Weatherization Assistance for Low-Income Persons: Maintaining the Privacy of Applicants for and Recipients of Services, 32089-32090 [2010-13594]

Download as PDF 32089 Rules and Regulations Federal Register Vol. 75, No. 108 Monday, June 7, 2010 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF ENERGY 10 CFR Part 440 [Docket No. DOE–EERE–OT–2010–0004] RIN 1904–AC16 Weatherization Assistance for LowIncome Persons: Maintaining the Privacy of Applicants for and Recipients of Services WReier-Aviles on DSKGBLS3C1PROD with RULES AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. SUMMARY: The U.S. Department of Energy (DOE) published an interim final rule on March 11, 2010, requiring that all States and other service providers that participate in the Weatherization Assistance Program (WAP) treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government’s treatment of information requested under the Freedom of Information Act (FOIA). DOE is today adopting the interim final rule as final without change. DATES: This rule is effective July 7, 2010. FOR FURTHER INFORMATION CONTACT: Robert Adams, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Weatherization Assistance Program, EE–2K, 950 L’Enfant Plaza, SW., Room P201D, Washington, DC 20585–0121, (202) 287– 1591, e-mail: robert.adams@ee.doe.gov. Bryan Miller, Esq., U.S. Department of Energy, Office of General Counsel, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586–8627. SUPPLEMENTARY INFORMATION: I. Background and Authority Title IV, Energy Conservation and Production Act, as amended, authorizes DOE to administer the WAP. All grant VerDate Mar<15>2010 15:24 Jun 04, 2010 Jkt 220001 awards made under this program must comply with applicable authorities, including regulations contained in Title 10 of the Code of Federal Regulations (10 CFR) part 440. II. Discussion On March 11, 2010, DOE published an interim final rule requiring all States and other service providers that participate in the WAP to treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government’s treatment of information requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, including the privacy protections contained in Exemption (b)(6) of the FOIA, 5 U.S.C. 552(b)(6), 75 FR 11419. The background and explanation of the interim final rule was set out in that March 11 publication. The comment period for that interim final rule closed on April 12, 2010. DOE received one comment letter, the substance of which is set forth, with responses, below: Comment: Rule 10 CFR 440.2(e) should state that participant name and address information has a substantial privacy interest under FOIA Exemption (b)(6) because disclosure of such information would reveal the income status of the participant. Response: The interim final rule includes the following language in its amendment to 10 CFR 440.2: ‘‘Under 5 U.S.C. 552(b)(6) [the codification of FOIA Exemption (b)(6)], information relating to an individual’s eligibility application or the individual’s participation in the program, such as name, address, or income information, are generally exempt from disclosure.’’ 75 FR 11422. DOE believes that this existing language is sufficient to satisfy the suggestion in this comment. Comment: Rule 10 CFR 440.2(e) should state that the FOIA (b)(6) balancing test should include the consideration of alternatives to disclosure of identifying information that could address the public interest without compromising the privacy of WAP participants. Response: The interim final rule states, ‘‘[g]iven a legitimate, articulated public interest in the disclosure, States and other service providers may release information regarding recipients in the aggregate that does not identify specific individuals * * *. Pursuant to FOIA Exemption (b)(6), records that contain PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 personal information including but not limited to, names, addresses, and income information, are generally exempt from disclosure.’’ 75 FR 11420. DOE believes that this existing language, and the FOIA (b)(6) language found at 5 U.S.C. 552(b)(6), adequately addresses the suggestion in this comment. Comment: DOE should include in the final rule examples of actual or hypothetical FOIA requests as guidance to illustrate how DOE would apply the FOIA (b)(6) balancing test. Response: DOE believes that speculating on the FOIA (b)(6) outcome of a given hypothetical situation would not provide much assistance to WAP providers. The public interest involved and the appropriate balance struck will depend on the facts of any given situation. Comment: DOE should ask States and other service providers to voluntarily submit the results of FOIA (b)(6) balancing test decisions, so that DOE can maintain and provide access to a repository of those decisions for reference by other WAP providers. Response: DOE believes that compiling such decisions is unnecessary, creates an additional paperwork burden on WAP providers and the Agency, and might require DOE to establish a Privacy Act System of Records. Because the suggestions in comments (1) and (2) are already incorporated in the interim final rule, and because DOE declines to adopt the suggestions in comments (3) and (4), DOE is today adopting the interim final rule as final without change. III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 Today’s regulatory action is a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review,’’ 58 FR 51735 (October 4, 1993). Accordingly, this action was subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget. B. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today’s rule before its effective date. The report will state that it has been E:\FR\FM\07JNR1.SGM 07JNR1 32090 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Rules and Regulations determined that the rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 440 Administrative practice and procedure, Aged, Energy conservation, Grant programs—energy, Grant programs—housing and community development, Housing standards— Indians, Individuals with disabilities, Reporting and recordkeeping requirements, Weatherization. Issued in Washington, DC, on May 28, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. PART 440—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS Accordingly, the interim final rule amending 10 CFR part 440 which was published at 75 FR 11419 on March 11, 2010, is adopted as a final rule without change. ■ [FR Doc. 2010–13594 Filed 6–4–10; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Model CL–600–2C10 (Regional Jet Series 700, 701, & 702) Airplanes, Model CL–600–2D15 (Regional Jet Series 705) Airplanes, and Model CL– 600–2D24 (Regional Jet Series 900) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. WReier-Aviles on DSKGBLS3C1PROD with RULES AGENCY: SUMMARY: We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: 15:24 Jun 04, 2010 Jkt 220001 The unsafe condition is failure of the ADG, which could lead to loss of several functions essential for safe flight. We are issuing this AD to require actions to correct the unsafe condition on these products. This AD becomes effective July 12, 2010. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of April 30, 2009 (74 FR 13094, March 26, 2009). ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228– 7303; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: DATES: Discussion [Docket No. FAA–2009–1033; Directorate Identifier 2009–NM–104–AD; Amendment 39–16326; AD 2010–12–05] VerDate Mar<15>2010 Following in-flight test deployments on CL–600–2B19 aircraft, several Air-Driven generators (ADGs) failed to come online. Investigation revealed that, as a result of a wiring anomaly that had not been detected during ADG manufacture, a short circuit was possible between certain internal wires and their metallic over-braided shields, which could result in the ADG not providing power when deployed. * * * We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on November 5, 2009 (74 FR 57268), and proposed to supersede AD 2009–06–18, Amendment 39–15855 (74 FR 13094, March 26, 2009). You may obtain further information by examining the MCAI in the AD docket. Since we issued AD 2009–06–18, we have received notice that additional suspect air-driven generators may have been installed between the effective date of Canadian Airworthiness Directive CF–2008–10, dated February 5, 2008, and the effective date of the equivalent FAA AD, AD 2009–06–18. Therefore, we have determined that the actions required by paragraph (f)(1) of AD 2009– 06–18 are also required for Model CL– 600–2C10 airplanes having serial numbers 10266 through 10273 inclusive, and Model CL–600–2D15 and CL–600–2D24 airplanes having serial PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 numbers 15163 through 15223 inclusive. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Support for the NPRM The Air Line Pilots Association, International (ALPA) supports the intent of the NPRM. Request To Allow Previously Approved AMOCs American Eagle Airlines (American Eagle) requests that we allow alternative methods of compliance (AMOCs) previously approved for AD 2009–06– 18. American Eagle states that including a statement allowing previously approved AMOCs will prevent the need for duplicate requests for the same issue. We agree with the commenter’s request. We have determined that AMOCs previously approved for AD 2009–06–18 are acceptable for compliance with the corresponding requirements of this AD. We have added a statement to paragraph (h)(1) of this AD to allow AMOCs approved previously in accordance with AD 2009–06–18. Explanation of Change Made to This AD We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes do not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Rules and Regulations]
[Pages 32089-32090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13594]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Rules 
and Regulations

