### 80744 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations

of clinical work and 100 hours of faceto-face supervision; and

( 3) Is licensed or certified to practice as a mental health counselor by the jurisdiction where practicing (see paragraph (c)(3)(iv)(D) of this section for more specific information); and

( 4 ) May only be reimbursed when: (i) The TRICARE beneficiary is referred for therapy by a physician; and

(ii) A physician is providing ongoing oversight and supervision of the therapy being provided; and

(iii) The mental health counselor
certifies on each claim for
reimbursement that a written
communication has been made or will be made to the referring physician of the
results of the treatment. Such
communication will be made at the end of the treatment, or more frequently, as required by the referring physician (refer to § 199.7 of this part); and

(iv ) The date of services provided is on or before December 31, 2014.

* * * * *

Dated: December 21, 2011. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2011–33109 Filed 12–23–11; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Office of the Secretary**

**[DOD–2010–OS–0043; RIN 0790–AI62]**

**32 CFR Part 222**

**DoD Mandatory Declassification Review (MDR) Program** 

**AGENCY :**  Department of Defense.

**ACTION :**  Final rule.

**SUMMARY :**  This part implements policy
established in DoD Instruction 5200.01. It assigns responsibilities and provides procedures for members of the public to request a declassification review of
information classified under the provisions of Executive Order 13526, or predecessor orders.

**DATES :**  Effective Date: This rule is effective January 26, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Robert Storer, (571) 372–0483.

**SUPPLEMENTARY INFORMATION :**  The Department of Defense published a proposed rule on September 27, 2010 (75 FR 59176–59179). Three sets of
comments were received and are
addressed below.

Comment 1: As an initial matter, this proposed rule contains no paragraph (j), and there appears to be no current paragraph (j) to which this could be referring. While it is entirely reasonable
for the DoD to amend this rule later to cover the issue of fees, it is improper for
the DoD to include a reference now to a potential later amendment that will itself have to go through the notice and comment rulemaking procedure. It is far
more reasonable to leave this subparagraph out of the current iteration and add it when the actual paragraph (j)
is added to the rule.

Response 1: Paragraph revised to be consistent with section 2001.33(e) of 32 CFR (see section 222.10).

Comment 2: It is entirely proper that a requester shall not be given MDR appeal rights for records withheld pursuant to FOIA exemptions. However, it is not proper for records to be withheld pursuant to FOIA exemptions as part of the MDR process without providing the proper appeal rights that accompany all FOIA withholding
decisions.

Response 2: The FOIA and MDR process are separate and distinct processes. A MDR is not a FOIA Request; a requester does not have the right to appeal MDR’s denied under FOIA exemptions without having filed a FOIA Request. If a requester is denied under the rules of FOIA, the requester must submit a FOIA request for those records in order to have the exemptions examined. (See par 4 and par 5(c)3(d) of section 222.5.)

Comment 3: Proposed Section 222.5(a)(vii) reads as follows: ‘‘This section shall not apply to any request
for a review made to an element of the Intelligence Community that is made by a person other than an individual as that term is defined by 5 U.S.C. 552a(a)(2), or by a foreign government entity or any representative thereof.’’

This language differs meaningfully from the interpretive guidance rules in Section 32 CFR 2001.33(i), which say, in part, ‘‘requests for mandatory
declassification review made to an element of the Intelligence Community by anyone other than a citizen of the United States or an alien lawfully admitted for permanent residence may be denied by the receiving Intelligence Community element.’’

Response 3: Section removed from
final rule.

4: Comments from DoD Internal review of proposed rule:

a. Change the Executive Order in the last line of Paragraph 1 from 12958 to

13526.

b. Appoint an appellate authority and process MDR appeals for information originating in the OSD, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, and DoD components not listed in the Appendix to Enclosure 2.

c. Insert reference to DoD 5200.1–R so the paragraph reads ‘‘The DoD Components shall process MDR requests
* * * in accordance with DoD 5200.1–
R and Part 2001 of title 32 * * *’’

d. Replace paragraph 7.b with the following (or similar) statement: ‘‘The DoD Component shall consult with DOS as necessary to determine whether the information is subject to a treaty or international agreement that would prevent its declassification. The office to consult is * * *’’ (U//FOUO) The purpose of the statement is to allow DoD intelligence organizations that have existing, authorized agreements for coordinating actions on FGI to continue to use those arrangements with counterpart organizations of foreign governments for the purposes of coordinating Mandatory Declassification

actions.

e. Updated all DoD Component
contact information.

