41508 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

§ 1016.21 Accountability for Secret 

Restricted Data. 

Each permittee possessing classified 

matter (including classified matter in 

electronic format) containing Secret 

Restricted Data shall establish 

accountability procedures and shall 

maintain logs to document access to and 

record comprehensive disposition 

information for all such classified 

matter that has been in his custody at 

any time. 

§ 1016.35 [Redesignated as § 1016.22] 

■ 15. Section 1016.35 is redesignated as 

§ 1016.22. 

§ § 1016.36 and 1016.37 [Redesignated as 

§§ 1016.23 and 1016.24 and Amended] 

■ 16. Sections 1016.36 and 1016.37 are 

redesignated as §§ 1016.23 and 1016.24 

and newly redesignated §§ 1016.23 and 

1016.24 are revised to read as follows: 

§ 1016.23 Changes in classification. 

Classified matter containing 

Restricted Data shall not be downgraded 

or declassified except as authorized by 

DOE and in accordance with 10 CFR 

part 1045. 

§ 1016.24 Destruction of classified matter 

containing Restricted Data. 

Documents containing Restricted Data 

may be destroyed by burning, pulping, 

or another method that assures complete 

destruction of the information which 

they contain. Restricted Data contained 

in classified matter, other than 

documents, may be destroyed only by a 

method that assures complete 

obliteration, removal, or destruction of 

the Restricted Data. 

■ 17. Add § 1016.25 to read as follows: 

§ 1016.25 Storage, use, processing, 

transmission and destruction of classified 

information on computers, computer 

networks, electronic devices/media and 

mobile devices. 

Storage, use, processing, and 

transmission of Restricted Data on 

computers, computer networks, 

electronic devices/media and mobile 

devices must be approved by DOE. 

DOE-approved methods must be used 

when destroying classified information 

that is in electronic format. 

§ 1016.38 [Redesignated as § 1016.26] 

■ 18. Section 1016.38 is redesignated as 

§ 1016.26. 

§ 1016.39 [Redesignated as § 1016.27 and 

Amended] 

■ 19. Section 1016.39 is redesignated as 

§ 1016.27 and newly redesignated 

§ 1016.27 is revised to read as follows: 

§ 1016.27 Termination, suspension, or 

revocation of security facility approval. 

(a) In accordance with § 1016.12, if 

the need to use, process, store, 

reproduce, transmit, or handle classified 

matter no longer exists, the security 

facility approval will be terminated. The 

permittee may deliver all Restricted 

Data to the DOE or to a person 

authorized to receive them; or the 

permittee may destroy all such 

Restricted Data. In either case, the 

facility must submit a certification of 

non-possession of Restricted Data to the 

DOE. 

(b) In any instance where security 

facility approval has been suspended or 

revoked based on a determination of the 

DOE that further possession of classified 

matter by the permittee would endanger 

the common defense and national 

security, the permittee shall, upon 

notice from the DOE, immediately 

deliver all Restricted Data to the DOE 

along with a certificate of nonpossession of Restricted Data. 

§ § 1016.40 through 1016.42 [Redesignated 

as §§ 1016.28 through 1016.30] 

■ 20. §§ 1016.40 through 1016.42 are 

redesignated as §§ 1016.28 through 

1016.30. 

§ 1016.43 [Redesignated as § 1016.31 and 

Amended] 

■ 21. Section 1016.43 is redesignated as 

§ 1016.31 and newly redesignated 

§ 1016.31 is revised to read as follows: 

§ 1016.31 Inspections. 

The DOE shall make such inspections 

and surveys of the premises, activities, 

records, and procedures of any person 

subject to the regulations in this part as 

DOE deems necessary to effectuate the 

purposes of the Act, Executive Order 

13526, and DOE orders and procedures. 

§ 1016.44 [Redesignated as § 1016.32] 

■ 22. Section 1016.44 is redesignated as 

§ 1016.32. 

