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