Response to Internal Comments: Internal comments from staffing reviews were incorporated as appropriate. Changes were made in the following sections: references, paragraph (d), § 222.5 MDR processing procedures of the final in response to the comments
received.

Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’

It has been certified that 32 CFR part
222 does not:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribunal governments or communities;

(2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another Agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles
set forth in these Executive Orders.

Sec. 202, Public Law 104–4, ‘‘Unfunded
Mandates Reform Act’’

It has been certified that 32 CFR part
222 does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more in any one year.


### 80745 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations

Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. 601)

It has been certified that 32 CFR part 222 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a
substantial number of small entities. The rule implements the procedures for
the effective administration of the DoD MDR Program.

Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35)

It has been certified that 32 CFR part 222 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995.

Executive Order 13132, ‘‘Federalism’’

It has been certified that 32 CFR part
222 does not have federalism implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:

(1) The States; (2) The relationship between the National Government and the States; or

(3) The distribution of power and responsibilities among the various
levels of Government.

List of Subjects in 32 CFR Part 222

Declassification, Security information.

■ Accordingly, 32 CFR part 222 is
added to read as follows:

**PART 222—DOD MANDATORY DECLASSIFICATION REVIEW (MDR)** 
**PROGRAM**

Sec. 222.1 Purpose. 222.2 Applicability.
222.3 Definitions. 222.4 Responsibilities. 222.5 MDR processing procedures.
Appendix A to Part 222—Addressing MDR requests.

Authority: 5 U.S.C. 552.

**§ 222.1 Purpose.**

This part implements policy
established in DoD Instruction 5200.01. It assigns responsibilities and provides procedures for members of the public to request a declassification review of
information classified under the provisions of Executive Order 13526, or predecessor orders.

**§ 222.2 Applicability.**

This part applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within DoD (hereafter referred to collectively as the ‘‘DoD Components’’).

**§ 222.3 Definitions.**

Unless otherwise noted, these terms and their definitions are for the purpose of this part.

Foreign Government Information (FGI). Defined in DoD 5200.1–R (available at http://www.dtic.mil/whs/ directives/corres/pdf/520001r.pdf ). Formal Control System. A system designed to ensure DoD Component accountability and compliance. For each MDR request, the system shall contain, at a minimum, a unique tracking number, requester’s name and organizational affiliation, information requested, date of receipt, and date of
closure.

Formerly Restricted Data. Defined in

DoD 5200.1–R.

MDR. The review of classified
information for declassification in response to a declassification request that meets the requirements under section 3.5 of Executive Order 13526, ‘‘Classified National Security Information,’’ December 29, 2009.

Restricted Data. Defined in DoD

5200.1–R.

**§ 222.4 Responsibilities.**

(a) The Director, Washington Headquarters Services, shall process MDR requests for OSD, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, and DoD Components not listed in the Appendix A to this part.

(b) Heads of the DoD Components. The Heads of the DoD Components listed in the Appendix A to this part
shall:

(1) Establish procedures for the processing of MDR requests and appeals for information originating within the Component.

(2) Appoint an appellate authority to adjudicate MDR appeals for the Component.

**§ 222.5 MDR processing procedures.**

(a) General. The DoD Components shall process MDR requests from the public for classified information originating within the DoD Component
in accordance with DoD 5200.1–R and 32 CFR part 2001.

(b) Information not subject to review for public release under the MDR
includes:

(1) Unclassified information (to include documents) or previously
classified documents that are declassified prior to the receipt of the MDR request. These documents must be requested under the provisions of 5 U.S.C. 552(b) (also known and
hereinafter referred to as the ‘‘Freedom of Information Act’’ (FOIA) and 32 CFR part 286.

(2) Information (to include documents) reviewed for declassification within 2 years preceding the date of receipt of the MDR request. If this is the case, the requester shall be provided the documents as previously released and advised of the right to appeal to the DoD Component within 60 days unless the documents are already under appeal to the Interagency Security Classification Appeals Panel (ISCAP).

(3) Information exempted from search and review by statute of 50 U.S.C. 431, 432, 432a, 432b, and 432d.

(4) Documents originated by the incumbent President; the incumbent President’s White House Staff; committees, commissions, or boards appointed by the incumbent President;
or other entities within the Executive Office of the President that solely advise
and assist the incumbent President.

(5) Information marked as Restricted Data or Formerly Restricted Data.

(6) Information that is the subject of pending litigation.

(c) MDR Requester Guidelines. Members of the public seeking the
declassification of DoD documents under the provisions of section 3.5 of Executive Order 13526, and 50 U.S.C. 431, 432, 432a, 432b, and 432d shall:

(1) Address the written request to the appropriate DoD Component listed in the appendix to this enclosure.

