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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

32089 

Vol. 75, No. 108 

Monday, June 7, 2010 

DEPARTMENT OF ENERGY 

10 CFR Part 440 

[Docket No. DOE–EERE–OT–2010–0004] 

RIN 1904–AC16 

Weatherization Assistance for LowIncome Persons: Maintaining the 

Privacy of Applicants for and 

Recipients of Services 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) published an interim final 

rule on March 11, 2010, requiring that 

all States and other service providers 

that participate in the Weatherization 

Assistance Program (WAP) treat all 

requests for information concerning 

applicants and recipients of WAP funds 

in a manner consistent with the Federal 

Government’s treatment of information 

requested under the Freedom of 

Information Act (FOIA). DOE is today 

adopting the interim final rule as final 

without change. 

DATES: This rule is effective July 7, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Adams, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Weatherization 

Assistance Program, EE–2K, 950 

L’Enfant Plaza, SW., Room P201D, 

Washington, DC 20585–0121, (202) 287– 

1591, e-mail: robert.adams@ee.doe.gov. 

Bryan Miller, Esq., U.S. Department of 

Energy, Office of General Counsel, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–8627. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title IV, Energy Conservation and 

Production Act, as amended, authorizes 

DOE to administer the WAP. All grant 

awards made under this program must 

comply with applicable authorities, 

including regulations contained in Title 

10 of the Code of Federal Regulations 

(10 CFR) part 440. 

II. Discussion 

On March 11, 2010, DOE published 

an interim final rule requiring all States 

and other service providers that 

participate in the WAP to treat all 

requests for information concerning 

applicants and recipients of WAP funds 

in a manner consistent with the Federal 

Government’s treatment of information 

requested under the Freedom of 

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

including the privacy protections 

contained in Exemption (b)(6) of the 

FOIA, 5 U.S.C. 552(b)(6), 75 FR 11419. 

The background and explanation of the 

interim final rule was set out in that 

March 11 publication. The comment 

period for that interim final rule closed 

on April 12, 2010. DOE received one 

comment letter, the substance of which 

is set forth, with responses, below: 

Comment: Rule 10 CFR 440.2(e) 

should state that participant name and 

address information has a substantial 

privacy interest under FOIA Exemption 

(b)(6) because disclosure of such 

information would reveal the income 

status of the participant. 

Response: The interim final rule 

includes the following language in its 

amendment to 10 CFR 440.2: ‘‘Under 5 

U.S.C. 552(b)(6) [the codification of 

FOIA Exemption (b)(6)], information 

relating to an individual’s eligibility 

application or the individual’s 

participation in the program, such as 

name, address, or income information, 

are generally exempt from disclosure.’’ 

75 FR 11422. DOE believes that this 

existing language is sufficient to satisfy 

the suggestion in this comment. 

Comment: Rule 10 CFR 440.2(e) 

should state that the FOIA (b)(6) 

balancing test should include the 

consideration of alternatives to 

disclosure of identifying information 

that could address the public interest 

without compromising the privacy of 

WAP participants. 

Response: The interim final rule 

states, ‘‘[g]iven a legitimate, articulated 

public interest in the disclosure, States 

and other service providers may release 

information regarding recipients in the 

aggregate that does not identify specific 

individuals * * *. Pursuant to FOIA 

Exemption (b)(6), records that contain 

personal information including but not 

limited to, names, addresses, and 

income information, are generally 

exempt from disclosure.’’ 75 FR 11420. 

DOE believes that this existing language, 

and the FOIA (b)(6) language found at 

5 U.S.C. 552(b)(6), adequately addresses 

the suggestion in this comment. 

Comment: DOE should include in the 

final rule examples of actual or 

hypothetical FOIA requests as guidance 

to illustrate how DOE would apply the 

FOIA (b)(6) balancing test. 

Response: DOE believes that 

speculating on the FOIA (b)(6) outcome 

of a given hypothetical situation would 

not provide much assistance to WAP 

providers. The public interest involved 

and the appropriate balance struck will 

depend on the facts of any given 

situation. 

