Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57773

6. Unfunded Mandates Reform Act

This rule does not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector. A

statement containing the information

required by the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.) is not

required.

7. Takings (E.O. 12630)

In accordance with Executive Order

12630, this proposed rule does not have

significant takings implications. This

rule does not impose conditions or

limitations on the use of any private

property; consequently, a takings

implication assessment is not required.

8. Federalism (E.O. 13132)

In accordance with Executive Order

13132, this proposed rule does not have

Federalism implications. This rule does

not substantially or directly affect the

relationship between the Federal and

State governments or impose costs on

States or localities.

9. Civil Justice Reform (E.O. 12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

10. Paperwork Reduction Act of 1995

This proposed rule does not contain

an information collection, as defined by

the Paperwork Reduction Act, and the

submission of Office of Management

and Budget Form 83–I is not required.

11. National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 is not

required.

List of Subjects

Continental shelf, Government

contracts, Mineral royalties, Natural gas,

Petroleum, Public lands—mineral

resources.

Dated: September 18, 2000.

Sylvia V. Baca,

Assistant Secretary—Land and Minerals

Management.

For reasons set forth in the preamble,

MMS proposes to amend 30 CFR part

208 as follows:

PART 208—SALE OF FEDERAL

ROYALTY OIL

1. The authority citation for part 208

continues to read as follows:

Authority: 5 U.S.C. 301 et seq.; 30 U.S.C.

181 et seq., 351 et seq., 1701 et seq.; 31 U.S.C.

9701; 41 U.S.C. 601 et seq.; 43 U.S.C. 1301

et seq., 1331 et seq., and 1801 et seq.

2. In § 208.4, remove paragraph (b)(4).

[FR Doc. 00–24594 Filed 9–25–00; 8:45 am]

BILLING CODE 4310–MR–P

MORRIS K. UDALL SCHOLARSHIP

AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY

FOUNDATION

36 CFR Part 1600

RIN 3320–AA02, 3320–AA00

Public Availability of Information and

the Privacy Act; Implementation

AGENCY: Morris K. Udall Scholarship

and Excellence in National

Environmental Policy Foundation.

ACTION: Proposed rule.

SUMMARY: This document sets forth the

proposed implementation regulations of

the Morris K. Udall Scholarship and

Excellence in National Environmental

Policy Foundation (the Foundation)

under the Freedom of Information Act

(FOIA) and Privacy Act.

DATES: Submit comments on or before

October 26, 2000.

ADDRESSES: Address all comments

concerning this proposed rule to

General Counsel, Morris K. Udall

Foundation, 110 South Church Avenue,

Suite 3350, Tucson, Arizona 85701–

1650.

FOR FURTHER INFORMATION CONTACT:

Ellen K. Wheeler, General Counsel, at

(520) 670–5299.

SUPPLEMENTARY INFORMATION: These

proposed regulations implement the

Freedom of Information Act (FOIA), 5

U.S.C. 552, as amended by the

Electronic Freedom of Information Act

Amendments of 1996 (Pub. L. 104–231),

and the Privacy Act of 1974, 5 U.S.C.

552a. They apply to all Foundation

programs, including the U.S. Institute

for Environmental Conflict Resolution

(USIECR). The Foundation proposes the

following set of regulations to discharge

its responsibilities under the FOIA and

Privacy Act. The FOIA establishes:

Basic procedures for public access to

agency records and guidelines for

waiver or reduction of fees the agency

would otherwise assess for the response

to the records request; categories of

records that are exempt for various

reasons from public disclosure; and

basic requirements for federal agencies

regarding their processing of and

response to requests for agency records.

The Privacy Act establishes: Basic

procedures for individuals’ access to all

records in systems of records

maintained by the Foundation that are

retrieved by an individual’s name or

personal identifier. These proposed

rules describe the procedures by which

individuals may request access to

records about themselves, request

amendment or correction of those

records, and request an accounting of

disclosures of those records by the

Foundation. The Foundation invites

comments from interested groups and

members of the public on these

proposed regulations.

Regulatory Flexibility Act

The Foundation, in accordance with

the Regulatory Flexibility Act (5 U.S.C.

606(b)), has reviewed this regulation

and by approving it certifies that this

regulation will not have a significant

economic impact on a substantial

number of small entities. Under the

Freedom of Information Act, agencies

may recover only the direct costs of

searching for, reviewing, and

duplicating the records processed for

requesters. Thus, fees assessed by the

Foundation will be nominal. Further,

the ‘‘small entities’’ that make FOIA

requests, as compared with individual

requesters and other requesters, are

relatively few in number.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

List of Subjects in 36 CFR Part 1600

Administrative practice and

procedure, Freedom of information,

Privacy.

For the reasons set forth in the

preamble, the Morris K. Udall

Foundation proposes to amend Title 36

CFR by adding a new Chapter XVI

consisting of Part 1600 to read as

follows:

57774 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

CHAPTER XVI—MORRIS K. UDALL

SCHOLARSHIP AND EXCELLENCE IN

NATIONAL ENVIRONMENTAL POLICY

FOUNDATION

PART 1600—PUBLIC AVAILABILITY

OF DOCUMENTS AND RECORDS

Subpart A—Procedures for Disclosure of

Records Under the Freedom of Information

Act

Sec.

1600.1 General provisions.

1600.2 Public reading room.

1600.3 Requests for records.

1600.4 Timing of responses to requests.

1600.5 Responses to requests.

1600.6 Disclosure of requested records.

1600.7 Special procedures for confidential

information.

1600.8 Appeals.

1600.9 Preservation of records.

1600.10 Fees.

Subpart B—Protection of Privacy and

Access to Individual Records Under the

Privacy Act of 1974

1600.21 General provisions.

1600.22 Requests for access to records.

1600.23 Responsibility for responding to

requests for access to records.

1600.24 Responses to requests for access to

records.

1600.25 Appeals from denials of requests

for access to records.

1600.26 Requests for amendment or

correction of records.

1600.27 Requests for accountings of record

disclosures.

1600.28 Preservation of records.

1600.29 Fees.

1600.30 Notice of court-ordered and

emergency disclosures.

Authority: 5 U.S.C. 552, 552a, 553; 20

U.S.C. 5608(a)(3). Subpart A is also issued

under 5 U.S.C. 571–574.

Subpart A—Procedures for Disclosure

of Records Under the Freedom of

Information Act

§ 1600.1 General provisions.

