18160 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 

Age of separated employee 

at birthday before death Multiplier 

49 .......................................... .3839 

50 .......................................... .4118 

51 .......................................... .4419 

52 .......................................... .4745 

53 .......................................... .5097 

54 .......................................... .5477 

55 .......................................... .5889 

56 .......................................... .6336 

57 .......................................... .6822 

58 .......................................... .7350 

59 .......................................... .7926 

60 .......................................... .8556 

61 .......................................... .9244 

With at least 20, but less than 30 years of 

creditable service— 

Age of separated employee 

at birthday before death Multiplier 

36 .......................................... .1810 

37 .......................................... .1943 

38 .......................................... .2086 

39 .......................................... .2236 

40 .......................................... .2398 

41 .......................................... .2570 

42 .......................................... .2754 

43 .......................................... .2953 

44 .......................................... .3166 

45 .......................................... .3394 

46 .......................................... .3638 

47 .......................................... .3899 

48 .......................................... .4182 

49 .......................................... .4485 

50 .......................................... .4812 

51 .......................................... .5164 

52 .......................................... .5545 

53 .......................................... .5955 

54 .......................................... .6400 

55 .......................................... .6881 

56 .......................................... .7404 

57 .......................................... .7972 

58 .......................................... .8590 

59 .......................................... .9264 

With at least 30 years of creditable 

service— 

Age of separated 

employee at 

birthday 

before death 

Multiplier by separated 

employee’s year of 

birth 

After 1966 

From 1950 

through 

1966 

46 .......................... .4561 .4910 

47 .......................... .4889 .5264 

48 .......................... .5244 .5646 

49 .......................... .5624 .6055 

50 .......................... .6035 .6497 

51 .......................... .6476 .6973 

52 .......................... .6954 .7487 

53 .......................... .7469 .8042 

54 .......................... .8027 .8643 

55 .......................... .8631 .9294 

56 .......................... .9287 1.0000 

[FR Doc. 2015–07747 Filed 4–2–15; 8:45 am] 

BILLING CODE 6325–38–P 

OFFICE OF GOVERNMENT ETHICS 

5 CFR Part 2600, 2601, 2604 

RIN 3209–AA40, 3209–AA41, 3209–AA39 

Organization and Functions; 

Implementation of Statutory Gift 

Acceptance Authority; Freedom of 

Information Act 

AGENCY: Office of Government Ethics 

(OGE). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Office of 

Government Ethics is updating and 

streamlining its organization and 

functions regulation and its statutory 

gift acceptance authority 

implementation. OGE is also updating 

and streamlining its Freedom of 

Information Act (FOIA) regulation to 

reflect OGE’s existing policy and 

practice and to implement changes to 

the FOIA. Finally, the proposed 

revisions make administrative changes 

and update cost figures for calculating 

and charging fees. 

DATES: Written comments are invited 

and must be received on or before June 

2, 2015. 

ADDRESSES: You may submit written 

comments to OGE on the proposed rule 

by any of the following methods: 

• Email: usoge@oge.gov. Include the 

appropriate Regulation Identifier 

Number in the subject line of the 

message. 

• Fax: (202) 482–9237. 

• Mail/Hand Delivery/Courier: U.S. 

Office of Government Ethics, Suite 500, 

1201 New York Avenue NW., 

Washington, DC 20005–3917, Attention: 

Jennifer Matis, Assistant Counsel. 

Instructions: All submissions must 

include OGE’s agency name and the 

appropriate Regulation Identifier 

Number. Use RIN 3209–AA40 to submit 

comments on the proposed changes to 5 

CFR part 2600; RIN 3209–AA41 to 

submit comments on the proposed 

changes to 5 CFR part 2600; and RIN 

3209–AA39 to submit comments on the 

proposed changes to 5 CFR part 2604. 

OGE will post all comments on its Web 

site (www.oge.gov). All comments 

received will be posted without change; 

OGE generally does not edit a 

commenter’s personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Matis, Assistant Counsel, 202– 

482–9216. 

SUPPLEMENTARY INFORMATION: 

A. Substantive Discussion 

The rule proposes revisions to 

standardize, update, and streamline the 

language of 5 CFR parts 2600, 2601, and 

2604. In addition, the proposed 

revisions to 5 CFR part 2600 remove 

out-of-date information regarding OGE’s 

organizational structure and instead 

refer individuals to its Web site for 

current information. Likewise, the 

proposed revisions to 5 CFR part 2601 

reflect changes to OGE’s organizational 

structure. 

The primary purpose of the proposed 

revisions to 5 CFR part 2604 is to reflect 

changes to the FOIA under the 

Openness Promotes Effectiveness in our 

National (OPEN) Government Act of 

2007, Public Law 110–175, and to 

incorporate principles established by 

the 2009 FOIA memorandum. OGE is 

committed to operating transparently 

and has been administratively adhering 

to the developments in FOIA law and to 

the President’s directive. Except as 

noted below, the proposed revisions 

reflect OGE’s existing policies and 

practices. 

The following is a subpart-by-subpart 

analysis of the proposed changes to 5 

CFR part 2604: 

Subpart A—General Provisions. The 

definition of ‘‘duplication’’ has been 

updated in accordance with changes in 

technology. The definition of 

‘‘representative of the news media’’ has 

been revised to incorporate amendments 

to the FOIA under the OPEN 

Government Act. Section 2604.104 has 

been added to inform FOIA requesters 

about OGE’s obligations regarding the 

preservation of records. Section 

2604.105 has been added to clarify that 

OGE’s FOIA regulation does not create 

an entitlement to additional rights or 

services beyond those conferred by the 

FOIA. 

Subpart B—FOIA Public Reading 

Room Facility and Web site; Index 

Indentifying Information for the Public. 

Section 2604.201(a)(2) was revised to 

reflect OGE’s existing practice of 

proactively identifying and posting on 

its Web site records of interest to the 

public, in accordance with the 

principles set forth by the 2009 FOIA 

memorandum. Section 2604.201(b)(5) 

was revised to parallel the language of 

the FOIA. After consideration, OGE 

decided not to revise § 2604.202(b), 

which contains a notice that the 

Director of OGE has determined that it 

is unnecessary and impracticable to 

publish and distribute a quarterly index 

of materials available under 5 U.S.C. 