(2) Identify the requested document or information with sufficient specificity to enable the DoD Component to locate it
with a reasonable amount of effort. Information that would provide the sufficient specificity would include a document identifier such as originator, date, title, subject, the National
Archives and Records Administration accession number, or other applicable unique document identifying number. Broad or topical MDR requests for records on a particular subject, such as ‘‘any and all documents concerning’’ a subject do not meet this standard.

(3) Include a correct return mailing address with the request.

(4) Include a statement that the requester understands that the request may incur processing charges in accordance with paragraph (k) of this

section.

(d) Receipt and Control. Upon receipt of an MDR request, the DoD Component shall send the requester an acknowledgement and open a file in a formal control system. The acknowledgement shall include the


### 80746 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations

tracking number and date of receipt of the request.

(e) Simultaneous MDR and FOIA Requests. DoD Components should be aware of possible requests under both
the MDR and the FOIA. In accordance with 32 CFR part 286, if a requester asks
for the same information under the FOIA and the MDR, the DoD Component shall ask the requester to select only one process. If the requester does not select a process, the DoD Component shall process the requested
information under the FOIA.

(f) MDR Document Review Process. (1) Requests normally will be processed on a first in first out basis by date of receipt.

(2) Every effort shall be made to ensure that a response to an MDR request is provided to the requester within 1 year from the date of receipt.

(3) The DoD Components shall conduct line-by-line reviews of documents responsive to an MDR request to determine if the information
contained within the documents
continues to adhere to the standards for classification according to Executive
Order 13526 Classified National Security Information. This line-by-line
review must take into account the unique sensitivity of FGI as outlined in paragraph (h) of this section. In accordance with section 3.6(b) of
Executive Order 13526 Classified National Security Information, classified information originating with another U.S. Government agency contained in records of the DoD Components will be referred to the originating agency for a
declassification and release determination. Likewise, classified information in a DoD Component’s records originating with another DoD Component will be referred to the originating Component. It is the responsibility of the DoD Component originally receiving the MDR request to manage these referrals and to incorporate the other agency’s or DoD Component’s determinations when preparing the final decision on the request. The review of each document
will determine if the document:

(i) No longer meets the standards for classification as established by
Executive Order 13526 ‘‘Classified National Security Information’’, and is
therefore declassified in full.

(ii) Contains portions still meeting the
standards for classification and is therefore declassified in part and denied in part.

(iii) Still meets the standards for classification in its entirety and is
therefore denied in full.

(4) For documents meeting the criteria of paragraphs (f)(3)(i) and (f)(3)(ii) of this section, the DoD Components shall not release any unclassified information exempt from public release pursuant to Exemptions 2 through 9 of the FOIA. DoD 5400.7–R, ‘‘DoD Freedom of Information Act Program’’ provides a more detailed explanation of the FOIA exemptions.

(5) When this process is complete, the DoD Components shall redact all information, both classified and unclassified, determined to be exempt
from release as warranted under applicable law and authority. All of the remaining information within the documents, which is determined to be publicly releasable information, shall be provided promptly to the requester.

(g) Public Access. In the interest of transparency, the DoD Components should make efforts to post documents released under the MDR program on DoD Component Web sites.

(h) FGI. Every effort must be made to ensure that FGI is not subject to declassification without the prior consent of the originating government. Therefore, if a requested document originated with a foreign government or organization and was classified by that government or organization, the DoD Component shall conduct MDR of the
document in accordance with DoD 5200.1–R and 32 CFR part 2001.

(i) Denial of Information. (1) When classified information is denied, the DoD Component shall advise the requester, in writing:

(i) That information currently and properly classified has been denied (whether a document in its entirety or partially) in accordance with the appropriate sections of Executive Order 13526 Classified National Security
Information.

(ii) Of the right to appeal the denial to the DoD Component within 60 days of receipt of the denial.

(iii) Of the mailing address for the appellate authority.

(2) When unclassified information is
withheld because it is determined to be exempt from release pursuant to Exemptions 2 through 9 of the FOIA (whether or not classified information
was also withheld within the same document), the DoD Component shall advise the requester that:

(i) Section 3.5(c) of Executive Order 13526 Classified National Security
Information allows for the denial of information when withholding it is
authorized and warranted under applicable law.

(ii) Unclassified information exempt from public release pursuant to one or more exemptions of the FOIA has been
withheld. (3) For the denial of unclassified information, the requester shall not be given MDR appeal rights because the MDR applies only to the denial of
classified information and because the request was not processed under the

FOIA.