(a) This subpart contains the rules

that the Morris K. Udall Scholarship

and Excellence in National

Environmental Policy Foundation (the

Foundation) follows in processing

requests for records under the Freedom

of Information Act (FOIA), 5 U.S.C. 552.

These rules should be read together

with the FOIA, which provides

additional information about access to

records. Requests made by individuals

for records about themselves under the

Privacy Act of 1974, 5 U.S.C. 552a,

which are processed under subpart B of

this part, are processed under this

subpart also. Information routinely

provided to the public as part of a

regular Foundation activity (for

example, press releases, annual reports,

informational brochures and the like)

may be provided to the public without

following this subpart. As a matter of

policy, the Foundation makes

discretionary disclosures of records or

information exempt from disclosure

under the FOIA whenever disclosure

would not foreseeably harm an interest

protected by a FOIA exemption, but this

policy does not create any right

enforceable in court.

(b) This subpart applies to all

Foundation programs, including the

U.S. Institute for Environmental Conflict

Resolution (USIECR).

§ 1600.2 Public reading room.

(a) The Foundation maintains a public

reading room that contains the records

that the FOIA requires to be made

regularly available for public inspection

and copying. An index of reading room

records shall be available for inspection

and copying and shall be updated at

least quarterly.

(b) The public reading room is located

at the offices of the Foundation, 110 S.

Church Avenue, Suite 3350, Tucson,

Arizona.

(c) The Foundation also makes

reading room records created on or after

November 1, 1996, available

electronically, if possible, at the

Foundation’s web site (which can be

found at www.udall.gov). This includes

the index of the reading room records,

which will indicate which records are

available electronically.

§ 1600.3 Requests for records.

(a) How made and addressed. You

may make a request for records of the

Foundation by writing to the General

Counsel, Morris K. Udall Foundation,

110 South Church Avenue, Suite 3350,

Tucson, Arizona 85701–1650. If you are

making a request for records about

yourself, see § 1600.21 for additional

requirements. If you are making a

request for records about another

individual, either a written

authorization signed by that individual

permitting disclosure of those records to

you or proof that that individual is

deceased (for example, a copy of a death

certificate or an obituary) will help the

processing of your request. For the

quickest possible handling, you should

mark both your request letter and the

envelope ‘‘Freedom of Information Act

Request.’’

(b) Description of records sought. You

must describe the records that you seek

in enough detail to enable Foundation

personnel to locate them with a

reasonable amount of effort. Whenever

possible, your request should include

specific information about each record

sought, such as the date, title or name,

author, recipient, and subject matter of

the record. If the Foundation determines

that your request does not reasonably

describe records, it will tell you either

what additional information is needed

or why your request is otherwise

insufficient. If your request does not

reasonably describe the records you

seek, the response to your request may

be delayed.

(c) Types of records not available. The

FOIA does not require the Foundation

to:

(1) Compile or create records solely

for the purpose of satisfying a request

for records;

(2) Provide records not yet in

existence, even if such records may be

expected to come into existence at some

future time; or

(3) Restore records destroyed or

otherwise disposed of, except that the

Foundation must notify the requester

that the requested records have been

destroyed or disposed of.

(d) Agreement to pay fees. If you make

a FOIA request, your request shall be

considered an agreement by you to pay

all applicable fees charged under

§ 1600.10, up to $25.00, unless you seek

a waiver of fees. The Foundation

ordinarily will confirm this agreement

in an acknowledgment letter. When

making a request, you may specify a

willingness to pay a greater or lesser

amount.

§ 1600.4 Timing of responses to requests.

(a) In general. The Foundation

ordinarily shall respond to requests

according to their order of receipt.

(b) Multitrack processing. (1) The

Foundation may use two or more

processing tracks by distinguishing

between simple and more complex

requests based on the amount of work

and/or time needed to process the

request. The anticipated number of

pages involved may be considered by

the Foundation in establishing

processing tracks. If the Foundation sets

a page limit for its faster track, it will

advise those whose request is placed in

its slower track(s) of the page limits of

its faster track(s).

(2) If the Foundation uses multitrack

processing, it may provide requesters in

its slower track(s) with an opportunity

to limit the scope of their requests in

order to qualify for faster processing

within the specified limits of its faster

track(s).

(c) Unusual circumstances.

(1) Where the statutory time limits for

processing a request cannot be met

because of ‘‘unusual circumstances,’’ as

defined in the FOIA, and the

Foundation decides to extend the time

limits on that basis, the Foundation

shall as soon as practicable notify the

requester in writing of the unusual

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57775

circumstances and of the date by which

processing of the request can be

expected to be completed. Where the

extension is for more than 10 working

days, the Foundation shall provide the

requester with an opportunity either to

modify the request so that it may be

processed within the time limits or to

arrange an alternative time period for

processing the request or a modified

request.

(2) Where the Foundation reasonably

believes that multiple requests

submitted by a requester, or by a group

of requesters acting in concert,

constitute a single request that would

otherwise involve unusual

circumstances, and the requests involve

clearly related matters, they may be

aggregated. Multiple requests involving

unrelated matters will not be aggregated.

(d) Expedited processing.

(1) Requests and appeals will be taken

out of order and given expedited

treatment whenever it is determined

that they involve:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual; or

(ii) An urgency to inform the public

about an actual or alleged federal

government activity, if made by a

person primarily engaged in

disseminating information;

(2) You may ask for expedited

processing of a request for records at

any time.

(3) In order to request expedited

processing, you must submit a

statement, certified to be true and

correct to the best of your knowledge

and belief, explaining in detail the basis

for requesting expedited processing. For

example, if you are a requester within

the category in paragraph (d)(1)(ii) of

this section, and you are not a full-time

member of the news media, you must

establish that you are a person whose

main professional activity or occupation

is information dissemination, though it

need not be your sole occupation; you

also must establish a particular urgency

to inform the public about the

government activity involved in the

request, beyond the public’s right to

know about government activity

generally. The formality of certification

may be waived as a matter of

administrative discretion.

(4) Within 10 calendar days of receipt

of a request for expedited processing,

the Foundation will decide whether to

grant it and will notify you of the

decision. If a request for expedited

treatment is granted, the request will be

given priority and processed as soon as

practicable. If a request for expedited

processing is denied, any appeal of that

decision will be acted on expeditiously.

§ 1600.5 Responses to requests.