552(a)(2). However, OGE will consider 

whether it would be feasible to publish 


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and update such an index on its Web 

site. 

Subpart C—Production and 

Disclosure of Records Under FOIA. 

Section 2604.301 was revised to remove 

the option of submitting a request in 

person or by telephone. This change 

promotes efficiency in the receipt and 

tracking of requests, particularly in light 

of the fact that OGE has received few, 

if any, requests in person or by 

telephone. Section 2604.304 was revised 

to clarify the requirements for 

submitting an appeal and to correctly 

reflect the official delegated authority by 

OGE’s Director to make a determination 

with respect to appeals. 

Several revisions were made to this 

subpart to incorporate changes to the 

FOIA under the OPEN Government Act. 

The new § 2604.302(a) was added to 

reflect OGE’s practice of acknowledging 

requests when the FOIA Officer 

determines that they will take longer 

than 10 working days to process. The 

redesignated § 2604.302(c) was revised 

to clarify OGE’s practice of referring 

requests only to agencies subject to the 

FOIA and providing requesters with a 

point of contact within the receiving 

agency. Section 2604.304(e) was added 

to reflect OGE’s practice of notifying 

requesters of the dispute resolution 

services of the Office of Government 

Information Services when a denial of a 

request for records is upheld in whole 

or in part on appeal. The new 

§ 2604.305(a)(2) was added to notify 

requesters regarding the tolling of time 

limits. The extension of time limits 

provision in § 2604.305(c) was revised 

to more closely parallel the current 

language of the FOIA, including a 

notification that OGE will make 

available its Public Liaison to assist in 

the resolution of disputes. 

Subpart D—Exemptions Under FOIA. 

Section 2604.401 was revised to reflect 

OGE’s existing policy regarding 

discretionary disclosures of exempt 

records, as well as to incorporate the 

principles set forth in the 2009 FOIA 

memorandum. Section 2604.402 was 

revised to give a submitter of business 

information a reasonable time, up to 10 

working days, to provide a written 

statement of objection to a disclosure, 

rather than restricting the submitter to 

five working days in all circumstances. 

Subpart E—Schedule of Fees. 

Proposed changes to OGE’s FOIA fee 

schedule are found at § 2604.501. 

Document search and review charges 

will increase slightly to $16 and $28 per 

hour for clerical and professional time, 

respectively. This increase is reasonable 

in light of the base salaries of OGE 

employees and is expected to have little 

impact on requesters. The duplication 

charge will remain the same at 15 cents 

per page. Section 2604.503(d) was 

added to incorporate an amendment to 

the FOIA under the OPEN Government 

Act, which limits an agency’s authority 

to assess certain fees if the agency fails 

to comply with statutory time limits, 

unless unusual or exceptional 

circumstances apply. 

Subpart F—Annual OGE FOIA 

Report. Section 2604.601 was revised to 

incorporate by reference the provisions 

of 5 U.S.C. 552(e) rather than provide a 

detailed description of the contents of 

OGE’s annual FOIA report. In light of 

the changes in annual FOIA reporting 

requirements made by the OPEN 

Government Act and the possibility of 

additional changes, this revision helps 

to ensure that the public is provided 

with updated information on OGE’s 

reporting obligations both now and in 

the future. 

Subpart G—Fees for the Reproduction 

and Mailing of Public Financial 

Disclosure Reports. Copies of public 

financial disclosure reports are 

requested and provided pursuant to 

section 105 of the Ethics in Government 

Act of 1978, as amended, and 

§ 2634.603 of this chapter, not pursuant 

to the FOIA. Section 2604.702 was 

revised to increase the duplication 

charge for the reproduction of public 

financial reports to 15 cents per page, 

the same charge assessed to FOIA 

requesters under § 2604.501(b)(2). The 

documents are also available 

electronically through OGE’s Web site at 

no charge. 

B. Statutory Authority 

OGE is proposing this rulemaking 

under the authority of 5 U.S.C. 301, 552 

(as amended), and 553 and 5 U.S.C. app 

105(b). 

C. Matters of Regulatory Procedure 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

In promulgating this rulemaking, OGE 

has adhered to the regulatory 

philosophy and the applicable 

principals of regulation set forth in 

Executive Orders 12866 and 13563. The 

proposed rule has not been reviewed by 

the Office of Management and Budget 

because it is not a significant regulatory 

action for the purposes of Executive 

Order 12866. 

Congressional Review Act 

The proposed rule is not a major rule 

as defined in 5 U.S.C. Chapter 8, 

Congressional Review of Agency 

Rulemaking. 

Paperwork Reduction Act 

The proposed rule is not subject to 

section 3504(h) of the Paperwork 

Reduction Act, 44 U.S.C. 3501, because 

it does not contain any information 

collection requirements subject to 

approval by the Office of Management 

and Budget. 

Federalism (Executive Order 13132) 

The proposed rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

OGE has determined that this proposed 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

Unfunded Mandates Reform Act 

The proposed rule neither imposes an 

unfunded mandate of more than $100 

million per year nor imposes a 

significant or unique effect on State, 

local or tribal governments, or the 

private sector. 

Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act, it is hereby certified that 

this proposed rule will not have a 

significant impact on a substantial 

number of small entities because this 

regulation will affect only people and 

organizations who file FOIA requests 

with OGE. 

Civil Justice Reform (Executive Order 

12988) 

It is hereby certified that this 

proposed rule does not unduly burden 

the judicial system and meets the 

requirements of Executive Order 12988. 

List of Subjects 

5 CFR Parts 2600 and 2601 

Administrative practice and 

procedure, Organization and functions 

(Government agencies). 

5 CFR Part 2604 

Administrative practice and 

procedure, Archives and records, 

Confidential business information, 

Freedom of information, Reporting and 

recordkeeping requirements. 

Approved: March 25, 2015. 

Walter M. Shaub, Jr., 

Director, Office of Government Ethics. 