(4) The DoD Component is not required to confirm or deny the existence or nonexistence of requested
information whenever the fact of its
existence or nonexistence is itself classified pursuant to Executive Order 13526 Classified National Security
Information.

(f) MDR Appeals. MDR appeals are for
the denial of classified information only. DoD Components shall make an appellate decision within 60 working days of receipt of an MDR appeal. If additional time is required to make a determination, the appellate authority shall notify the requester of the additional time needed and provide the requester with the reason for the extension. When the appellate review is complete, the appellate authority shall notify the requester in writing of the
final determination and of the reasons for any denial. If the appellate authority
determines that some information remains classified under the provisions
of Executive Order 13526 Classified National Security Information, the requester will be advised of the right to appeal the final decision to the ISCAP within 60 days of the final Component decision, in accordance with section 5.3
of Executive Order 13526 Classified National Security Information.

(k) FEES. In responding to MDR requests, the DoD Components may charge fees as permitted by 32 CFR Part 2001. Fees for search, review, and reproduction shall be in accordance with the fee schedule in Appendix 2 of Chapter 4 of Volume 11A of DoD 7000.14–R (available at http:// comptroller.defense.gov/fmr/11a/

11a

_ 04.pdf ).

Appendix A to Part 222—Addressing MDR Requests

(a) General. The Department of Defense does not have a central repository for DoD records. MDR requests therefore should be addressed to the DoD Component that has custody of the requested record. If a requester is not sure which DoD Component has custody or if the DoD Component is not listed below, the MDR request should be directed to the Washington Headquarters Services in paragraph (b)(1) of this appendix.

(b) DoD Component MDR Addresses: (1) OSD and the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff. Department of Defense, Washington Headquarters Services, Records and Declassification Division, Suite 02F09–02, 4800 Mark Center Drive, Alexandria, VA


### 80747 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations

22350–3100. EXCEPTION: DoD Inspector General. DoD Office of Inspector General, 400 Army Navy Drive, Arlington, VA 22202–

4704.

(2) Department of the Army. U.S. Army Declassification Activity, Attention: AHRC– RDD, 8850 Richmond Highway, Suite 300, Alexandria, VA 22309.

(3) Department of the Navy. (i) Department of the Navy, Chief of Naval Operations, CNO N09N2, 2000 Navy Pentagon, Washington, DC 20350–2000. (Collateral MDR).

(ii) Department of the Navy, Chief of Naval Operations, CNO N2/N6, 2000 Navy Pentagon, Washington, DC 20350–2000. (Sensitive Compartmented Information MDR).

(4) Department of the Air Force. Department of the Air Force, HAF/IMIO (MDR), 1000 Air Force Pentagon, Washington, DC 20330–1000.

(5) United States Marine Corps. Commandant of the Marine Corps, HQMC Code PP&O, Security Division (PS), 3000 Marine Corps Pentagon, Room 4A324, Washington, DC 20350–3000

(6) Defense Advanced Research Projects Agency. Defense Advanced Research Projects Agency, 3701 N. Fairfax Drive, Arlington, VA

22203–1714.

(7) Defense Contract Audit Agency. Director, Defense Contract Audit Agency, Attention: CPS, 8725 John J. Kingman Road, Suite 2135, Fort Belvoir, VA 22060–6219.

(8) Defense Information Systems Agency. Defense Information Systems Agency, Attention: Security Division, MPS 6, 5111 Leesburg Pike, Suite 100, Falls Church, VA

22041.

(9) Defense Intelligence Agency. Defense Intelligence Agency, Attention: DAN–1A (FOIA), Washington, DC 20340–5100.

(10) Defense Logistics Agency. Defense Logistics Agency, Attention: DLA/DSS–S, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060–6221.

(11) Defense Security Service. Defense Security Service, Office of FOIA & Privacy, 1340 Braddock Place, Alexandria, VA 22314–

1651.

(12) Defense Threat Reduction Agency. Defense Threat Reduction Agency, Attention: SCR 8725 John J. Kingman Road, Fort Belvoir, VA 22060–6201.

(13) Missile Defense Agency. Missile Defense Agency, Attention: MDA/DS, 7100 Defense Pentagon, Washington, DC 20301–

7100.

(14) National Geospatial-Intelligence Agency. National Geospatial-Intelligence Agency, Mail Stop D–10, 4600 Sangamore Road, Bethesda, MD 20816–5003.

(15) National Reconnaissance Office. National Reconnaissance Office, NRO–MSO– ASG–IMSC–IART’, 14675 Lee Road, Chantilly, VA 20151–1715.