(a) Acknowledgments of requests. On

receipt of your request, the Foundation

ordinarily will send an acknowledgment

letter to you, which will confirm your

agreement to pay fees under § 1600.3(d)

and provide an assigned request number

for further reference.

(b) Referral to another agency. When

a requester seeks records that originated

in another Federal government agency,

the Foundation will refer the request to

the other agency for response. If the

Foundation refers the request to another

agency, it will notify the requester of the

referral. A request for any records

classified by some other agency will be

referred to that agency for response.

(c) Grants of requests. Ordinarily, the

Foundation will have 20 business days

from when your request is received to

determine whether to grant or deny your

request. Once the Foundation

determines to grant a request in whole

or in part, it will notify you in writing.

The Foundation will inform you in the

notice of any fee charged under

§ 1600.10 and will disclose records to

you promptly on payment of any

applicable fee. Records disclosed in part

will be marked or annotated to show the

amount of information deleted, unless

doing so would harm an interest

protected by an applicable exemption.

The location of the information deleted

also will be indicated on the record, if

technically feasible.

(d) Adverse determinations of

requests. If the Foundation denies your

request in any respect, it will notify you

of that determination in writing.

Adverse determinations, or denials of

requests, consist of: a determination to

withhold any requested record in whole

or in part; a determination that a

requested record does not exist or

cannot be located; a determination that

a record is not readily reproducible in

the form or format sought; a

determination that what has been

requested is not a record subject to the

FOIA; a determination on any disputed

fee matter, including a denial of a

request for a fee waiver; and a denial of

a request for expedited treatment. The

denial letter shall be signed by the

General Counsel or his/her designee,

and shall include:

(1) The name and title or position of

the person responsible for the denial;

(2) A brief statement of the reason(s)

for the denial, including any FOIA

exemption applied by the component in

denying the request;

(3) An estimate of the volume of

records or information withheld, in

number of pages or in some other

reasonable form of estimation. This

estimate does not need to be provided

if the volume is otherwise indicated

through deletions on records disclosed

in part, or if providing an estimate

would harm an interest protected by an

applicable exemption; and

(4) A statement that the denial may be

appealed under § 1600.8(a) and a

description of the requirements for

appeal.

§ 1600.6 Disclosure of requested records.

(a) The Foundation shall make

requested records available to the public

to the greatest extent possible in keeping

with the FOIA, except that the following

records are exempt from the disclosure

requirements:

(1) Records specifically authorized

under criteria established by an

Executive order to be kept secret in the

interest of national defense or foreign

policy and which are, in fact, properly

classified pursuant to such Executive

order;

(2) Records related solely to the

internal personnel rules and practices of

the Foundation;

(3) Records specifically exempted

from disclosure by statute (other than 5

U.S.C. 552(b)), provided that such

statute requires that the matters be

withheld from the public in such a

manner as to leave no discretion on the

issue or that the statute establishes

particular criteria for withholding

information or refers to particular types

of matters to be withheld. An example

that applies to the Foundation is the

confidentiality protection for dispute

resolution communications provided by

the Administrative Dispute Resolution

Act of 1996 (ADRA, 5 U.S.C. 571–574).

(4) Records containing trade secrets

and commercial or financial information

obtained from a person and privileged

or confidential;

(5) Interagency or intra-agency

memoranda or letters which would not

be available by law to a party other than

an agency in litigation with the

Foundation;

(6) Personnel and medical files and

similar files the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy;

(7) Records or information compiled

for law enforcement purposes, but only

to the extent that the production of such

law enforcement records or information:

(i) Could reasonably be expected to

interfere with enforcement proceedings;

(ii) Would deprive a person of a right

to a fair trial or an impartial

adjudication;

57776 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy;

(iv) Could reasonably be expected to

disclose the identity of a confidential

source, including a State, local or

foreign agency or authority or any

private institution which furnished

information on a confidential basis, and

in the case of a recorded or information

compiled by criminal law enforcement

authority in the course of a criminal

investigation or by an agency

conducting a lawful national security

intelligence investigation, information

furnished by a confidential source;

(v) Would disclose techniques and

procedures for law enforcement

investigations or prosecutions, or would

disclose guidelines for law enforcement

investigations or prosecutions if such

disclosure could reasonably be expected

to risk circumvention of the law; or

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual.

(8) Records contained in or related to

examination, operating, or condition

reports prepared by, or on behalf of, or

for the use of an agency responsible for

the regulation or supervision of

financial institutions;

(9) Geological or geophysical

information and data, including maps,

concerning wells.

(b) If a requested record contains

exempted material along with

nonexempted material, all reasonable

segregable nonexempt material shall be

disclosed.

(c) Even if an exemption described in

paragraph (a) of this section may be

reasonably applicable to a requested

record, or portion thereof, the

Foundation may elect under the

circumstances of any particular request

not to apply the exemption to such

requested record, or portion thereof,

subject to the provisions in § 1600.7 for

confidential commercial information.

The fact that the exemption is not

applied by the Foundation to any

requested record, or portion thereof, has

no precedential significance as to the

application or non-application of the

exemption to any other requested

record, or portion thereof, no matter

when the request is received.

§ 1600.7 Special procedures for

confidential commercial information.

(a) Definitions. For purposes of this

section:

(1) Business submitter means any

person or entity which provides

confidential commercial information,

directly or indirectly, to the Foundation

and who has a proprietary interest in

the information.

(2) Commercial-use requester means

requesters seeking information for a use

or purpose that furthers the commercial,

trade, or profit interests of the requester

or the person on whose behalf the

request is made. In determining whether

a requester properly belongs in this

category, the Foundation shall

determine, whenever reasonably

possible, the use to which a requester

will put the documents requested.

Where the Foundation has reasonable

cause to doubt the use to which a

requester will put the records sought, or

where that use is not clear from the

request itself, the Foundation shall seek

additional clarification before assigning

the request to a specific category.

(3) Confidential commercial

information means records provided to

the government by a submitter that

arguably contain material exempt from

disclosure under Exemption 4 of the

FOIA, because disclosure could

reasonably be expected to cause

substantial competitive harm.

(b) In general. Confidential

commercial information provided to the

Foundation by a business submitter

shall not be disclosed pursuant to an

FOIA request except in accordance with

this section.

