Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51887 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because it 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0718 to read as 

follows: 

§ 165.T09–0718 Safety Zone; Thunder on 

Niagara, Niagara River, North Tonawanda, 

NY. 

(a) Location. The safety zone will 

encompass all waters of the Upper 

Niagara River, North Tonawanda, NY 

starting at position 42° 03′36′′ N, 078° 

54′45′′ W to 43° 03′09′′ N, 078°55′21′′ W 

to 43° 03′00′′ N, 078° 53′42′′ W to 43° 

02′42′′ N, 078° 54′09′′ W. (DATUM:NAD 

83). 

(b) Effective and Enforcement Period. 

This regulation is effective and will be 

enforced from 10 a.m. on August 20, 

2011 until 6 p.m. on August 21, 2011. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within the 

safety zone established by this section is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his onscene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo, is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within an enforced safety 

zone shall contact the Captain of the 

Port Buffalo or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port Buffalo 

or his on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Buffalo, or his onscene representative. 

Dated: August 8, 2011. 

S.M. Wischmann, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2011–21186 Filed 8–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0426] 

RIN 1625–AA00 

Safety Zone; Patuxent River, Patuxent 

River, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the ‘‘NAS Patuxent River Air 

Expo ’11,’’ which consists of aerial 

practices, performance demonstrations 

and air shows, to be held over certain 

waters of the Patuxent River adjacent to 

Patuxent River, Maryland from 

September 1, 2011 through September 4, 

2011. This rule is necessary to provide 

for the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in portions of the Patuxent River 

during the event. 

DATES: This rule is effective from 

September 1, 2011 through September 4, 

2011. 


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51888 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0426 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0426 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 22, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Safety Zone; Patuxent River, 

Patuxent River, MD’’ in the Federal 

Register (76 FR 36447). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment; therefore, a 30-day 

notice is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

protecting persons and vessels, and 

enhancing public and maritime safety. 

Background and Purpose 

U.S. Naval Air Station Patuxent River, 

Maryland is hosting the ‘‘NAS Patuxent 

River Air Expo ’11’’ on September 3, 

2011 and September 4, 2011. The public 

event will consist of military and 

civilian aircraft performing low-flying, 

high-speed precision maneuvers and 

aerial stunts over both the airfield at 

Naval Air Station Patuxent River and 

the waters of the Patuxent River. Federal 

Aviation Administration restrictions 

require that portions of the Blue Angels 

and aerobatic performance boxes take 

place over the waters of the Patuxent 

River. In addition to the air show dates, 

on September 3, 2011 and September 4, 

2011, military and civilian aircraft 

performing in the air show will conduct 

practice and demonstration maneuvers 

and stunts over both the airfield at 

Naval Air Station Patuxent River and 

specified waters of the Patuxent River. 

To provide for the safety of participants, 

spectators, and transiting vessels, the 

Coast Guard proposes to temporarily 

restrict vessel traffic on specified waters 

of the Patuxent River in the vicinity of 

the air shows, practices and 

demonstrations, and during other 

scheduled activities related to the air 

show. To address safety concerns during 

the event, the Captain of the Port, 

Baltimore is establishing a safety zone 

upon certain waters of the Patuxent 

River. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the NPRM. No 

public meeting was requested and none 

was held. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this safety zone 

restricts vessel traffic through the 

affected area, the effect of this regulation 

will not be significant due to the limited 

size and duration that the regulated area 

will be in effect. In addition, 

notifications will be made to the 

maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to operate or transit 

through or within the safety zone during 

the enforcement period. The safety zone 

will not have a significant economic 

impact on a substantial number of small 

entities for the following reasons. The 

safety zone is of limited size and 

duration. Smaller vessels not 

constrained by their draft, which are 

more likely to be small entities, may 

transit around the safety zone. Maritime 

advisories will be widely available to 

the maritime community before the 

effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 


wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51889 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0426 to 

read as follows: 

§ 165.T05–0426 Safety Zone; Patuxent 

River, Patuxent River, MD. 

(a) Regulated area. The following 

locations are regulated areas: 

(1) All waters of the lower Patuxent 

River, near Patuxent River, Maryland, 

located between Fishing Point and the 

base of the break wall marking the 

entrance to the East Patuxent Basin at 

Naval Air Station Patuxent River, within 

an area bounded by a line connecting 

position latitude 38°17′39′′ N, longitude 

076°25′47′′ W; thence to latitude 

38°17′47′′ N, longitude 076°26′00′′ W; 

thence to latitude 38°18′09′′ N, 

longitude 076°25′40′′ W; thence to 

latitude 38°18′00′′ N, longitude 

076°25′25′′ W, located along the 

shoreline at U.S. Naval Air Station 

Patuxent River, Maryland. 

(2) All waters of the lower Patuxent 

River, near Patuxent River, Maryland, 

located north of the West Patuxent 

Basin at Naval Air Station Patuxent 

River, within an area bounded by a line 

drawn from a position at latitude 

38°18′04′′ N, longitude 076°27′35′′ W; to 

latitude 38°18′09′′ N, longitude 

076°27′33′′ W; thence to latitude 

38°17′51′′ N, longitude 076°26′22′′ W; 

thence to latitude 38°17′46′′ N, 

longitude 076°26′23′′ W; thence to point 

of origin, located adjacent to the 

shoreline at U.S. Naval Air Station 

Patuxent River, Maryland. All 

coordinates reference Datum NAD 1983. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port Baltimore 

means the Commander, U.S. Coast 

Guard Sector Baltimore, Maryland. 