For the reasons set out above, OGE 

proposes to amend 5 CFR parts 2600, 

2601, and 2604 as follows: 


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PART 2600—ORGANIZATION AND 

FUNCTIONS OF THE OFFICE OF 

GOVERNMENT ETHICS 

■ 1. The authority citation for part 2600 

continues to read as follows: 

Authority: 5 U.S.C. App. (Ethics in 

Government Act of 1978); E.O. 12674, 54 FR 

15159, 3 CFR, 1989 Comp., p. 215, as 

modified by E.O. 12731, 55 FR 42547, 3 CFR, 

1990 Comp., p. 306. 

■ 2. Amend § 2600.101 by revising the 

first sentence of paragraph (a) to read as 

follows: 

§ 2600.101 Mission and history. 

(a) The U.S. Office of Government 

Ethics (OGE) was established by the 

Ethics in Government Act of 1978, 

Public Law 95–521, 92 Stat. 1824 

(1978). * * * 

* * * * * 

■ 3. Amend § 2600.102 by revising 

paragraphs (a) and (b) to read as follows: 

§ 2600.102 Contact information. 

(a) Address. OGE is located at 1201 

New York Avenue NW., Suite 500, 

Washington, DC 20005–3917. OGE does 

not have any regional offices. OGE’s 

general email address is contactoge@

oge.gov. 

(b) Web site. Information about OGE 

and its role in the executive branch 

ethics program as well as copies of 

publications that have been developed 

for training, educational and reference 

purposes are available electronically on 

OGE’s Web site (www.oge.gov). OGE has 

posted on its Web site various Executive 

Orders, statutes, and regulations that 

together form the basis for the executive 

branch ethics program. The site also 

contains ethics advisory opinions and 

letters published by OGE, as well as 

other pertinent information. 

* * * * * 

■ 4. Revise § 2600.103 to read as 

follows: 

§ 2600.103 Office of Government Ethics 

organization and functions. 

OGE’s Director is appointed by the 

President and confirmed by the Senate 

for a five-year term. Additional 

information regarding OGE’s 

organization and functions is available 

on its Web site at www.oge.gov. 

PART 2601—IMPLEMENTATION OF 

OFFICE OF GOVERNMENT ETHICS 

STATUTORY GIFT ACCEPTANCE 

AUTHORITY 

■ 5. The authority citation for part 2601 

continues to read as follows: 

Authority: 5 U.S.C. App. (Ethics in 

Government Act of 1978). 

■ 6. Amend § 2601.103 by revising the 

first sentence of paragraph (a) and the 

first sentence of paragraph (d) to read as 

follows: 

§ 2601.103 Policy. 

(a) Scope. OGE may use its statutory 

authority to solicit, accept and utilize 

gifts to the agency that aid or facilitate 

the agency’s work. * * * 

* * * * * 

(d) Endorsement. Acceptance of a gift 

pursuant to this part will not in any way 

be deemed to be an endorsement of the 

donor, or the donor’s products, services, 

activities, or policies. * * * 

* * * * * 

■ 7. Amend § 2601.105 by revising the 

introductory text, removing the 

definition of ‘‘Administrative Division’’ 

and revising the definitions of 

‘‘Agency,’’ ‘‘Authorized agency official,’’ 

‘‘Director,’’ and ‘‘Employee’’ to read as 

follows: 

§ 2601.105 Definitions. 

As used in this part: 

Agency means the U.S. Office of 

Government Ethics (OGE). 

Authorized agency official means the 

Director of OGE or the Director’s 

delegee. 

Director means the Director of OGE. 

Employee means an employee of OGE. 

* * * * * 

■ 8. Amend § 2601.202 by revising 

paragraphs (a), (b), (d), and (f) to read as 

follows: 

§ 2601.202 Procedure. 

(a) The authorized agency official will 

have the authority to solicit, accept, 

refuse, return, or negotiate the terms of 

acceptance of a gift. 

(b) An employee, other than an 

authorized agency official, will 

immediately forward all offers of gifts 

covered by this part regardless of value 

to an authorized agency official for 

consideration and will provide a 

description of the gift offered. An 

employee will also inform an authorized 

agency official of all discussions of the 

possibility of a gift. An employee will 

not provide a donor with any 

commitment, privilege, concession or 

other present or future benefit (other 

than an appropriate acknowledgment) 

in return for a gift. 

* * * * * 

(d) Gifts may be acknowledged in 

writing in the form of a letter of 

acceptance to the donor. The amount of 

a monetary gift will be specified. In the 

case of nonmonetary gifts, the letter will 

not make reference to the value of the 

gift. Valuation of nonmonetary gifts is 

the responsibility of the donor. Letters 

of acceptance will not include any 

statement regarding the tax implications 

of a gift, which remain the 

responsibility of the donor. No 

statement of endorsement should appear 

in a letter of acceptance to the donor. 

* * * * * 

(f) A gift of money or the proceeds of 

a gift will be deposited in an 

appropriately documented agency fund. 

A check or money order should be made 

payable to the ‘‘U.S. Office of 

Government Ethics.’’ 

■ 9. Amend § 2601.203 by revising 

paragraph (a) to read as follows: 

§ 2601.203 Conflict of interest analysis. 

(a) A gift will not be solicited or 

accepted if the authorized agency 

official determines that such solicitation 

or acceptance of the gift would reflect 

unfavorably upon the ability of the 

agency, or any employee of the agency, 

to carry out OGE responsibilities or 

official duties in a fair and objective 

manner, or would compromise the 

integrity or the appearance of the 

integrity of its programs or any official 

involved in those programs. 

* * * * * 

■ 10. Amend § 2601.204 by revising the 

Note to § 2601.204 to read as follows: 

§ 2601.204 Conditions for acceptance. 

* * * * * 

Note to § 2601.204: Nothing in this part 

will prohibit the agency from offering or 

providing the donor an appropriate 

acknowledgment of its gift in a publication, 

speech or other medium. 

■ 11. Amend § 2601.301 by revising 

paragraphs (a) and (b) and the 

introductory text of paragraph (c) to 

read as follows: 

§ 2601.301 Accounting of gifts. 

(a) OGE’s Designated Agency Ethics 

Official (DAEO) will ensure that gifts are 

properly accounted for by following 

appropriate internal controls and 

accounting procedures. 

(b) The DAEO will maintain an 

inventory of donated personal property 

valued at over $500. The inventory will 

be updated each time an item is sold, 

excessed, destroyed or otherwise 

disposed of or discarded. 