(c) Designation of business

information. Business submitters should

use good-faith efforts to designate, by

appropriate markings, either at the time

of submission or at a reasonable time

thereafter, those portions of their

submissions which they deem to be

protected under Exemption 4 of the

FOIA, 5 U.S.C. 552(b)(4). Any such

designation will expire 10 years after

the records were submitted to the

government, unless the submitter

requests, and provides reasonable

justification for, a designation period of

longer duration.

(d) Predisclosure notification. (1)

Except as is provided for in paragraph

(i) of this section, the Foundation shall,

to the extent permitted by law, provide

a submitter with prompt written notice

of an FOIA request or administrative

appeal encompassing its confidential

business information whenever required

under paragraph (e) of this section. Such

notice shall either describe the exact

nature of the business information

requested or provide copies of the

records or portions thereof containing

the business information.

(2) Whenever the Foundation

provides a business submitter with the

notice set forth in paragraph (e)(1) of

this section, the Foundation shall notify

the requester that the request includes

information that may arguably be

exempt from disclosure under

Exemption 4 of the FOIA and that the

person or entity who submitted the

information to the Foundation has been

given the opportunity to comment on

the proposed disclosure of information.

(e) When notice is required. The

Foundation shall provide a business

submitter with notice of a request

whenever—

(1) The business submitter has in

good faith designated the information as

business information deemed protected

from disclosure under 5 U.S.C.

552(b)(4); or

(2) The Foundation has reason to

believe that the request seeks business

information the disclosure of which

may result in substantial commercial or

financial injury to the business

submitter.

(f) Opportunity to object to disclosure.

Through the notice described in

paragraph (d) of this section, the

Foundation shall, to the extent

permitted by law, afford a business

submitter at least 10 working days

within which it can provide the

Foundation with a detailed written

statement of any objection to disclosure.

Such statement shall demonstrate why

the information is contended to be a

trade secret or commercial or financial

information that is privileged or

confidential and why disclosure would

cause competitive harm. Whenever

possible, the business submitter’s claim

of confidentiality should be supported

by a statement or certification by an

officer or authorized representative of

the business submitter. Information

provided by a submitter pursuant to this

paragraph may itself be subject to

disclosure under the FOIA.

(g) Notice of intent to disclose.

(1) The Foundation shall consider

carefully a business submitter’s

objections and specific grounds for

nondisclosure prior to determining

whether to disclose confidential

commercial business information.

Whenever the Foundation decides to

disclose such information over the

objection of a business submitter, the

Foundation shall forward to the

business submitter a written notice at

least 10 working days before the date of

disclosure containing—

(i) A statement of the reasons for

which the business submitter’s

disclosure objections were not

sustained,

(ii) A description of the confidential

commercial information to be disclosed,

and

(iii) A specified disclosure date.

(2) Such notice of intent to disclose

likewise shall be forwarded to the

requester at least 10 working days prior

to the specified disclosure date.

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57777

(h) Notice of FOIA lawsuit. Whenever

a requester brings suit seeking to compel

disclosure of confidential commercial

information, the Foundation shall

promptly notify the business submitter

of such action.

(i) Exceptions to predisclosure

notification. The requirements of this

section shall not apply if—

(1) The Foundation determines that

the information should not be disclosed;

(2) The information lawfully has been

published or has been officially made

available to the public;

(3) Disclosure of the information is

required by law (other than 5 U.S.C.

552); or

(4) The designation made by the

submitter in accordance with paragraph

(c) of this section appears obviously

frivolous; except that, in such a case, the

Foundation will provide the submitter

with written notice of any final decision

to disclose confidential commercial

information within a reasonable number

of days prior to a specified disclosure

date.

§ 1600.8 Appeals.

(a) Appeals of adverse

determinations. If you are dissatisfied

with the Foundation’s response to your

request, you may appeal an adverse

determination denying your request, in

any respect, to the Executive Director of

the Foundation, 110 S. Church Avenue,

Suite 3350, Tucson, AZ 85701–1650.

You must make your appeal in writing,

and it must be received by the Executive

Director within 60 days of the date of

the letter denying your request. Your

appeal letter may include as much or as

little related information as you wish, as

long as it clearly identifies the

determination (including the assigned

request number, if known) that you are

appealing. For the quickest possible

handling, you should mark your appeal

letter and the envelope ‘‘Freedom of

Information Act Appeal.’’

(b) Responses to appeals. The

decision on your appeal will be made in

writing. A decision affirming an adverse

determination in whole or in part shall

contain a statement of the reason(s) for

the affirmance, including any FOIA

exemption(s) applied, and will inform

you of the FOIA provisions for court

review of the decision. If the adverse

determination is reversed or modified

on appeal, in whole or in part, you will

be notified in a written decision and

your request will be reprocessed in

accordance with that appeal decision.

(c) When appeal is required. If you

wish to seek review by a court of any

adverse determination, you must first

appeal it under this section.

§ 1600.9 Preservation of records.

The Foundation will preserve all

correspondence pertaining to the

requests that it receives under this

subpart, as well as copies of all

requested records, until disposition or

destruction is authorized by title 44 of

the United States Code or the National

Archives and Records Administration’s

General Records Schedule 14. Records

will not be disposed of while they are

the subject of a pending request, appeal,

or lawsuit under the FOIA.

§ 1600.10 Fees.

(a) In general. The Foundation will

charge you for processing requests

under the FOIA in accordance with

paragraph (c) of this section, except

where fees are limited under paragraph

(d) of this section or where a waiver or

reduction of fees is granted under

paragraph (i) of this section. The

Foundation ordinarily will collect all

applicable fees before sending copies of

requested records to you. You must pay

fees by check or money order made

payable to the United States Treasury.

(b) Definitions. For purposes of this

section:

(1) Commercial use request means a

request from or on behalf of a person

seeking information for a use or purpose

that furthers his or her commercial,

trade, or profit interests, which can

include furthering those interests

through litigation. If the Foundation

determines that you will put the records

to a commercial use, either because of

the nature of your request itself or

because the Foundation has reasonable

cause to doubt your stated use, the

Foundation will provide you a

reasonable opportunity to submit

further clarification.

(2) Direct costs means those expenses

that the Foundation actually incurs in

searching for and duplicating (and, in

the case of commercial use requests,

reviewing) records to respond to a FOIA

request. Direct costs include, for

example, the salary of the employee

performing the work and the cost of

operating duplication machinery.