[[Page 32089]]



DEPARTMENT OF ENERGY

10 CFR Part 440

[Docket No. DOE-EERE-OT-2010-0004]
RIN 1904-AC16


Weatherization Assistance for Low-Income Persons: Maintaining the 
Privacy of Applicants for and Recipients of Services

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) published an interim final 
rule on March 11, 2010, requiring that all States and other service 
providers that participate in the Weatherization Assistance Program 
(WAP) treat all requests for information concerning applicants and 
recipients of WAP funds in a manner consistent with the Federal 
Government's treatment of information requested under the Freedom of 
Information Act (FOIA). DOE is today adopting the interim final rule as 
final without change.

DATES: This rule is effective July 7, 2010.

FOR FURTHER INFORMATION CONTACT: Robert Adams, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, 
Weatherization Assistance Program, EE-2K, 950 L'Enfant Plaza, SW., Room 
P201D, Washington, DC 20585-0121, (202) 287-1591, e-mail: 
robert.adams@ee.doe.gov.
    Bryan Miller, Esq., U.S. Department of Energy, Office of General 
Counsel, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 
586-8627.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title IV, Energy Conservation and Production Act, as amended, 
authorizes DOE to administer the WAP. All grant awards made under this 
program must comply with applicable authorities, including regulations 
contained in Title 10 of the Code of Federal Regulations (10 CFR) part 
440.

II. Discussion

    On March 11, 2010, DOE published an interim final rule requiring 
all States and other service providers that participate in the WAP to 
treat all requests for information concerning applicants and recipients 
of WAP funds in a manner consistent with the Federal Government's 
treatment of information requested under the Freedom of Information Act 
(FOIA), 5 U.S.C. 552, including the privacy protections contained in 
Exemption (b)(6) of the FOIA, 5 U.S.C. 552(b)(6), 75 FR 11419. The 
background and explanation of the interim final rule was set out in 
that March 11 publication. The comment period for that interim final 
rule closed on April 12, 2010. DOE received one comment letter, the 
substance of which is set forth, with responses, below:
    Comment: Rule 10 CFR 440.2(e) should state that participant name 
and address information has a substantial privacy interest under FOIA 
Exemption (b)(6) because disclosure of such information would reveal 
the income status of the participant.
    Response: The interim final rule includes the following language in 
its amendment to 10 CFR 440.2: ``Under 5 U.S.C. 552(b)(6) [the 
codification of FOIA Exemption (b)(6)], information relating to an 
individual's eligibility application or the individual's participation 
in the program, such as name, address, or income information, are 
generally exempt from disclosure.'' 75 FR 11422. DOE believes that this 
existing language is sufficient to satisfy the suggestion in this 
comment.
    Comment: Rule 10 CFR 440.2(e) should state that the FOIA (b)(6) 
balancing test should include the consideration of alternatives to 
disclosure of identifying information that could address the public 
interest without compromising the privacy of WAP participants.
    Response: The interim final rule states, ``[g]iven a legitimate, 
articulated public interest in the disclosure, States and other service 
providers may release information regarding recipients in the aggregate 
that does not identify specific individuals * * *. Pursuant to FOIA 
Exemption (b)(6), records that contain personal information including 
but not limited to, names, addresses, and income information, are 
generally exempt from disclosure.'' 75 FR 11420. DOE believes that this 
existing language, and the FOIA (b)(6) language found at 5 U.S.C. 
552(b)(6), adequately addresses the suggestion in this comment.
    Comment: DOE should include in the final rule examples of actual or 
hypothetical FOIA requests as guidance to illustrate how DOE would 
apply the FOIA (b)(6) balancing test.
    Response: DOE believes that speculating on the FOIA (b)(6) outcome 
of a given hypothetical situation would not provide much assistance to 
WAP providers. The public interest involved and the appropriate balance 
struck will depend on the facts of any given situation.
    Comment: DOE should ask States and other service providers to 
voluntarily submit the results of FOIA (b)(6) balancing test decisions, 
so that DOE can maintain and provide access to a repository of those 
decisions for reference by other WAP providers.
    Response: DOE believes that compiling such decisions is 
unnecessary, creates an additional paperwork burden on WAP providers 
and the Agency, and might require DOE to establish a Privacy Act System 
of Records.
    Because the suggestions in comments (1) and (2) are already 
incorporated in the interim final rule, and because DOE declines to 
adopt the suggestions in comments (3) and (4), DOE is today adopting 
the interim final rule as final without change.

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    Today's regulatory action is a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action was 
subject to review under that Executive Order by the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget.

B. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been

[[Page 32090]]

determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 440

    Administrative practice and procedure, Aged, Energy conservation, 
Grant programs--energy, Grant programs--housing and community 
development, Housing standards--Indians, Individuals with disabilities, 
Reporting and recordkeeping requirements, Weatherization.

    Issued in Washington, DC, on May 28, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

PART 440--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

0
Accordingly, the interim final rule amending 10 CFR part 440 which was 
published at 75 FR 11419 on March 11, 2010, is adopted as a final rule 
without change.
[FR Doc. 2010-13594 Filed 6-4-10; 8:45 am]
BILLING CODE 6450-01-P
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