(c) The DAEO will maintain a log of 

all gifts valued at over $500 accepted 

pursuant to this part. The log will 

include, to the extent known: 

* * * * * 

PART 2604—FREEDOM OF 

INFORMATION ACT RULES AND 

SCHEDULE OF FEES FOR THE 

PRODUCTION OF PUBLIC FINANCIAL 

DISCLOSURE REPORTS 

■ 12. The authority citation for part 

2604 continues to read as follows: 


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Authority: 5 U.S.C. 552; 5 U.S.C. App. 

(Ethics in Government Act of 1978); E.O. 

12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 

235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 

Comp., p. 216. 

■ 13. Revise § 2604.101 to read as 

follows: 

§ 2604.101 Purpose. 

This part contains the regulations of 

the U.S. Office of Government Ethics 

(OGE) implementing the Freedom of 

Information Act (FOIA), as amended. It 

describes how any person may obtain 

records from OGE under the FOIA. It 

also implements section 105(b)(1) of the 

Ethics in Government Act of 1978 

(Ethics Act), as amended, which 

authorizes an agency to charge 

reasonable fees to cover the cost of 

reproduction and mailing of public 

financial disclosure reports requested by 

any person. 

■ 14. Amend § 2604.102 by revising the 

first sentence of paragraph (c) to read as 

follows: 

§ 2604.102 Applicability. 

* * * * * 

(c) Records available through routine 

distribution procedures. When the 

record requested includes material 

published and offered for sale (e.g., by 

the Government Publishing Office) or 

which is available to the public through 

an established distribution system (such 

as that of the National Technical 

Information Service of the Department 

of Commerce), OGE will explain how 

the record may be obtained through 

those channels. * * * 

■ 15. Amend § 2604.103 by: 

■ a. Revising the definitions of 

‘‘Business information,’’ ‘‘Business 

submitter,’’ ‘‘Chief FOIA Officer,’’ 

‘‘Duplication,’’ ‘‘FOIA Public Liaison,’’ 

‘‘FOIA Requester Service Center’’; 

■ b. Removing the definition of ‘‘He, his 

and him’’; and 

■ c. Revising the definitions of ‘‘Office 

or OGE,’’ ‘‘Records,’’ and 

‘‘Representative of the news media.’’ 

The revisions read as follows: 

§ 2604.103 Definitions. 

* * * * * 

Business information means trade 

secrets or other commercial or financial 

information, provided to OGE by a 

submitter, which arguably is protected 

from disclosure under Exemption 4 of 

the Freedom of Information Act. 

Business submitter means any person 

who provides business information, 

directly or indirectly, to OGE and who 

has a proprietary interest in the 

information. 

Chief FOIA Officer means the OGE 

official designated under E.O. 13392 to 

provide oversight of all of OGE’s FOIA 

program operations. 

* * * * * 

Duplication means the process of 

making a copy of a record. Such copies 

include photocopies, flash drives, and 

optical discs. 

* * * * * 

FOIA Public Liaison means the OGE 

official designated under E.O. 13392 to 

review upon request any concerns of 

FOIA requesters about the service 

received from OGE’s FOIA Requester 

Service Center and to address any other 

FOIA-related inquiries. 

FOIA Requester Service Center means 

the OGE unit designated under E.O. 

13392 to answer any questions 

requesters have about the status of 

OGE’s processing of their FOIA 

requests. 

* * * * * 

Office or OGE means the United 

States Office of Government Ethics. 

* * * * * 

Records means any handwritten, 

typed, or printed documents (such as 

memoranda, books, brochures, studies, 

writings, drafts, letters, transcripts, and 

minutes) and documentary material in 

other forms (such as electronic 

documents, electronic mail, magnetic 

tapes, cards or discs, paper tapes, audio 

or video recordings, maps, photographs, 

slides, microfilm and motion pictures) 

that are either created or obtained by 

OGE and are under its control. It does 

not include objects or articles such as 

exhibits, models, equipment, and 

duplication machines or audiovisual 

processing materials. 

Representative of the news media 

means a person or entity that gathers 

information of potential interest to a 

segment of the public, uses editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience. In this clause, 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 if such entities 

qualify as disseminators of ‘‘news’’) who 

distribute their products to the general 

public or who make their products 

available for purchase or subscription 

by the general public, and entities that 

may disseminate news through other 

media, such as electronic dissemination 

of text. Freelance journalists will be 

considered as representatives of a news 

media entity if they can show a solid 

basis for expecting publication through 

such an entity. A publication contract is 

such a basis, and the requester’s past 

publication record may show such a 

basis. 

* * * * * 

■ 16. Add § 2604.104 to subpart A to 

read as follows: 

§ 2604.104 Preservation of records. 

OGE will preserve all correspondence 

pertaining to the requests that it receives 

under this part, as well as copies of all 

responsive 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. Records will 

not be disposed of while they are the 

subject of a pending request, appeal, or 

lawsuit. 

■ 17. Add § 2604.105 to subpart A to 

read as follows: 

§ 2604.105 Other rights and services. 

Nothing in this part will be construed 

to entitle any person, as of right, to any 

service or to the disclosure of any record 

to which such person is not entitled 

under the FOIA. 

■ 18. Revise the heading of Subpart B to 

read as follows: 

Subpart B—FOIA Public Reading 

Room Facility and Web Site; Index 

Identifying Information for the Public 

■ 19. Amend § 2604.201 by revising the 

heading, paragraph (a), paragraph (b) 

introductory text, and paragraphs (b)(2), 

(b)(5), and (c) to read as follows: 

§ 2604.201 Public reading room facility 

and Web site. 

(a)(1) Location of public reading room 

facility. OGE maintains a public reading 

room facility at its offices located at 

1201 New York Avenue NW., Suite 500, 

Washington, DC 20005–3917. Persons 

desiring to utilize the reading room 

facility should contact OGE, in writing 

or by telephone: 202–482–9300, TDD: 

202–482–9293, or FAX: 202–482–9237, 

to arrange a time to inspect the materials 

available there. 

(2) Web site. The records listed in 

paragraph (b) of this section that were 

created on or after November 1, 1996, or 

which OGE is otherwise able to make 

electronically available, along with the 

OGE FOIA and Public Records Guide 

and OGE’s annual FOIA reports, are also 

available via OGE’s Web site 

(www.oge.gov). OGE will proactively 

identify additional records of interest to 

the public and will post such records on 

its Web site when practicable. 

(b) Records available. The OGE public 

reading room facility contains OGE 

records which are required by 5 U.S.C. 

552(a)(2) to be made available for public 

inspection and copying, including.: 

* * * * * 


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(2) Any statements of policy and 

interpretation which have been adopted 

by OGE and are not published in the 

Federal Register; 

* * * * * 

(5) A general index of the records 

referred to under § 2604.201(b)(4). 

(c) Copying. The cost of copying 

information available in OGE’s public 

reading room facility will be imposed 

on a requester in accordance with the 

provisions of subpart E of this part. 

* * * * * 

■ 20. Amend § 2604.202 by revising 

paragraph (a) to read as follows: 

§ 2604.202 Index identifying information 

for the public. 

(a) OGE will maintain and make 

available for public inspection and 

copying a current index of the materials 

available at its public reading room 

facility which are required to be 

indexed under 5 U.S.C. 552(a)(2). 

* * * * * 

■ 21. Amend § 2604.301 by revising 

paragraph (a), paragraph (b) 

introductory text, and paragraphs (b)(2) 

and (d) to read as follows: 

§ 2604.301 Requests for records. 

(a) Addressing requests. Requests for 

copies of records may be made by mail 

or email. Requests sent by mail should 

be addressed to the FOIA Officer, U.S. 

Office of Government Ethics, 1201 New 

York Avenue NW., Suite 500, 

Washington, DC 20005–3917. The 

envelope containing the request and the 

letter itself should both clearly indicate 

that the subject is a Freedom of 

Information Act request. Email requests 

should be sent to usoge@oge.gov and 

should indicate in the subject line that 

the message contains a Freedom of 

Information Act request. 

(b) Description of records. Each 

request must reasonably describe the 

desired records in sufficient detail to 

enable OGE personnel to locate the 

records with a reasonable amount of 

effort. A request for a specific category 

of records will be regarded as fulfilling 

this requirement if it enables responsive 

records to be identified by a technique 

or process that is not unreasonably 

burdensome or disruptive of OGE 

operations. 

* * * * * 

(2) If the FOIA Officer determines that 

a request does not reasonably describe 

the records sought, the FOIA Officer 

will either advise the requester what 

additional information is needed to 

locate the record, or otherwise state why 

the request is insufficient. The FOIA 

Officer will also extend to the requester 

an opportunity to confer with OGE 

personnel with the objective of 

reformulating the request in a manner 

which will meet the requirements of 

this section. 

* * * * * 

(d) Requests for records relating to 

corrective actions. No record developed 

pursuant to the authority of 5 U.S.C. 

app. 402(f)(2) concerning the 

investigation of an employee for a 

possible violation of any provision 

relating to a conflict of interest will be 

made available pursuant to this part 

unless the request for such information 

identifies the employee to whom the 

records relate and the subject matter of 

any alleged violation to which the 

records relate. Nothing in this 

subsection will affect the application of 

subpart D of this part to any record so 

identified. 

* * * * * 

■ 22. Amend § 2604.302 by 

redesignating paragraphs (a) through (d) 

as (b) through (e), respectively; adding 

new paragraph (a); and revising 

redesignated paragraph (c) to read as 

follows: 

(a) Acknowledgement of requests. If 

the FOIA Officer determines that a 

request will take longer than 10 working 

days to process, OGE will send a written 

acknowledgment that includes the 

request’s individualized tracking 

number. 

* * * * * 

(c) Referral to, or consultation with, 

another agency. When a requester seeks 

access to records that originated in 

another Government agency subject to 

the FOIA, OGE will normally refer the 

request to the other agency for response; 

alternatively, OGE may consult with the 

other agency in the course of deciding 

itself whether to grant or deny a request 

for access to such records. If OGE refers 

the request to another agency, it will 

notify the requester of the referral and 

provide a point of contact within the 

receiving agency. If release of certain 

records may adversely affect United 

States relations with foreign 

governments, OGE will usually consult 

with the Department of State. A request 

for any records classified by some other 

agency will be referred to that agency 

for response. 

* * * * * 

■ 23. Amend § 2604.303 by revising 

paragraph (a) and the introductory text 

to paragraph (b) to read as follows: 

§ 2604.303 Form and content of 

responses. 

(a) Form of notice granting a request. 

After the FOIA Officer has made a 

determination to grant a request in 

whole or in part, the requester will be 

notified in writing. The notice will 

describe the manner in which the record 

will be disclosed, whether by providing 

a copy of the record with the response 

or at a later date, or by making a copy 

of the record available to the requester 

for inspection at a reasonable time and 

place. The procedure for such an 

inspection may not unreasonably 

disrupt OGE operations. The response 

letter will also inform the requester in 

the response of any fees to be charged 

in accordance with the provisions of 

subpart E of this part. 

(b) Form of notice denying a request. 

When the FOIA Officer denies a request 

in whole or in part, the FOIA Officer 

will so notify the requester in writing. 

The response will be signed by the 

FOIA Officer and will include: 

* * * * * 

■ 24. Revise § 2604.304 to read as 

follows: 

§ 2604.304 Appeal of denials. 

(a) Right of appeal. If a request has 

been denied in whole or in part, the 

requester may appeal the denial by mail 

or email to the Program Counsel of the 

U.S. Office of Government Ethics. 

Requests sent by mail should be 

addressed to 1201 New York Avenue 

NW., Suite 500, Washington, DC 20005– 

3917. The envelope containing the 

request and the letter itself should both 

clearly indicate that the subject is a 

Freedom of Information Act appeal. 

Email requests should be sent to usoge@

oge.gov and should indicate in the 

subject line that the message contains a 

Freedom of Information Act appeal. 

(b) Letter of appeal. The appeal must 

be in writing and must be sent within 

30 calendar days of receipt of the denial 

letter. An appeal should include a copy 

of the initial request, a copy of the letter 

denying the request in whole or in part, 

and a statement of the circumstances, 

reasons or arguments advanced in 

support of disclosure of the request for 

the record. 

(c) Action on appeal. The disposition 

of an appeal will be in writing and will 

constitute the final action of OGE on a 

request. A decision affirming in whole 

or in part the denial of a request will 

include a brief statement of the reason 

or reasons for affirmance, including 

each FOIA exemption relied on. If the 

denial of a request is reversed in whole 

or in part on appeal, the request will be 

processed promptly in accordance with 

the decision on appeal. 

(d) Judicial review. If the denial of the 

request for records is upheld in whole 

or in part, OGE will notify the person 

making the request of the right to seek 

judicial review under 5 U.S.C. 552(a)(4). 


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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18165 

(e) Dispute Resolution Services. If the 

denial of the request for records is 

upheld in whole or in part, OGE will 

notify the requester about the dispute 

resolution services offered by the Office 

of Government Information Services 

(OGIS) and provide contact information 

for that office. 

■ 25. Amend § 2604.305 by 

redesignating paragraph (a)(2) as (a)(3), 

adding new paragraph (a)(2), and 

revising paragraphs (a)(1) and (c) to read 

as follows: 

§ 2604.305 Time limits. 

(a)(1) Initial request. Following 

receipt of a request for records, the 

FOIA Officer will determine whether to 

comply with the request and will notify 

the requester in writing of the 

determination within 20 working days. 

(2) Tolling. OGE may toll the 20- 

working day period once while awaiting 

a response to information reasonably 

requested from the requester. OGE may 

also toll the 20-working day period 

while awaiting a response to a request 

for clarification regarding fees. There is 

no limit on the number of times OGE 

may toll the statutory time period to 

request clarification regarding fees. In 

either case, the tolling period ends upon 

receipt of the requester’s response to the 

request for information or clarification. 

If OGE does not receive a response to a 

request for clarification regarding fees 

within 30 calendar days, it will consider 

the request ‘‘closed.’’ 

* * * * * 

(c) Extension of time limits. When 

additional time is required for one of the 

reasons stated in paragraph (d) of this 

section, OGE will, within the statutory 

20-working day period, issue written 

notice to the requester setting forth the 

reasons for the extension and the date 

on which a determination is expected to 

be made. If more than 10 additional 

working days are needed, the requester 

will be notified and provided an 

opportunity to limit the scope of the 

request or to arrange for an alternative 

time frame for processing the request or 

a modified request. To aid the requester, 

OGE will make available its FOIA 

Public Liaison to assist in the resolution 

of any disputes. 

* * * * * 

■ 26. Amend § 2604.401 by revising 

paragraphs (a), (b), and the introductory 

text to paragraph (c) to read as follows: 

§ 2604.401 Policy. 

(a) Policy on application of 

exemptions. A requested record will not 

be withheld from inspection or copying 

unless it comes within one of the classes 

of records exempted by 5 U.S.C. 552. In 

making its determination on 

withholding, OGE will consider making 

discretionary disclosures of records 

exempt under the FOIA whenever 

disclosure is not prohibited by statute, 

Executive Order, or regulation and 

would not foreseeably harm an interest 

protected by a FOIA exemption. 

(b) Pledge of confidentiality. 

Information obtained from any 

individual or organization, furnished in 

reliance on a provision for 

confidentiality authorized by applicable 

statute, Executive Order or regulation, 

will not be disclosed to the extent it can 

be withheld under one of the 

exemptions. However, this paragraph 

does not itself authorize the giving of 

any pledge of confidentiality by any 

officer or employee of OGE. 

(c) Exception for law enforcement 

information. OGE may treat records 

compiled for law enforcement purposes 

as not subject to the requirements of the 

Freedom of Information Act when: 

* * * * * 

■ 27. Amend § 2604.402 by revising 

paragraphs (a), (c)(2), (d), paragraph (e) 

introductory text, and paragraphs (e)(3) 

and (f) to read as follows: 

§ 2604.402 Business information. 

(a) In general. Business information 

provided to OGE by a submitter will not 

be disclosed pursuant to a Freedom of 

Information Act request except in 

accordance with this section. 

* * * * * 

(c) * * * 

* * * * * 

(2) The FOIA Officer has reason to 

believe that the information may be 

protected from disclosure under 

Exemption 4 of the FOIA. Such written 

notice will either describe the exact 

nature of the business information 

requested or provide copies of the 

records containing the business 

information. The requester also will be 

notified that notice and an opportunity 

to object are being provided to a 

submitter. 

(d) Opportunity to object to 

disclosure. OGE will give a submitter a 

reasonable time, up to 10 working days, 

from receipt of the predisclosure 

notification to provide a written 

statement of any objection to disclosure. 

Such statement will specify all the 

grounds for withholding any of the 

information under any exemption of the 

FOIA and, in the case of Exemption 4, 

will demonstrate why the information is 

deemed to be a trade secret or 

commercial or financial information 

that is privileged or confidential. 

Information provided by a submitter 

pursuant to this paragraph may itself be 

subject to disclosure under the FOIA. 

(e) Notice of intent to disclose. The 

FOIA Officer will consider all objections 

raised by a submitter and specific 

grounds for nondisclosure prior to 

determining whether to disclose 

business information. Whenever the 

FOIA Officer decides to disclose 

business information over the objection 

of a submitter, the FOIA Officer will 

send the submitter a written notice at 

least 10 working days before the date of 

disclosure containing: 

* * * * * 

(3) A specified disclosure date. The 

requester will also be notified of the 

FOIA Officer’s determination to disclose 

records over a submitter’s objections. 

(f) Notice of FOIA lawsuit. Whenever 

a requester brings suit seeking to compel 

disclosure of business information, the 

FOIA Officer will promptly notify the 

submitter. 

* * * * * 

■ 28. Amend § 2604.501 by revising 

paragraphs (a), (b)(1), (b)(2), and (b)(4) to 

read as follows: 

§ 2604.501 Fees to be charged—general. 

(a) Policy. Fees will be assessed 

according to the schedule contained in 

paragraph (b) of this section and the 

category of requesters described in 

§ 2604.502 for services rendered in 

responding to and processing requests 

for records under subpart C of this part. 

All fees will be charged to the requester, 

except where the charging of fees is 

limited under § 2604.503(a) and (b) or 

where a waiver or reduction of fees is 

granted under § 2604.503(c). Requesters 

will pay fees by check or money order 

made payable to the Treasury of the 

United States. 

(b) * * * 

(1) Searches—(i) Manual searches for 

records. Whenever feasible, OGE will 

charge at the salary rate (i.e., basic pay 

plus 16%) of the employee making the 

search. However, where a homogeneous 

class of personnel is used exclusively in 

a search (e.g., all clerical time or all 

professional time) OGE will charge 

$16.00 per hour for clerical time and 

$28.00 per hour for professional time. 

Charges for search time will be billed by 

15 minute segments. 

(ii) Computer searches for records. 

Requesters will be charged the actual 

direct cost of conducting a search using 

existing programming. 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 records 

responsive to a request, as well as the 

cost of operator/programmer salary 

apportionable to the search. OGE will 

not alter or develop programming to 

conduct a search. 


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(iii) Unproductive searches. OGE will 

charge search fees even if no records are 

found which are responsive to the 

request, or if the records found are 

exempt from disclosure. 

(2) Duplication. The standard copying 

charge for documents in paper copy is 

$0.15 per page. When responsive 

information is provided in a format 

other than paper copy, such as in the 

form of computer tapes, flash drives, 

and discs, the requester may be charged 

the direct costs of the medium used to 

produce the information, as well as any 

related reproduction costs. 

* * * * * 

(4) Other services and materials. 

Where OGE elects, as a matter of 

administrative discretion, to comply 

with a request for a special service or 

materials, such as certifying that records 

are true copies or sending records by 

special methods, the actual direct costs 

of providing the service or materials 

will be charged. 

■ 29. Revise § 2604.502 to read as 

follows: 

§ 2604.502 Fees to be charged—categories 

of requesters. 

(a) Fees for various requester 

categories. The paragraphs below state, 

for each category of requester, the type 

of fees generally charged by OGE. 

However, for each of these categories, 

the fees may be limited, waived or 

reduced in accordance with the 

provisions set forth in § 2604.503. In 

determining whether a requester 

belongs in any of the following 

categories, OGE will determine the use 

to which the requester will put the 

documents requested. If OGE has 

reasonable cause to doubt the use to 

which the requester will put the records 

sought, or where the use is not clear 

from the request itself, OGE will seek 

clarification before assigning the request 

to a specific category. 

(b) Commercial use requester. OGE 

will charge the full costs of search, 

review, and duplication. Commercial 

use requesters are not entitled to two 

hours of free search time or 100 free 

pages of reproduction as described in 

§ 2604.503(a); however, the minimum 

fees provision of § 2604.503(b) does 

apply to such requesters. 

(c) Educational and noncommercial 

scientific institutions and news media. If 

the request is from an educational 

institution or a noncommercial 

scientific institution, operated for 

scholarly or scientific research, or a 

representative of the news media, and 

the request is not for a commercial use, 

OGE will charge only for duplication of 

documents, excluding charges for the 

first 100 pages. 

(d) All other requesters. If the request 

is not one described in paragraph (b) or 

(c) of this section, OGE will charge the 

full and direct costs of searching for and 

reproducing records that are responsive 

to the request, excluding the first 100 

pages of duplication and the first two 

hours of search time. 

■ 30. Amend § 2604.503 by revising 

paragraphs (a), (b), (c) introductory text, 

(c)(1) introductory text, (c)(2), and (c)(3), 

and adding paragraph (d) to read as 

follows: 

§ 2604.503 Limitations on charging fees. 

(a) In general. Except for requesters 

seeking records for a commercial use as 

described in § 2604.502(b), OGE will 

provide, without charge, the first 100 

pages of duplication and the first two 

hours of search time, or their cost 

equivalent. 

(b) Minimum fees. OGE will not assess 

fees for individual requests if the total 

charge would be $10.00 or less. 

(c) Waiver or reduction of fees. 

Records responsive to a request under 5 

U.S.C. 552 will be furnished without 

charge or at a reduced charge where 

OGE determines, based upon 

information provided by a requester in 

support of a fee waiver request, that 

disclosure of the requested information 

is in the public interest because it is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the Government and is 

not primarily in the commercial interest 

of the requester. Requests for a waiver 

or reduction of fees will be considered 

on a case-by-case basis. 

(1) In determining whether disclosure 

is in the public interest because it is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the Government, OGE 

will consider the following factors: 

* * * * * 

(2) In determining whether disclosure 

of the requested information is not 

primarily in the commercial interest of 

the requester, OGE will consider the 

following factors: 

(i) The existence and magnitude of a 

commercial interest: Whether the 

requester has a commercial interest that 

would be furthered by the requested 

disclosure. OGE will consider all 

commercial interests of the requester, or 

any person on whose behalf the 

requester may be acting, which would 

be furthered by the requested 

disclosure. In assessing the magnitude 

of identified commercial interests, 

consideration will be given to the effect 

that the information disclosed would 

have on those commercial interests; and 

(ii) The primary interest in disclosure: 

Whether the magnitude of the identified 

commercial interest of the requester is 

sufficiently large, in comparison with 

the public interest in disclosure, that 

disclosure is primarily in the 

commercial interest of the requester. A 

fee waiver or reduction is warranted 

only where the public interest can fairly 

be regarded as greater in magnitude than 

the requester’s commercial interest in 

disclosure. OGE will ordinarily presume 

that, where a news media requester has 

satisfied the public interest standard, 

the public interest will be served 

primarily by disclosure to that 

requester. Disclosure to data brokers and 

others who compile and market 

Government information for direct 

economic return will not be presumed 

to primarily serve the public interest. 

(3) Where only a portion of the 

requested record satisfies the 

requirements for a waiver or reduction 

of fees under this paragraph, a waiver or 

reduction will be granted only as to that 

portion. 

* * * * * 

(d) If OGE does not comply with one 

of the time limits under § 2604.305, it 

will not assess search fees (or, in the 

case of a requester described under 

§ 2604.502(c), duplication fees), unless 

unusual or exceptional circumstances 

apply, as defined in 5 U.S.C. 

552(a)(6)(B) and (C). 

■ 31. Amend § 2604.504 by revising 

paragraphs (a), (b), (c)(1) through (3), 

(d), and (e) to read as follows: 

§ 2604.504 Miscellaneous fee provisions. 

(a) Notice of anticipated fees in excess 

of $25.00. Where OGE determines or 

estimates that the fees to be assessed 

under this section may amount to more 

than $25.00, it will notify the requester 

as soon as practicable of the actual or 

estimated amount of fees, unless the 

requester has indicated in advance the 

willingness to pay fees as high as those 

anticipated. Where a requester has been 

notified that the actual or estimated fees 

may exceed $25.00, the request will be 

deemed not to have been received until 

the requester has agreed to pay the 

anticipated total fee. A notice to the 

requester pursuant to this paragraph 

will include the opportunity to confer 

with OGE personnel in order to 

reformulate the request to meet the 

requester’s needs at a lower cost. 

(b) Aggregating requests. A requester 

may not file multiple requests, each 

seeking portions of a document or 

documents in order to avoid the 

payment of fees. Where there is reason 

to believe that a requester, or group of 

requesters acting in concert, is 

attempting to divide a request into a 

series of requests for the purpose of 

evading the assessment of fees, OGE 


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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18167 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

may aggregate the requests and charge 

accordingly. OGE will presume that 

multiple requests of this type made 

within a 30-calendar day period have 

been made in order to evade fees. 

Multiple requests regarding unrelated 

matters will not be aggregated. 

(c) * * * 

(1) OGE estimates or determines that 

the total fee to be assessed under this 

section is likely to exceed $250.00. 

When a determination is made that the 

allowable charges are likely to exceed 

$250.00, the requester will be notified of 

the likely cost and will be required to 

provide satisfactory assurance of full 

payment where the requester has a 

history of prompt payment of FOIA fees, 

or will be required to submit an advance 

payment of an amount up to the full 

estimated charges in the case of 

requesters with no history of payment; 

or 

(2) A requester has previously failed 

to pay a fee charged in a timely fashion 

(i.e., within 30 calendar days of the date 

of the billing). In such cases the 

requester may be required to pay the full 

amount owed plus any applicable 

interest as provided by paragraph (e) of 

this section, and to make an advance 

payment of the full amount of the 

estimated fee before OGE begins to 

process a new request. 

(3) When OGE requests an advance 

payment of fees, the administrative time 

limits described in subsection (a)(6) of 

the FOIA will begin to run only after 

OGE has received the advance payment. 

(d) Billing and payment. Normally 

OGE will require a requester to pay all 

fees before furnishing the requested 

records. However, OGE may send a bill 

along with, or following the furnishing 

of records, in cases where the requester 

has a history of prompt payment. 

(e) Interest charges. Interest charges 

on an unpaid bill may be assessed 

starting on the 31st calendar day 

following the day on which the billing 

was sent. Interest will be at the rate 

prescribed in 31 U.S.C. 3717 and will 

accrue from the date of billing. To 

collect unpaid bills, OGE will follow the 

provisions of the Debt Collection Act of 

1982, as amended (96 Stat. 1749 et seq.) 

including the use of consumer reporting 

agencies, collection agencies, and offset. 

■ 32. Revise § 2604.601 to read as 

follows: 

§ 2604.601 Electronic posting and 

submission of annual OGE FOIA report. 

On or before February 1 of each year, 

OGE will electronically post on its Web 

site and submit to the Office of 

Information and Privacy at the United 

States Department of Justice a report of 

its activities relating to the Freedom of 

Information Act (FOIA) during the 

preceding fiscal year. The report will 

include the information required by 5 

U.S.C. 552(e). 

§ 2604.602 [Removed] 

■ 33. Remove § 2604.602. 

■ 34. Revise § 2604.701 to read as 

follows: 

§ 2604.701 Policy. 

Fees for the reproduction and mailing 

of public financial disclosure reports 

(SF 278s) requested pursuant to section 

105 of the Ethics in Government Act of 

1978, as amended, and § 2634.603 of 

this chapter will be assessed according 

to the schedule contained in § 2604.702. 

Requesters will pay fees by check or 

money order made payable to the 

Treasury of the United States. Except as 

provided in § 2604.702(d), nothing 

concerning fees in subpart E of this part 

supersedes the charges set forth in this 

subpart for records covered in this 

subpart. 

■ 35. Amend § 2604.702 by revising 

paragraphs (a), (b), and (c) to read as 

follows: 

§ 2604.702 Charges. 

(a) Duplication. Except as provided in 

paragraph (c) of this section, copies of 

public financial disclosure reports (SF 

278s) requested pursuant to section 105 

of the Ethics in Government Act of 

1978, as amended, and § 2634.603 of 

this chapter will be provided upon 

payment of $0.15 per page furnished. 

(b) Mailing. Except as provided in 

paragraph (c) of this section, the actual 

direct cost of mailing public financial 

disclosure reports will be charged for all 

forms requested. Where OGE elects to 

comply, as a matter of administrative 

discretion, with a request for special 

mailing services, the actual direct cost 

of such service will be charged. 

(c) Minimum fees. OGE will not assess 

fees for individual requests if the total 

charge would be $10.00 or less. 

* * * * * 

[FR Doc. 2015–07376 Filed 4–2–15; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–STD–0022] 

RIN 1904–AC78 

Energy Conservation Program for 

Consumer Products: Energy 

Conservation Standards for 

Residential Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The U.S. Department of 

Energy (DOE) withdraws a proposed 

rule published in the Federal Register 

on February 26, 2013 that proposed to 

establish a waiver process to allow the 

manufacture and sale of certain largevolume (>55 gallon) electric storage 

water heaters under 1-year waivers 

granted by DOE, provided that a specific 

set of features are included and 

conditions are met to ensure their use 

only in residences enrolled in utility 

electric thermal storage (ETS) programs. 

DATES: The proposed rule published on 

February 26, 2013 at 78 FR 12969 is 

withdrawn as of April 3, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Ashley Armstrong, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

Title III, Part B 1 of the Energy Policy 

and Conservation Act of 1975 (‘‘EPCA’’ 

or ‘‘the Act’’), Public Law 94–163 (42 

U.S.C. 6291–6309, as codified) 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.2 These products 

include residential water heaters 

(RWH), the subject of this document. (42 

U.S.C. 6292(a)(4)) 


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