(3) Duplication means the process of

making a copy of a record, or the

information contained in it, available in

response to a FOIA request. Copies can

take the form of paper, microfilm,

audiovisual materials, or electronic

records (for example, magnetic tape or

disk), among others. The Foundation

will honor your specified preference of

form or format of disclosure if the

record is readily reproducible with

reasonable efforts in the requested form

or format.

(4) Educational institution means a

preschool, a public or private

elementary or secondary school, an

institution of undergraduate or graduate

higher education, an institution of

professional education, and an

institution of vocational education,

which operates a program or programs

of scholarly research.

(5) Noncommercial scientific

institution means an institution that is

not operated on a ‘‘commercial’’ basis,

as that term is defined in paragraph

(b)(1) of this section, and that is

operated solely for the purpose of

conducting scientific research, the

results of which are not intended to

promote any particular product or

industry. To be in this category, a

requester must show that the request is

authorized by and is made under the

auspices of a qualifying institution and

that the records are not sought for a

commercial use but are sought to further

scientific research.

(6) Representative of the news media,

or news media requester, means any

person actively gathering news for an

entity that is organized and operated to

publish or broadcast news to the public.

The term news means information that

is about current events or that would be

of current interest to the public.

Examples of news media entities

include television or radio stations

broadcasting to the public at large and

publishers of periodicals (but only in

those instances where they can qualify

as disseminators of news) who make

their products available for purchase or

subscription by the general public. For

freelance journalists to be regarded as

working for a news organization, they

must demonstrate a solid basis for

expecting publication through that

organization. A publication contract

would be the clearest proof, but the

Foundation shall also look to the past

publication record of a requester in

making this determination. To be in this

category, a requester must not be

seeking the requested records for a

commercial use. However, a request for

records supporting the newsdissemination function of the requester

shall not be considered to be for a

commercial use.

(7) Review means the examination of

a record located in response to a request

in order to determine whether any

portion of it is exempt from disclosure.

It also includes processing any record

for disclosure—for example, doing all

that is necessary to redact it and prepare

it for disclosure. Review costs are

recoverable even if a record ultimately

is not disclosed. Review time does not

include time spent resolving general

legal or policy issues regarding the

application of exemptions.

57778 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

(8) Search means the process of

looking for and retrieving records or

information responsive to a request. It

includes page-by-page or line-by-line

identification of information within

records and also includes reasonable

efforts to locate and retrieve information

from records maintained in electronic

form or format.

(c) Fees. In responding to FOIA

requests, the Foundation will charge the

following fees unless a waiver or

reduction of fees has been granted under

paragraph (i) of this section:

(1) Search. Search fees will be

charged for all requests, except for those

by educational institutions,

noncommercial scientific institutions,

or representatives of the news media

(subject to the limitations of paragraph

(d) of this section). Charges may be

made for time spent searching even if no

responsive record is located or if the

record(s) are withheld as entirely

exempt from disclosure.

(2) Duplication. Duplication fees will

be charged for all requests, subject to the

limitations of paragraph (d) of this

section. For a paper photocopy of a

record, the fee will be ten cents per

page. For other forms of duplication

(including copies produced by

computer, such as tapes or printouts),

the Foundation will charge the direct

costs, including operator time, of

producing the copy.

(3) Review. Review fees will be

charged only for commercial use

requests. Review fees will be charged

only for the initial record review—in

other words, the review done when the

Foundation determines whether an

exemption applies to a particular record

or record portion at the initial request

level. No charge will be made for review

at the administrative appeal level for an

exemption already applied. However,

records or record portions withheld

under an exemption that is

subsequently determined not to apply

may be reviewed again to determine

whether any other exemption not

previously considered applies; the costs

of that review are chargeable where it is

made necessary by such a change of

circumstances.

(4) Searches and reviews—amounts of

fees. 

(i) For each quarter hour spent in

searching for and/or reviewing a

requested record, the fees will be: $4.00

for clerical personnel; $7.00 for

professional personnel; and $10.25 for

managerial personnel.

(ii) For computer searches of records,

you will be charged the direct costs of

conducting the search, although certain

requesters (as provided in paragraph

(d)(1) of this section) will be charged no

search fee and certain other requesters

(as provided in paragraph (d)(4) of this

section) will be entitled to the cost

equivalent of two hours of manual

search time without charge. These direct

costs will include the cost of operating

a central processing unit for that portion

of operating time that is directly

attributable to searching for responsive

records, as well as the costs of operator/

programmer salary apportionable to the

search.

(d) Limitations on charging fees. 

(1) No search fee will be charged for

requests by educational institutions,

noncommercial scientific institutions,

or representatives of the news media.

(2) Review fees will be charged only

for commercial use requests.

(3) No search fee or review fee will be

charged for a quarter-hour period unless

more than half of that period is required

for search or review.

(4) Except for commercial use

requests, the Foundation will provide

the first 100 pages of duplication and

the first two hours of search time to

requesters without charge. These

provisions work together, so that the

Foundation will not begin to assess fees

until after providing the free search and

reproduction. For example, if a request

involves three hours of search time and

duplication of 105 pages of documents,

the Foundation will charge only for the

cost of one hour of search time and five

pages of reproduction.

(5) Whenever a total fee calculated

under paragraph (d) of this section is

$14.00 or less for any request, no fee

will be charged.

(e) Notice of anticipated fees in excess

of $25.00. When the Foundation

determines or estimates that the fees

will be more than $25.00, it will notify

you of the actual or estimated amount

of the fees, unless you have indicated a

willingness to pay fees as high as those

anticipated. If only a portion of the fee

can be estimated readily, the

Foundation will advise you that the

estimated fee may be only a portion of

the total fee. In cases in which you have

been notified that actual or estimated

fees amount to more than $25.00, the

request will not be considered received

and further work will not be done on it

until you agree in writing to pay the

anticipated total fee. A notice under this

paragraph will offer you an opportunity

to discuss the matter with Foundation

personnel in order to reformulate the

request to meet your needs at a lower

cost.

(f) Charging interest. The Foundation

may charge interest on any unpaid bill

starting on the 31st day following the

date of billing. Interest charges will be

assessed at the rate provided in 31

U.S.C. 3717 and will accrue from the

date of the billing until payment is

received by the Foundation.

(g) Aggregating requests. Where the

Foundation reasonably believes that a

requester or a group of requesters acting

together is attempting to divide a

request into a series of requests for the

purpose of avoiding fees, it may

aggregate those requests and charge

accordingly. The Foundation may

presume that multiple requests of this

type made within a 30-day period have

been made in order to avoid fees. Where

requests are separated by a longer

period, they will be aggregated only if

there exists a solid basis for determining

that aggregation is warranted under all

the circumstances involved. Multiple

requests involving unrelated matters

will not be aggregated.

(h) Advance payments. 

(1) No advance payment (that is,

payment before work is begun on a

request) will ordinarily be required,

except as described in paragraphs (h)(2)

and (3) of this section. Payment owed

for work already completed (that is, a

prepayment before copies are sent to

you) is not considered an advance

payment.

(2) Where the Foundation determines

or estimates that a total fee to be charged

under this section will be more than

$250.00, it may require you to make an

advance payment of an amount up to

the amount of the entire anticipated fee

before beginning to process the request,

except where it receives satisfactory

assurance of full payment from you and

you have a history of prompt payment.

(3) If you have previously failed to

pay a properly charged FOIA fee within

30 days of the date of billing, the

Foundation may require you to pay the

full amount due, plus any applicable

interest, and to make an advance

payment of the full amount of any

anticipated fee, before it begins to

process a new request or continues to

process a pending request from you.

(4) In cases in which the Foundation

requires advance payment or payment

due under paragraph (h)(2) or (3) of this

section, the request shall not be

considered received and further work

will not be done on it until the required

payment is received.

(i) Requirements for waiver or

reduction of fees. 

(1) Records responsive to a request

will be furnished without charge or at

a charge reduced below that established

under paragraph (c) of this section

where the Foundation determines,

based on all available information, that

the requester has demonstrated that:

(i) Disclosure of the requested

information is in the public interest

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57779

because it is likely to contribute

significantly to public understanding of

the operations or activities of the

government, and

(ii) Disclosure of the information is

not primarily in the commercial interest

of the requester.

(2) Where only some of the records to

be released satisfy the requirements for

a waiver of fees, a waiver will be

granted for those records.

(3) If you request a waiver or

reduction of fees, your request should

address the factors listed in paragraph

(i)(1) of this section.

Subpart B—Protection of Privacy and

Access to Individual Records Under

the Privacy Act of 1974

§ 1600.21 General provisions.

(a) Purpose and scope. This subpart

contains the rules that the Morris K.

Udall Scholarship and Excellence in

National Environmental Policy

Foundation (the ‘‘Foundation’’) follows

under the Privacy Act of 1974, 5 U.S.C.

552a. These rules should be read

together with the Privacy Act, which

provides additional information about

records maintained on individuals. The

rules in this subpart apply to all records

in systems of records maintained by the

Foundation that are retrieved by an

individual’s name or personal identifier.

They describe the procedures by which

individuals may request access to

records about themselves, request

amendment or correction of those

records, and request an accounting of

disclosures of those records by the

Foundation. In addition, the Foundation

processes all Privacy Act requests for

access to records under the Freedom of

Information Act (FOIA), 5 U.S.C. 552,

following the rules contained in subpart

A of this part, which gives requests the

benefit of both statutes.

(b) Applicability. This subpart applies

to all Foundation programs, including

the U.S. Institute for Environmental

Conflict Resolution (USIECR).

(c) Definitions. As used in this

subpart:

(1) Request for access to a record

means a request made under Privacy

Act subsection (d)(1).

(2) Request for amendment or

correction of a record means a request

made under Privacy Act subsection

(d)(2).

(3) Request for an accounting means

a request made under Privacy Act

subsection (c)(3).

(4) Requester means an individual

who makes a request for access, a

request for amendment or correction, or

a request for an accounting under the

Privacy Act.

§ 1600.22 Requests for access to records.

(a) How made and addressed. You

may make a request for access to a

Foundation record about yourself by

appearing in person or by writing to the

Foundation. Your request should be

sent or delivered to the Foundation’s

General Counsel, at 110 S. Church

Avenue, Suite 3350, Tucson, AZ 85701–

1650. For the quickest possible

handling, you should mark both your

request letter and the envelope ‘‘Privacy

Act Request.’’

(b) Description of records sought. You

must describe the records that you want

in enough detail to enable Foundation

personnel to locate the system of

records containing them with a

reasonable amount of effort. Whenever

possible, your request should describe

the records sought, the time periods in

which you believe they were compiled,

and the name or identifying number of

each system of records in which you

believe they are kept. The Foundation

publishes notices in the Federal

Register that describe its systems of

records. A description of the

Foundation’s systems of records also

may be found as part of the ‘‘Privacy Act

Compilation’’ published by the National

Archives and Records Administration’s

Office of the Federal Register. This

compilation is available in most large

reference and university libraries. This

compilation also can be accessed

electronically at the Government

Printing Office’s World Wide Web site

(which can be found at http://

www.access.gpo.gov/su_docs).

(c) Agreement to pay fees. If you make

a Privacy Act request for access to

records, it shall be considered an

agreement by you to pay all applicable

fees charged under § 1600.29 up to

$25.00. The Foundation ordinarily will

confirm this agreement in an

acknowledgment letter. When making a

request, you may specify a willingness

to pay a greater or lesser amount.

(d) Verification of identity. When you

make a request for access to records

about yourself, you must verify your

identity. You must state your full name,

current address, and date and place of

birth. You must sign your request and

your signature must either be notarized

or submitted by you under 28 U.S.C.

1746, a law that permits statements to

be made under penalty of perjury as a

substitute for notarization. In order to

help the identification and location of

requested records, you may also, at your

option, include your social security

number.

(e) Verification of guardianship.

When making a request as the parent or

guardian of a minor or as the guardian

of someone determined by a court to be

incompetent, for access to records about

that individual, you must establish:

(1) The identity of the individual who

is the subject of the record, by stating

the name, current address, date and

place of birth, and, at your option, the

social security number of the

individual;

(2) Your own identity, as required in

paragraph (d) of this section;

(3) That you are the parent or

guardian of that individual, which you

may prove by providing a copy of the

individual’s birth certificate showing

your parentage or by providing a court

order establishing your guardianship;

and

(4) That you are acting on behalf of

that individual in making the request.

§ 1600.23 Responsibility for responding to

requests for access to records.

(a) In general. In determining which

records are responsive to a request, the

Foundation ordinarily will include only

those records in its possession as of the

date the Foundation begins its search for

them. If any other date is used, the

Foundation will inform the requester of

that date.