(2) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to assist in enforcing the 

safety zone described in paragraph (a) of 

this section. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR 165.23. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. Vessels already at berth, 

mooring, or anchor at the time the safety 

zone is implemented do not have to 

depart the safety zone. All vessels 

underway within this safety zone at the 

time it is implemented are to depart the 

zone. 

(3) Persons desiring to transit the area 

of the safety zone must first request 

authorization from the Captain of the 

Port Baltimore or his designated 


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51890 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

lights, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement periods. This section 

will be enforced as follows: 

(1) During the air show practice from 

8 a.m. until 6 p.m. on September 1, 

2011. 

(2) Air show practice and modified 

show from 9 a.m. until 6 p.m. on 

September 2, 2011. 

(3) Twilight performance from 

4:30 p.m. until 8:30 p.m. on September 

2, 2011. 

(4) Air show performances from 

8 a.m. until 7 p.m. on September 3, 2011 

and from 8 a.m. until 7 p.m. on 

September 4, 2011. 

Dated: August 4, 2011. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2011–21185 Filed 8–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 1 and 2 

RIN 2009–AN72 

Release of Information From 

Department of Veterans Affairs 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

regulations governing the submission 

and processing of requests for 

information under the Freedom of 

Information Act (FOIA) in order to 

implement provisions of the OPEN 

Government Act of 2007, and to 

reorganize and clarify existing 

regulations. 

DATES: Effective Date: This final rule is 

effective September 19, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Nachmann, Staff Attorney, 

Office of General Counsel (024), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–7684. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

October 14, 2010, VA published a 

proposed rule in the Federal Register 

(75 FR 63120). We proposed to amend 

VA’s regulations pertaining to release of 

information under 5 U.S.C. 552 and 

implementation of the FOIA, which are 

codified at 38 CFR 1.550 through 1.562. 

In addition, we proposed to update VA’s 

FOIA regulations to implement FOIA 

amendments in Open Government Act 

of 2007, Public Law 110–175. We also 

proposed to accommodate various 

means of communication with VA, 

streamline existing procedures, 

incorporate changes in the procedural 

requirements of the FOIA and make 

VA’s procedures easier for the public to 

understand, and generally reorganize 

and renumber the applicable provisions. 

VA provided a 60-day comment period, 

which ended on December 13, 2010. 

We received comments from one 

commenter, which generally expressed 

support for the proposed rule. The 

comments included five 

recommendations for modification of 

the proposed-rule provisions. We 

address each of those recommendations 

below. 

First, the commenter suggested that 

VA modify proposed § 1.561(h)(2) to 

direct VA’s FOIA professionals to 

provide requesters with a breakdown of 

the total fee estimate for their FOIA 

request. Proposed § 1.561(h)(2) 

prescribed that under circumstances in 

which the requester owes a fee, the 

FOIA Officer will provide the requester 

with an estimate of the fee. We agree 

with the commenter that, particularly 

under certain circumstances, such as 

where the estimated fee is substantial, a 

breakdown of the fee would provide 

more clarification for the requester. We 

believe that as written, however, 

§ 1.561(h)(2) adequately addresses the 

needs of the public in receiving an 

estimate of the fee owed while allowing 

necessary flexibility. Providing the 

appropriate detail in a particular 

estimate will be addressed through 

training and internal procedural 

guidance for FOIA Officers. The 

procedural guidance will be a subject 

covered by VA’s FOIA Handbook. In our 

view, the level of detail required for any 

estimate provided under this final rule 

will depend upon the complexity of the 

request. Accordingly, we decline to 

prescribe a specific standard for the 

estimates required by § 1.561(h)(2). 

Second, while the commenter 

supported proposed § 1.559(a), which 

would allow for informal resolution of 

a request before an appeal in 

appropriate cases, the commenter 

recommended that VA add language to 

this section that also directs requesters 

to work with VA’s FOIA public liaisons 

to resolve disputes. 

We note that VA referred to the 

availability of FOIA public liaisons in 

proposed § 1.552(b) in order to advise 

requesters that public liaisons would be 

available to assist in the resolution of 

requests and to refer requesters to VA’s 

FOIA internet home page for additional 

information. VA intends to provide 

information regarding public liaisons, as 

necessary, on its FOIA home page. We 

also intend to address the role of VA’s 

public liaison personnel in internal 

guidance. Overall, we are satisfied that 

the proposal for providing notice 

regarding public liaisons, without 

actually requiring requesters to work 

with liaisons, is consistent with the 

FOIA, as amended. 

Third, proposed § 1.559 addressed 

appeals of initial agency determinations 

under the FOIA. The commenter 

suggested adding language to § 1.559(e) 

directing VA to work with the Office of 

Government Information Services 

(OGIS) to resolve disputes between 

FOIA requesters and VA as a nonexclusive alternative to litigation. In a 

related comment, the commenter 

recommended that the Office of the 

General Counsel (OGC) provide notice 

regarding the OGIS mediation program 

in its final appeal determinations. 

The FOIA, as revised, establishes 

OGIS’s authority to provide mediation 

services. The proposed rule concerned 

VA’s administration of the FOIA. VA 

proposed to establish binding rules for 

the public regarding FOIA requests and 

for VA personnel responsible for 

processing such requests. Accordingly, 

the commenter’s suggestion in this 

regard is beyond the scope of this 

rulemaking. 

Regarding the commenter’s 

recommendation that OGC provide 

notice concerning OGIS mediation, we 

note that DOJ provided guidance to 

agencies recommending the inclusion of 

notice of OGIS mediation services in 

final agency decisions. VA follows 

DOJ’s guidance and includes OGIS’s 

recommended language in its final 

agency determinations. Accordingly, we 


wreier-aviles on DSKDVH8Z91PROD with RULES