Comment: DOE should ask States and 

other service providers to voluntarily 

submit the results of FOIA (b)(6) 

balancing test decisions, so that DOE 

can maintain and provide access to a 

repository of those decisions for 

reference by other WAP providers. 

Response: DOE believes that 

compiling such decisions is 

unnecessary, creates an additional 

paperwork burden on WAP providers 

and the Agency, and might require DOE 

to establish a Privacy Act System of 

Records. 

Because the suggestions in comments 

(1) and (2) are already incorporated in 

the interim final rule, and because DOE 

declines to adopt the suggestions in 

comments (3) and (4), DOE is today 

adopting the interim final rule as final 

without change. 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

Today’s regulatory action is a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget. 

B. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

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32090 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Rules and Regulations 

determined that the rule is not a ‘‘major 

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

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 440 

Administrative practice and 

procedure, Aged, Energy conservation, 

Grant programs—energy, Grant 

programs—housing and community 

development, Housing standards— 

Indians, Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Weatherization. 

Issued in Washington, DC, on May 28, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

PART 440—WEATHERIZATION 

ASSISTANCE FOR LOW-INCOME 

PERSONS 

■ Accordingly, the interim final rule 

amending 10 CFR part 440 which was 

published at 75 FR 11419 on March 11, 

2010, is adopted as a final rule without 

change. 

[FR Doc. 2010–13594 Filed 6–4–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1033; Directorate 

Identifier 2009–NM–104–AD; Amendment 

39–16326; AD 2010–12–05] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702) Airplanes, 

Model CL–600–2D15 (Regional Jet 

Series 705) Airplanes, and Model CL– 

600–2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Following in-flight test deployments on 

CL–600–2B19 aircraft, several Air-Driven 

generators (ADGs) failed to come online. 

Investigation revealed that, as a result of a 

wiring anomaly that had not been detected 

during ADG manufacture, a short circuit was 

possible between certain internal wires and 

their metallic over-braided shields, which 

could result in the ADG not providing power 

when deployed. * * * 

The unsafe condition is failure of the 

ADG, which could lead to loss of several 

functions essential for safe flight. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective July 

12, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of April 30, 2009 (74 FR 

13094, March 26, 2009). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7303; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on November 5, 2009 (74 FR 

57268), and proposed to supersede AD 

2009–06–18, Amendment 39–15855 (74 

FR 13094, March 26, 2009). You may 

obtain further information by examining 

the MCAI in the AD docket. 

Since we issued AD 2009–06–18, we 

have received notice that additional 

suspect air-driven generators may have 

been installed between the effective date 

of Canadian Airworthiness Directive 

CF–2008–10, dated February 5, 2008, 

and the effective date of the equivalent 

FAA AD, AD 2009–06–18. Therefore, 

we have determined that the actions 

required by paragraph (f)(1) of AD 2009– 

06–18 are also required for Model CL– 

600–2C10 airplanes having serial 

numbers 10266 through 10273 

inclusive, and Model CL–600–2D15 and 

CL–600–2D24 airplanes having serial 

numbers 15163 through 15223 

inclusive. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

The Air Line Pilots Association, 

International (ALPA) supports the intent 

of the NPRM. 

Request To Allow Previously Approved 

AMOCs 

American Eagle Airlines (American 

Eagle) requests that we allow alternative 

methods of compliance (AMOCs) 

previously approved for AD 2009–06– 

18. American Eagle states that including 

a statement allowing previously 

approved AMOCs will prevent the need 

for duplicate requests for the same 

issue. 

We agree with the commenter’s 

request. We have determined that 

AMOCs previously approved for AD 

2009–06–18 are acceptable for 

compliance with the corresponding 

requirements of this AD. We have added 

a statement to paragraph (h)(1) of this 

AD to allow AMOCs approved 

previously in accordance with AD 

2009–06–18. 

Explanation of Change Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes do 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

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