(b) Authority to grant or deny

requests. The Foundation’s General

Counsel, or his/her designee, is

authorized to grant or deny any request

for access to a record of the Foundation.

(c) Consultations and referrals. When

the Foundation receives a request for

access to a record in its possession, it

will determine whether another agency

of the Federal Government is better able

to determine whether the record is

exempt from access under the Privacy

Act. If the Foundation determines that

it is best able to process the record in

response to the request, then it will do

so. If the Foundation determines that it

is not best able to process the record,

then it will either:

(1) Respond to the request regarding

that record, after consulting with the

agency best able to determine whether

the record is exempt from access and

with any other agency that has a

substantial interest in it; or

(2) Refer the responsibility for

responding to the request regarding that

record to another agency that originated

the record (but only if that agency is

subject to the Privacy Act). Ordinarily,

the agency that originated a record will

be presumed to be best able to

determine whether it is exempt from

access.

(d) Notice of referral. Whenever the

Foundation refers all or any part of the

responsibility for responding to your

request to another agency, it ordinarily

will notify you of the referral and

inform you of the name of each agency

57780 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules

to which the request has been referred

and of the part of the request that has

been referred.

(e) Timing of responses to

consultations and referrals. All

consultations and referrals shall be

handled according to the date the

Privacy Act access request was initially

received by the Foundation, not any

later date.

§ 1600.24 Responses to requests for

access to records.

(a) Acknowledgments of requests. On

receipt of your request, the Foundation

ordinarily will send an acknowledgment

letter, which shall confirm your

agreement to pay fees under § 1600.22(c)

and may provide an assigned request

number for further reference.

(b) Grants of requests for access. Once

the Foundation makes a determination

to grant your request for access in whole

or in part, it will notify you in writing.

The Foundation will inform you in the

notice of any fee charged under

§ 1600.29 and will disclose records to

you promptly on payment of any

applicable fee. If your request is made

in person, the Foundation may disclose

records to you directly, in a manner not

unreasonably disruptive of its

operations, on payment of any

applicable fee and with a written record

made of the grant of the request. If you

are accompanied by another person

when you make a request in person, you

shall be required to authorize in writing

any discussion of the records in the

presence of the other person.

(c) Adverse determinations of requests

for access. If the Foundation makes an

adverse determination denying your

request for access in any respect, it will

notify you of that determination in

writing. Adverse determinations, or

denials of requests, consist of: a

determination to withhold any

requested record in whole or in part; a

determination that a requested record

does not exist or cannot be located; a

determination that what has been

requested is not a record subject to the

Privacy Act; a determination on any

disputed fee matter; and a denial of a

request for expedited treatment. The

notification letter shall be signed by the

General Counsel, or his/her designee,

and shall include:

(1) The name and title or position of

the person responsible for the denial;

(2) A brief statement of the reason(s)

for the denial, including any Privacy

Act exemption(s) applied by the

Foundation in denying the request; and

(3) A statement that the denial may be

appealed under § 1600.25(a) and a

description of the requirements of

§ 1600.25(a).

§ 1600.25 Appeals from denials of

requests for access to records.

(a) Appeals. If you are dissatisfied

with the Foundation’s response to your

request for access to records, you may

appeal an adverse determination

denying your request in any respect to

the Executive Director of the

Foundation, 110 S. Church Avenue,

Suite 3350, Tucson, AZ 85701–1650.

You must make your appeal in writing,

and it must be received within 60 days

of the date of the letter denying your

request. Your appeal letter may include

as much or as little related information

as you wish, as long as it clearly

identifies the determination (including

the assigned request number, if any) that

you are appealing. For the quickest

possible handling, you should mark

both your appeal letter and the envelope

‘‘Privacy Act Appeal.’’

(b) Responses to appeals. The

decision on your appeal will be made in

writing. A decision affirming an adverse

determination in whole or in part will

include a brief statement of the reason(s)

for the affirmance, including any

Privacy Act exemption applied, and will

inform you of the Privacy Act

provisions for court review of the

decision. If the adverse determination is

reversed or modified on appeal in whole

or in part, you will be notified in a

written decision and your request will

be reprocessed in accordance with that

appeal decision.

(c) When appeal is required. If you

wish to seek review by a court of any

adverse determination or denial of a

request, you must first appeal it under

this section.

§ 1600.26 Requests for amendment or

correction of records.

(a) How made and addressed. You

may make a request for amendment or

correction of a Foundation record about

yourself by following the procedures in

§ 1600.22. Your request should identify

each particular record in question, state

the amendment or correction that you

want, and state why you believe that the

record is not accurate, relevant, timely,

or complete. You may submit any

documentation that you think would be

helpful.

(b) Foundation responses. Within 10

working days of receiving your request

for amendment or correction of records,

the Foundation will send you a written

acknowledgment of its receipt of your

request, and it will promptly notify you

whether your request is granted or

denied. If the Foundation grants your

request in whole or in part, it will

describe the amendment or correction

made and advise you of your right to

obtain a copy of the corrected or

amended record. If the Foundation

denies your request in whole or in part,

it will send you a letter stating:

(1) The reason(s) for the denial; and

(2) The procedure for appeal of the

denial under paragraph (c) of this

section, including the name and

business address of the official who will

act on your appeal.

(c) Appeals. You may appeal a denial

of a request for amendment or

correction to the Executive Director in

the same manner as a denial of a request

for access to records (see § 1600.25), and

the same procedures will be followed. If

your appeal is denied, you will be

advised of your right to file a Statement

of Disagreement as described in

paragraph (d) of this section and of your

right under the Privacy Act for court

review of the decision.

(d) Statements of Disagreement. If

your appeal under this section is denied

in whole or in part, you have the right

to file a Statement of Disagreement that

states your reason(s) for disagreeing

with the Foundation’s denial of your

request for amendment or correction.

Statements of Disagreement must be

concise, must clearly identify each part

of any record that is disputed, and

should be no longer than one typed page

for each fact disputed. Your Statement

of Disagreement must be sent to the

Foundation, which will place it in the

system of records in which the disputed

record is maintained and will mark the

disputed record to indicate that a

Statement of Disagreement has been

filed and where in the system of records

it may be found.

(e) Notification of amendment/

correction or disagreement. Within 30

working days of the amendment or

correction of a record, the Foundation

shall notify all persons, organizations,

or agencies to which it previously

disclosed the record, if an accounting of

that disclosure was made, that the

record has been amended or corrected.