(16) National Security Agency/Central Security Service. National Security Agency, Declassification Office, DJP5, 9800 Savage Road, Suite 6884, Fort George G. Meade, MD

20755–6884.

(17) North American Aerospace Defense
Command. HQ NORAD/CSO, 250 Vandenberg St. Ste B016, Peterson AFB, CO

80914. (18) U.S. Africa Command. US Africa Command, Unit 29951, ATTN: COS–FOIA,

APO AE 09751.

(19) U.S. Central Command. U.S. Central Command, Attention: CCJ6–RDD, 7115 South Boundary Blvd., MacDill AFB, FL 33621–

5101.

(20) U.S. European Command. U.S. European Command, Attention: ECJ1–AX, Unit 30400, APO AE 09131.

(21) U.S. Joint Forces Command. U.S. Joint Forces Command, Code J02SM, 1562 Mitscher Ave., Suite 200, Norfolk, VA

23511–2488.

(22) U.S. Northern Command. U.S. Northern Command, HQ USNORTHCOM/ CSO, 250 Vandenberg Street, Suite B016, Peterson AFB, CO 80914–3804.

(23) U.S. Pacific Command. U.S. Pacific Command, Attention: J151 FOIA, Box 64017, Camp Smith, HI 96861–4017.

(24) U.S. Southern Command. U.S. Southern Command, Attention: SCJ2–SM– CFO (FOIA)’’.3511 NW 91st Avenue, Miami,

FL 33172–1217.

(25) U.S. Special Operations Command. U.S. Special Operations Command, Attention: SOCS–SJS–SI (FOIA), 7701 Tampa Point Blvd., MacDill AFB, FL 33621–5323.

(26) U.S. Strategic Command. U.S. Strategic Command, Attention: CS50, 901 SAC Blvd., STE 1C17, Offutt AFB, NE 68113–

6000.

(27) U.S. Transportation Command. U.S. Transportation Command, Chief, Command Information Management, ATTN: TCCSIM, 508 Scott Drive, Scott AFB IL 62225–5357.

(28) Interagency Security Classification Appeals Panel http://www.archives.gov/isoo/ oversight-groups/iscap/index.html

.

(29) Principal Mandatory Declassification Review (MDR) Contacts at Federal Agencieshttp://www.archives.gov/isoo/contact/mdrcontact.html

.

Dated: December 21, 2011. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2011–33104 Filed 12–23–11; 8:45 am]

**BILLING CODE 5001–06–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R10–OAR–2011–0767, FRL–9494–9]**

**Approval and Promulgation of Implementation Plans; Oregon: New** 
**Source Review/Prevention of Significant Deterioration Rule**  **Revisions and Air Quality Permit Streamlining Rule Revisions** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is taking final action to approve the amendments to the Oregon State Implementation Plan (SIP) that were proposed on September 23, 2011. No comments were received on the proposal and today EPA is taking final action to approve the proposed SIP amendments without change. EPA is approving the SIP submission provided by the State of Oregon for the purpose of addressing the third element of the interstate transport provisions of Clean Air Act (CAA or the Act) for the 1997
8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 and 2006 fine particulate matter (PM 2.5 ) NAAQS. The third element of the CAA requires that a state not interfere with any other state’s required measures to prevent significant deterioration (PSD) of its air quality. EPA is also approving numerous revisions to the Oregon SIP that were submitted to EPA by the State of Oregon on October 8, 2008; October 10, 2008; March 17, 2009; June 23, 2010; December 22, 2010 and May 5, 2011. The revisions include updating Oregon’s new source review (NSR) rules
to be consistent with current Federal regulations, adding greenhouse gases (GHGs) to the list of pollutants whose emissions are subject to control under the State’s NSR permitting process; and streamlining Oregon’s air quality rules by clarifying requirements, removing duplicative rules, and correcting errors. The Federal Implementation Plan (FIP) that EPA promulgated on December 9, 2010, providing for federal implementation of PSD permitting for GHGs is also withdrawn as part of this action because it is being replaced through the approval of the State’s regulations providing authority for PSD permitting of GHG emissions. The
revisions were submitted in accordance with the requirements of section 110 and part D of the Act. Finally, EPA has
identified a technical error in its most recent codification of the Oregon SIP and is making a technical correction to
reinstate text that had been unintentionally omitted from that

section.

**DATES :**  This action is effective on January 26, 2012.

**ADDRESSES :**  EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2011–0767. All documents in the docket
are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e.,
Confidential Business Information or
other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket