[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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  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: 
[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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