If an individual has filed a Statement of

Disagreement, the Foundation will

attach a copy of it to the disputed record

whenever the record is disclosed and

may also attach a concise statement of

its reason(s) for denying the request to

amend or correct the record.

§ 1600.27 Requests for an accounting of

record disclosures.

(a) How made and addressed. Except

where accountings of disclosures are not

required to be kept (as stated in

paragraph (b) of this section), you may

make a request for an accounting of any

disclosure that has been made by the

Foundation to another person,

organization, or agency of any record

about you. This accounting contains the

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Proposed Rules 57781

date, nature, and purpose of each

disclosure, as well as the name and

address of the person, organization, or

agency to which the disclosure was

made. Your request for an accounting

should identify each particular record in

question and should be made by writing

to the Foundation, following the

procedures in § 1600.22.

(b) Where accountings are not

required. The Foundation is not

required to provide accountings to you

where they relate to disclosures for

which accountings are not required to

be kept—in other words, disclosures

that are made to employees within the

agency and disclosures that are made

under the FOIA.

(c) Appeals. You may appeal a denial

of a request for an accounting to the

Foundation Executive Director in the

same manner as a denial of a request for

access to records (see § 1600.25) and the

same procedures will be followed.

§ 1600.28 Preservation of records.

The Foundation will preserve all

correspondence pertaining to the

requests that it receives under this

subpart, as well as copies of all

requested records, until disposition or

destruction is authorized by title 44 of

the United States Code or the National

Archives and Records Administration’s

General Records Schedule 14. Records

will not be disposed of while they are

the subject of a pending request, appeal,

or lawsuit under the Act.

§ 1600.29 Fees.

The Foundation will charge fees for

duplication of records under the Privacy

Act in the same way in which it charges

duplication fees under § 1600.10. No

search or review fee will be charged for

any record.

§ 1600.30 Notice of court-ordered and

emergency disclosures.

(a) Court-ordered disclosures. When a

record pertaining to an individual is

required to be disclosed by a court

order, the Foundation will make

reasonable efforts to provide notice of

this to the individual. Notice will be

given within a reasonable time after the

Foundation’s receipt of the order—

except that in a case in which the order

is not a matter of public record, the

notice will be given only after the order

becomes public. This notice will be

mailed to the individual’s last known

address and will contain a copy of the

order and a description of the

information disclosed.

(b) Emergency disclosures. Upon

disclosing a record pertaining to an

individual made under compelling

circumstances affecting health or safety,

the Foundation will notify that

individual of the disclosure. This notice

will be mailed to the individual’s last

known address and will state the nature

of the information disclosed; the person,

organization, or agency to which it was

disclosed; the date of disclosure; and

the compelling circumstances justifying

the disclosure.

Dated: September 20, 2000.

Christopher L. Helms,

Executive Director, Morris K. Udall

Scholarship and Excellence in National

Environmental Policy Foundation.

[FR Doc. 00–24528 Filed 9–25–00; 8:45 am]

BILLING CODE 6820–FN–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 148, 261, 268, 271 and

302

[FRL–6876–2]

RIN 2050–AE49

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste: Inorganic Chemical

Manufacturing Wastes; Land Disposal

Restrictions for Newly Identified

Wastes; and CERCLA Hazardous

Substance Designation and Reportable

Quantities; Proposed Rule; Technical

Correction

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; Technical

correction.

SUMMARY: The Environmental Protection

Agency (EPA) is correcting errors that

appeared in the September 14, 2000

proposed rule (65 FR 55684) that

announced the proposal to amend the

regulations for hazardous waste

management under the Resource

Conservation and Recovery Act (RCRA)

by listing as hazardous three wastes

generated from inorganic chemical

manufacturing processes. This

document creates no new regulatory

requirements. Rather, it corrects minor

editing and formatting errors associated

with the September 14, 2000 Federal

Register document.

DATES: The comment period for the

proposal (65 FR 55684, September 14,

2000) ends on November 13, 2000.

ADDRESSES: If you wish to comment on

the proposed rule (65 FR 55684), you

must send an original and two copies of

the comments referencing docket

number F–2000–ICMP–FFFFF to: RCRA

Information Center, Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters, 1200

Pennsylvania Avenue, NW, Washington,

D.C. 20460. Hand deliveries of

comments should be made to RCRA

Information Center, Crystal Gateway I,

First Floor, 1235 Jefferson Davis

Highway, Arlington, VA.

You also may submit comments

electronically by sending electronic

mail through the Internet to: rcradocket@epa.gov. You should identify

comments in electronic format with the

docket number F–2000–ICMP–FFFFF.

You must submit all electronic

comments as an ASCII (text) file,

avoiding the use of special characters

and any form of encryption.

Address requests for a hearing to Mr.

David Bussard at: Office of Solid Waste,

Hazardous Waste Identification Division

(5304W), U.S. Environmental Protection

Agency, 1200 Pennsylvania Avenue,

NW, Washington, D.C. 20460, (703)

308–8880.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA/

Superfund Hotline at (800) 424–9346 or

TDD (800) 553–7672 (hearing impaired).

In the Washington, D.C., metropolitan

area, call (703) 920–9810 or TDD (703)

412–3323. For specific aspects of the

rule or the technical corrections, contact

Ms. Gwen DiPietro, Office of Solid

Waste (5304W), U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue, NW, Washington, D.C., 20460.

[E-mail address and telephone number:

dipietro.gwen@epa.gov (703–308–

8285).]

SUPPLEMENTARY INFORMATION:

I. Reasons and Basis for Today’s Notice

The Agency in its review of the

September 14, 2000 proposed rule (65

FR 55684) identified formatting and

typographical errors in certain sections

of the preamble and regulations.

Today’s notice corrects these errors.

II. Public Comment Period

Today’s notice does not create any

new regulatory requirements; rather

EPA is publishing these corrections to

enable members of the public to

understand the notice of the proposed

rulemaking more quickly and easily.

EPA believes that the September 14,

2000 notice presented the substance of

the proposed rule, the rationale and the

supporting data clearly enough to allow

interested persons to understand all

aspects of the proposed rule and to

make comments. Consequently, EPA

finds that it is not necessary to extend

the comment period for the proposed

rule. The comment period will still

close on November 13, 2000.