[FR Doc. 2017–18043 Filed 8–31–17; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0164; Product 

Identifier 2017–NE–06–AD; Amendment 39– 

19008; AD 2017–17–18] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

General Electric Company (GE) CF34–8 

model turbofan engines. This AD was 

prompted by analysis that resulted in 

the reduction of the life of the affected 

fan blades. This AD requires inspections 

of the affected fan blades until their 

removal. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective October 6, 

2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 6, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

General Electric Company, GE— 

Aviation, Room 285, 1 Neumann Way, 

Cincinnati, OH 45215, phone: 513–552– 

3272; fax: 513–552–3329; email: 

geae.aoc@ge.com. You may view this 

service information at the FAA, Engine 

and Propeller Standards Branch, Policy 

and Innovation Division, 1200 District 

Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

It is also available on the internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2017– 

0164. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0164; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this final rule, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41509 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: John 

Frost, Aerospace Engineer, FAA, ECO 

Branch, Compliance and Airworthiness 

Division, 1200 District Avenue, 

Burlington, MA 01803; phone: 781– 

238–7756; fax: 781–238–7199; email: 

john.frost@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain GE CF34–8 model 

turbofan engines. The NPRM published 

in the Federal Register on April 14, 

2017 (82 FR 17945). The NPRM was 

prompted by analysis that showed that 

the stresses in the pinholes, in the 

affected fan blades, could result in crack 

initiation at pinhole surfaces beyond 

19,000, 19,500, or 25,000 cycles-sincenew (CSN), depending on the engine 

model on which the blade is installed. 

The NPRM proposed to require initial 

and repetitive eddy current inspections 

(ECIs) and removal of affected fan 

blades before reaching 41,000 CSN. The 

NPRM also provided an option to repair 

affected blades, which allows for an 

additional 28,000 cycles before removal. 

This condition, if not corrected, could 

result in failure of the fan blade, 

uncontained blade release, damage to 

the engine, and damage to the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this final rule. 

The following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

The Air Line Pilots Association 

expressed support for the NPRM. 

Request To Rescind the AD 

Republic Airlines requested that we 

rescind the AD action. Republic Airlines 

does not feel that the failure of the blade 

is an airworthiness issue that should be 

addressed by this AD. Republic Airlines 

feels that in the event of a failed blade, 

the aircraft could continue to a safe 

flight and landing. The failure would be 

evident operationally and the crews 

would take the appropriate steps to 

return the aircraft and its occupants 

safely to the closest airport. 

We disagree. Based on the analysis 

that resulted in the reduction of the life 

of the affected fan blades, the FAA 

determined an unsafe condition exists 

based on the extremely high number of 

forecasted events. We did not change 

this AD. 

Request To Change Related Service 

Information 

J-Air & Horizon Air requested that we 

mandate the use of specific service 

bulletins in paragraph (g) of this AD. 

Paragraph (g) of this AD does not 

specify an ECI procedure. 

We partially agree. We disagree with 

mandating the use of specific service 

bulletins in paragraph (g) of this AD 

because that would preclude the use of 

other procedures that may be 

acceptable. 

However, we added a statement to 

compliance paragraph (g) in this AD 

indicating the GE service documents in 

which guidance can be found for 

performing the ECI. 

Request To Add Repetitive Inspections 

Intervals 

Horizon Air requested that we 

provide instructions with regard to the 

repetitive inspection interval 

requirements for fan blades that have 

accumulated an unknown number of 

CSN. 

We agree. We added paragraph 

(g)(4)(iii) of this AD to mandate a 

repetitive inspection. 

Request To Add Terminating Action 

Horizon Air requested that we 

provide a designated paragraph for 

terminating action. Although paragraph 

(h) of this AD provides fan blade, part 

number (P/N) 4114T31G01, as a repair 

option, the repair is not specifically 

given as a means to terminate the 

repetitive inspections required for fan 

blade, P/N 4114T15P02. 

We disagree. This AD requires 

repetitive inspections only for fan blade, 

P/N 4114T15P02. Therefore, once a fan 

blade is repaired to P/N 4114T31G01, a 

repetitive inspection is not required. We 

did not change this AD. 

Request To Update Service Information 

Horizon Air requested that all 

references to GE Alert Service Bulletin 

(ASB) CF34–8E SB 72–A0115, R03 be 

revised to R04. 

We agree. We revised this AD to refer 

to the latest service information revision 

and date. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this 

final rule with the changes described 

previously and minor editorial changes. 

We have determined that these minor 

changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this final rule. 

Related Service Information Under 1 

CFR Part 51 

We reviewed GE ASB CF34–8C SB 

72–A0137, Revision 5 (R05), dated June 

15, 2016. This ASB identifies an 

approved inspection method and 

provides the procedures necessary for 

calculating the adjusted CSN for the 

initial inspection of CF34–8C fan 

blades. 

We also reviewed CF34–8E ASB 72– 

A0060, Revision 5 (R05), dated June 15, 

2016. This ASB identifies an approved 

inspection method and provides the 

procedures necessary for calculating the 

adjusted CSN for the initial inspection 

of CF34–8E fan blades. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Other Related Service Information 

We reviewed GE ASBs CF34–8E SB 

72–A0115, R04, dated December 9, 

2016; and CF34–8C SB 72–A0225, R03, 

dated December 9, 2016. These ASBs 

describe procedures for repairing fan 

blade, part number (P/N) 4114T15P02 to 

P/N 4114T31G01, with the installation 

of a bushing in the pinholes. 

Costs of Compliance 

We estimate that this AD affects 1,986 

engines installed on airplanes of U.S. 

registry. 

We estimate the following costs to 

comply with this AD: 


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41510 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Initial ECI Inspection ....................................... 4 work-hours × $85 per hour = $340 ............. $0 $340 $675,240 

Replacement of fan blade (prorated annual 

cost).

0 work-hours × $85 per hour = $0 ................. 5,460 5,460 10,843,560 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to engines, propellers, and 

associated appliances to the Manager, 

Engine and Propeller Standards Branch, 

Policy and Innovation Division. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect 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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2017–17–18 General Electric Company: 

Amendment 39–19008; Docket No. 

FAA–2017–0164; Product Identifier 

2017–NE–06–AD. 

(a) Effective Date 

This AD is effective October 6, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to General Electric 

Company (GE) CF34–8C1, CF34–8C5, CF34– 

8C5A1, CF34–8C5B1, CF34–8C5A2, CF34– 

8C5A3, CF34–8E2, CF34–8E2A1, CF34–8E5, 

CF34–8E5A1, CF34–8E5A2, CF34–8E6 and 

CF34–8E6A1 engines, including engines 

marked on the engine data plate as CF34– 

8C5B1/B, CF34–8C5/B, CF34–8C5A1/B, 

CF34–8C5A2/B, CF34–8C5/M, CF34–8C5A1/ 

M, CF34–C8C5A2/M, CF34–8C5A3/B, or 

CF34–8C5B1/M, with a fan blade, part 

number (P/N) 4114T15P02 or P/N 

4114T31G01, installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7230, Turbine Engine Compressor 

Section. 

(e) Unsafe Condition 

This AD was prompted by analysis that 

resulted in the reduction of the life of the 

affected fan blades. We are issuing this AD 

to prevent failure of the fan blade, 

uncontained blade release, damage to the 

engine, and damage to the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Eddy Current Inspections (ECIs) 

(1) For CF34–8C1, CF34–8C5B1, CF34– 

8C5B1/B and CF34–8E2 engines with fan 

blade, P/N 4114T15P02, installed: 

(i) Perform an initial ECI of the fan blade 

pinhole prior to the fan blade accumulating 

25,000 cycles-since-new (CSN); and 

(ii) Repeat this inspection within every 

3,000 cycles thereafter. 

(2) For CF34–8C5, CF34–8C5/B, CF34– 

8C5A1, CF34–8C5A1/B, CF34–8C5A2, CF34– 

8C5A2/B, CF34–8E2A1, CF34–8E5, CF34– 

8E5A1, CF34–8E6 and CF34–8E6A1 engines 

with fan blade, P/N 4114T15P02, installed: 

(i) Perform an initial ECI of the fan blade 

pinhole prior to the fan blade accumulating 

19,500 CSN; and 

(ii) Repeat this inspection within every 

3,000 cycles thereafter, until the fan blade 

has accumulated 25,000 CSN, then repeat the 

inspection every 1,500 cycles thereafter. 

(3) For CF34–8C5/M, CF34–8C5A1/M, 

CF34–8C5A2/M, CF34–8C5A3, CF34–8C5A3/ 

B, CF34–8C5B1/M, and CF34–8E5A2 engines 

with fan blade, P/N 4114T15P02, installed: 

(i) Perform an initial ECI of the fan blade 

pinhole prior to the fan blade accumulating 

19,000 CSN; and 

(ii) Repeat this inspection within every 

3,000 cycles thereafter, until the fan blade 

has accumulated 25,000 CSN, then repeat the 

inspection every 1,500 cycles thereafter. 

(4) For any affected engine with a fan 

blade, P/N 4114T15P02, installed, where the 

CSN of the fan blade is unknown on the 

effective date of this AD: 

(i) Assume the blade has accumulated 

25,000 CSN on the effective date of this AD; 

and 

(ii) Inspect the blade prior to installation or 

within 500 cycles after the effective date of 

this AD, whichever is earlier. 

(iii) Repeat this inspection based on the 

intervals of the new engine installation, as 

specified in paragraph (g) of this AD. 

(5) If a fan blade is moved from one 

affected engine model to another affected 

model after the initial ECI: 

(i) Perform an additional ECI of the blade 

prior to installation in the new model; and 

(ii) Repeat this inspection based on the 

intervals of the new engine installation, as 

specified in paragraph (g) of this AD. 

(6) If a fan blade, P/N 4114T15P02, has 

been used on more than one engine model 

prior to the initial ECI, use Appendix A of 

GE Alert Service Bulletin (ASB) CF34–8C SB 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41511 

72–A0137, R05, dated June 15, 2016, or 

Appendix A of GE ASB CF34–8E SB 72– 

A0060, R05, dated June 15, 2016, to calculate 

the new cycle limit for the initial inspection 

of that fan blade. 

(7) Guidance on performing the ECI can be 

found in GE Service Bulletins GE ASB CF34– 

8C SB 72–A0137, R05, dated June 15, 2016, 

or GE ASB CF34–8E SB 72–A0060, R05, 

dated June 15, 2016. 

(h) Fan Blade Removal 

(1) For any affected engine with a fan 

blade, P/N 4114T15P02, installed, remove 

the blade from service or repair to P/N 

4114T31G01 prior to the blade accumulating 

41,000 CSN. 

(2) For any affected engine with a fan 

blade, P/N 4114T31G01, installed, remove 

the blade from service prior to the blade 

accumulating 28,000 cycles since installation 

of the pinhole bushing. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, FAA, ECO Branch, 

Compliance and Airworthiness Division, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ECO Branch, send it to 

the attention of the person identified in 

paragraph (i)(1) of this AD. You may email 

your request to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact John Frost, Aerospace Engineer, FAA, 

ECO Branch, Compliance and Airworthiness 

Division, 1200 District Avenue, Burlington, 

MA 01803; phone: 781–238–7756; fax: 781– 

238–7199; email: john.frost@faa.gov. 

(2) GE ASB CF34–8E SB 72–A0115, R04, 

dated December 9, 2016, and GE ASB CF34– 

8C SB 72–A0225, R03, dated December 9, 

2016, can be obtained from GE using the 

contact information in paragraph (k)(3) of 

this AD. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) General Electric Company (GE) Alert 

Service Bulletin (ASB) CF34–8C SB 72– 

A0137, Revision 5 (R05), dated June 15, 2016. 

(ii) GE ASB CF34–8E SB 72–A0060, 

Revision 5 (R05), dated June 15, 2016. 

(3) For General Electric Company service 

information identified in this AD, contact 

General Electric Company, GE-Aviation, 

Room 285, 1 Neumann Way, Cincinnati, OH 

45215, phone: 513–552–3272; fax: 513–552– 

3329; email: geae.aoc@ge.com. 

