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.

Rules and Regulations Federal Register

11737 

Vol. 77, No. 39 

Tuesday, February 28, 2012 

DEPARTMENT OF ENERGY 

10 CFR Part 440 

[Docket No. EEWAP0130] 

RIN 1904–AC16 

Weatherization Assistance for LowIncome 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 published 

a final rule on June 7, 2010, adopting 

the interim final rule as final without 

change. This adoption inadvertently 

caused the sunset date of December 6, 

2010, stated in the interim final rule to 

also be adopted as final. DOE is today 

adopting the amendments to 10 CFR 

part 440 of chapter II of title 10, Code 

of Federal Regulations set forth in the 

interim final rule without adopting the 

sunset date. 

DATES: This rule is effective February 

28, 2012. 

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, email: robert.adams@ee.doe.gov. 

For legal issues contact Kavita 

Vaidyanathan, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–71, 1000 

Independence Avenue SW., 

Washington, DC 20585, (202) 586–0669, 

email: kavita.vaidyanathan@hq.doe.gov. 

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, (75 FR 11419), 

DOE published an interim final rule 

requiring all States and other service 

providers that participate in the 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 FOIA. 

The background and explanation of that 

interim final rule was set out in the 

March 11 publication. DOE received one 

comment letter and published a final 

rule on June 7, 2010, (75 FR 32089), 

adopting the interim final rule as final 

without change because some of the 

suggestions in the comments were 

already incorporated in the interim final 

rule and DOE declined to adopt the 

other suggestions. 

The final rule was effective on July 7, 

2010. However, the adoption of the 

interim final rule as final without 

change inadvertently caused the sunset 

date of December 6, 2010, stated in the 

interim final rule to also be adopted as 

final. To correct the inclusion of the 

interim final rule’s sunset date in the 

final rule, DOE is today adopting the 

amendments to 10 CFR part 440 of 

chapter II of title 10, Code of Federal 

Regulations set forth in the interim final 

rule without adopting the sunset date. 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

significant regulatory action under 

section 3(f)(1) of Executive Order 12866, 

‘‘Regulatory Planning and Review’’ (58 

FR 51735 (Oct. 4, 1993)). Accordingly, 

today’s action was not reviewed by the 

Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget. 

B. Administrative Procedure Act 

DOE finds that providing prior notice 

and comment on today’s final rule 

would be unnecessary. See, 5 U.S.C. 

553(b)(3)(B). As noted above, today’s 

final rule corrects an inadvertent 

application of a sunset date to a final 

rule that was previously subject to 

notice and comment. DOE received and 

responded to the one comment received 

as a result of that public notice and 

comment opportunity. Today’s final 

rule adopts the regulatory language as 

finalized in the prior final rule. 

C. 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 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

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 February 17, 

2012. 

Henry C. Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, DOE is amending 10 CFR part 

440 as set forth below: 

PART 440—WEATHERIZATION 

ASSISTANCE FOR LOW-INCOME 

PERSONS 

■ 1. The authority citation for part 440 

continues to read as follows: 

Authority: 42 U.S.C. 6861 et seq.; 42 

U.S.C. 7101 et seq. 

■ 2. Section 440.2 is amended by adding 

a new paragraph (e) to read as follows: 

§ 440.2 Administration of grants. 

* * * * * 

(e)(1) States, Tribes and their 

subawardees, including, but not limited 

to subrecipients, subgrantees, 

contractors and subcontractors that 


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11738 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

participate in the program established 

under this Part are required 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). Under 5 U.S.C. 

552(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. 

(2) A balancing test must be used in 

applying Exemption (b)(6) in order to 

determine: 

(i) Whether a significant privacy 

interest would be invaded; 

(ii) Whether the release of the 

information would further the public 

interest by shedding light on the 

operations or activities of the 

Government; and 

(iii) Whether in balancing the privacy 

interests against the public interest, 

disclosure would constitute a clearly 

unwarranted invasion of privacy. 

(3) A request for personal information 

including but not limited to the names, 

addresses, or income information of 

WAP applicants or recipients would 

require the State or other service 

provider to balance a clearly defined 

public interest in obtaining this 

information against the individuals’ 

legitimate expectation of privacy. 

(4) Given 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. However, a State or service 

provider must apply an FOIA 

Exemption (b)(6) balancing test to any 

request for information that can not be 

satisfied by such less-intrusive methods. 

[FR Doc. 2012–4643 Filed 2–27–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No.: FAA–2012–0007; Amdt. No. 

135–126] 

RIN 2120–AK02 

Authorization To Use Lower Than 

Standard Takeoff, Approach and 

Landing Minimums at Military and 

Foreign Airports; Confirmation of 

Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on January 11, 2012. The rule 

allows qualified operators to conduct 

lower than standard instrument flight 

rules (IFR) airport operations at military 

airports or outside the United States 

when authorized to do so by their 

operations specifications. 

DATES: The effective date for the direct 

final rule published on January 11, 

2012, at 77 FR 1629, is confirmed as 

February 27, 2012. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Gregory French, Air 

Transportation Division, 135 Air Carrier 

Operations Branch, AFS–250, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–4112; email 

gregory.french@faa.gov. 

For legal questions concerning this 

action, contact Robert Frenzel, Office of 

the Chief Counsel, Operations Law 

Branch, (AGC–220), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email 

robert.frenzel@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Before publication of this direct final 

rule on January 11, 2012 (77 FR 1629), 

Title 14, Code of Federal Regulations 

(14 CFR) limited certain operators to a 

takeoff minimum visibility of 1 mile, 

and a landing minimum visibility of 1⁄2

mile when conducting IFR operations at 

foreign and military airports, even when 

the operator has demonstrated the 

ability to safely conduct operations in 

lower visibility. The FAA has 

determined since many part 135 

operators have met the requirement 

necessary to conduct lower than 

standard IFR operations authorized by 

OpSpec C079, it would amend the 

requirement to allow for lower than 

standard IFR operations at military and 

foreign airports only for those part 135 

operators authorized through that 

OpSpec. 

Discussion of Comments 

The FAA received comments from 

two individual commenters. Both 

commenters supported the rule change. 

The commenters generally stated that 

the rule change permitted those 

operators that obtain authority to 

conduct lower than standard visibility 

operations at U.S. airports to exercise 

the same authority at foreign and 

military airports. 

Conclusion 

After consideration of the comments 

submitted in response to the direct final 

rule, the FAA has determined that no 

further rulemaking action is necessary. 

The rule will take effect on February 27, 

2012. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http:// 

www.fdsys.gov. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 


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