(4) You may view this service information 

at FAA, Engine and Propeller Standards 

Branch, Policy and Innovation Division, 1200 

District Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

(5) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

August 29, 2017. 

Robert J. Ganley, 

Manager, Engine and Propeller Standards 

Branch, Aircraft Certification Service. 

[FR Doc. 2017–18570 Filed 8–31–17; 8:45 am] 

BILLING CODE 4910–13–P 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1301 

Freedom of Information Act 

Regulations 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Final rule. 

SUMMARY: The Tennessee Valley 

Authority issues this final rule 

amending its Freedom of Information 

Act (FOIA) regulations to incorporate 

the statutory changes made to the FOIA 

by the FOIA Improvement Act of 2016 

(Act). The TVA’s FOIA regulations 

provide the procedures by which the 

public may request records from TVA, 

and the policies and procedures by 

which TVA provides such records to the 

public upon written request. TVA is 

updating its regulations to incorporate 

the procedural requirements of the Act. 

DATES: This rule is effective September 

1, 2017. 

ADDRESSES: Tennessee Valley Authority, 

Freedom of Information Act Office, 400 

W. Summit Hill Drive (WT 7D), 

Knoxville, TN 37902–1401. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Denise Smith, FOIA Officer, Tennessee 

Valley Authority, 400 W. Summit Hill 

Drive (WT 7D), Knoxville, TN 37902– 

1401. Telephone: (865) 632–6945. 

Email: dsmith@tva.gov. 

SUPPLEMENTARY INFORMATION: The FOIA 

Improvement Act of 2016 requires that 

Federal agencies review and update 

their FOIA regulations in accordance 

with its provisions. The provisions 

include a requirement that agencies 

make available for public inspection, in 

an electronic format records, that have 

become or are likely to become the 

subject of subsequent requests for 

substantially the same records, or 

records that have been requested under 

FOIA three or more times. The Act 

requires that agencies provide a 

minimum of 90 days for requesters to 

file an administrative appeal following 

an adverse determination, and that 

agencies provide dispute resolution 

services at various times throughout the 

FOIA process. The Act codifies the U.S. 

Department of Justice’s ‘‘foreseeable 

harm’’ standard, specifying that an 

agency shall withhold information only 

if the agency reasonably foresees that 

disclosure would harm an interest 

protected by an exemption under 5 

U.S.C. 552(b) or if disclosure is 

prohibited by law. This provision also 

requires agencies to consider whether 

partial disclosure is possible if full 

disclosure is not possible, and to take 

reasonable steps to segregate and release 

nonexempt information. The Act 

amends FOIA exemption 5 to specify 

that the deliberative process privilege 

does not apply to records created 25 

years or more before the date of the 

request and must be released if 

requested. 

The Tennessee Valley Authority 

issues a final rule amending its Freedom 

of Information Act (FOIA) regulations to 

incorporate the statutory changes made 

to the FOIA by the Act. TVA exercises 

no discretion in implementing these 

statutory changes, therefore, public 

notice and comment is not required 

pursuant to 5 U.S.C. 553(b)(B). For these 

same reasons, the 30-day delay in 

effective date provided for in 5 U.S.C. 

553(d) is waived. 

List of Subjects in 18 CFR Part 1301 

Freedom of Information, Privacy, 

Government in the Sunshine. 

For the reasons stated in the 

preamble, TVA amends 18 CFR part 

1301 as follows: 

PART 1301—PROCEDURES 

■ 1. The authority citation for part 1301 

Subpart A continues to read as follows: 

Authority: 16 U.S.C. 831–831dd, 5 U.S.C. 

552. 

■ 2. Subpart A of part 1301 is revised as 

follows: 

Subpart A—Freedom of Information Act 

Sec. 

1301.1 General provisions. 

1301.2 Proactive disclosures. 

1301.3 Requirements for making requests. 

1301.4 Responsibility for responding to 

requests. 

1301.5 Timing of responses to requests. 

1301.6 Responses to requests. 

1301.7 Exempt records. 

1301.8 Confidential commercial 

information. 


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