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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1301.9 Appeals. 

1301.10 Preservation of records. 

1301.11 Fees. 

1301.12 Other rights and services. 

§ 1301.1 General provisions. 

(a) This subpart contains the rules 

that the Tennessee Valley Authority 

(TVA) follows in processing requests for 

records under the Freedom of 

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

These rules should be read in 

conjunction with the text of the FOIA 

and the Uniform Freedom of 

Information Fee Schedule and 

Guidelines published by the Office of 

Management and Budget (‘‘OMB 

Guidelines’’). Requests made by 

individuals for records about 

themselves under the Privacy Act of 

1974, 5 U.S.C. 552a, are processed in 

accordance with TVA’s Privacy Act 

regulations as well as under this 

subpart. 

§ 1301.2 Proactive disclosures. 

Records that the FOIA requires 

agencies to make available for public 

inspection in an electronic format may 

be accessed through the TVA Web site. 

Each TVA organization is responsible 

for determining which of its records 

must be made publicly available, for 

identifying additional records of interest 

to the public that are appropriate for 

public disclosure, and for posting and 

indexing such records. Each TVA 

organization shall ensure that its posted 

records and indices are reviewed and 

updated on an ongoing basis. TVA has 

a FOIA Requester Service Center and a 

FOIA Public Liaison who can assist 

individuals in locating TVA records. 

Contact information for the FOIA 

Requester Service Center and Public 

Liaison is available at https://

www.tva.com/Information/Freedom-ofInformation/FOIA-Contacts. 

§ 1301.3 Requirements for making 

requests. 

(a) General information. (1) TVA has 

a centralized system for responding to 

FOIA requests. To make a request for 

records, a requester should write 

directly to the Tennessee Valley 

Authority, FOIA Officer, 400 W. 

Summit Hill Drive (WT 7D), Knoxville, 

TN 37902–1401. TVA’s Guide to 

Information, which may be accessed on 

the TVA Web site at https://

www.tva.com/Information/Freedom-ofInformation/A-Guide-to-InformationAbout-The-Tennessee-Valley-Authority 

may be helpful in making your request. 

(2) If you are making a request about 

yourself, see subpart B Privacy Act for 

additional requirements. 

(3) Where a request for records 

pertains to another individual, a 

requester may receive greater access by 

submitting either a notarized 

authorization signed by that individual 

or a declaration made in compliance 

with the requirements set forth in 28 

U.S.C. 1746 by that individual 

authorizing disclosure of the records to 

the requester, or by submitting proof 

that the individual is deceased (e.g., a 

copy of a death certificate or an 

obituary). As an exercise of 

administrative discretion, TVA may 

require a requester to supply additional 

information if necessary in order to 

verify that a particular individual has 

consented to disclosure. 

(b) Description of records sought. 

Requesters must describe the records 

sought in sufficient detail to enable TVA 

personnel to locate them with a 

reasonable amount of effort. To the 

extent possible, requesters should 

include specific information that may 

help TVA identify the requested 

records, such as the date, title or name, 

author, recipient, subject matter of the 

record, case number, file designation, or 

reference number. Before submitting 

their requests, requesters may contact 

the TVA’s FOIA Officer or FOIA Public 

Liaison to discuss the records they seek 

and to receive assistance in describing 

the records. If after receiving a request 

the agency determines that the request 

does not reasonably describe the records 

sought, the agency shall inform the 

requester of what additional information 

is needed or why the request is 

otherwise insufficient. Requesters who 

are attempting to reformulate or modify 

such a request may discuss their request 

with the agency’s FOIA Officer or FOIA 

Public Liaison. If a request does not 

reasonably describe the records sought, 

the agency’s response to the request may 

be delayed. 

(c) Format of records sought. Requests 

may specify the preferred form or format 

(including electronic formats) for the 

records you seek. TVA will 

accommodate your request if the record 

is readily reproducible in that form or 

format. 

(d) Requester contact information. 

Requesters must provide contact 

information, such as their phone 

number, email address, and/or mailing 

address, to assist the agency in 

communicating with them and 

providing released records. 

§ 1301.4 Responsibility for responding to 

requests. 

(a) In general. TVA’s FOIA Officer or 

the FOIA Officer’s designee is 

responsible for responding to all FOIA 

requests. In determining which records 

are responsive to a request, TVA 

ordinarily will include only records in 

its possession as of the date that it 

begins its search. If any other date is 

used, the agency will inform the 

requester of that date. A record that is 

excluded from the requirements of the 

FOIA pursuant to 5 U.S.C. 552(c), is not 

considered responsive to a request. 

(b) Authority to grant or deny 

requests. TVA’s FOIA Officer or the 

FOIA Officer’s designee is authorized to 

grant or to deny any requests for records 

that are maintained by TVA. 

(c) Consultation, referral and 

coordination. When reviewing records 

located by TVA in response to a request, 

TVA will determine whether another 

agency of the Federal Government is 

better able to determine whether the 

record is exempt from disclosure under 

the FOIA. As to any such record, TVA 

shall proceed in one of the following 

ways: 

(1) Consultation. When records 

originated with the agency processing 

the request, but contain within them 

information of interest to another 

agency or other Federal Government 

office, the agency processing the request 

should typically consult with that other 

entity prior to making a release 

determination. 

(2) Referral. (i) When the agency 

processing the request believes that a 

different agency or component is best 

able to determine whether to disclose 

the record, the agency typically should 

refer the responsibility for responding to 

the request regarding that record to that 

agency. Ordinarily, the agency that 

originated the record is presumed to be 

the best agency to make the disclosure 

determination. However, if the agency 

processing the request and the 

originating agency jointly agree that the 

agency processing the request is in the 

best position to respond regarding the 

record, then the record may be handled 

as a consultation. 

(ii) Whenever an agency refers any 

part of the responsibility for responding 

to a request to another agency, it must 

document the referral, maintain a copy 

of the record that it refers, and notify the 

requester of the referral, informing the 

requester of the name(s) of the agency to 

which the record was referred, 

including that agency’s FOIA contact 

information. 

(3) Coordination. The standard 

referral procedure is not appropriate 

where disclosure of the identity of the 

agency to which the referral would be 

made could harm an interest protected 

by an applicable exemption, such as the 

exemptions that protect personal 

privacy or national security interests. 

For example, if a non-law enforcement 

agency responding to a request for 

records on a living third party locates 


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within its files records originating with 

a law enforcement agency, and if the 

existence of that law enforcement 

interest in the third party was not 

publicly known, then to disclose that 

law enforcement interest could cause an 

unwarranted invasion of the personal 

privacy of the third party. Similarly, if 

an agency locates within its files 

material originating with an Intelligence 

Community agency, and the 

involvement of that agency in the matter 

is classified and not publicly 

acknowledged, then to disclose or give 

attribution to the involvement of that 

Intelligence Community agency could 

cause national security harms. In such 

instances, in order to avoid harm to an 

interest protected by an applicable 

exemption, the agency that received the 

request should coordinate with the 

originating agency to seek its views on 

the disclosability of the record. The 

release determination for the record that 

is the subject of the coordination should 

then be conveyed to the requester by the 

agency that originally received the 

request. 

(d) Classified information. On receipt 

of any request involving classified 

information, the agency must determine 

whether the information is currently 

and properly classified in accordance 

with applicable classification rules. 

Whenever a request involves a record 

containing information that has been 

classified or may be appropriate for 

classification by another agency under 

any applicable executive order 

concerning the classification of records, 

the receiving agency must refer the 

responsibility for responding to the 

request regarding that information to the 

agency that classified the information, 

or that should consider the information 

for classification. Whenever an agency’s 

record contains information that has 

been derivatively classified (for 

example, when it contains information 

classified by another agency), the 

agency must refer the responsibility for 

responding to that portion of the request 

to the agency that classified the 

underlying information. 

(e) Timing of responses to 

consultations and referrals. All 

consultations and referrals received by 

TVA will be handled according to the 

date that the first agency received the 

perfected FOIA request. 

(f) Agreements regarding 

consultations and referrals. TVA may 

establish agreements with other 

agencies to eliminate the need for 

consultations or referrals with respect to 

particular types of records. 

§ 1301.5 Timing of responses to requests. 

(a) In general. TVA ordinarily will 

respond to requests according to their 

order of receipt and placement in an 

appropriate processing track as follows. 

(b) Multitrack processing. TVA has 

established three tracks for handling 

requests and the track to which a 

request is assigned will depend on the 

nature of the request and the estimated 

processing time. Among the factors TVA 

may consider are the number of records 

requested, the number of pages involved 

in processing the request and the need 

for consultations or referrals. TVA will 

also designate a specific track for 

requests that are granted expedited 

processing, in accordance with the 

standards set forth in paragraph (e) of 

this section. TVA will advise requesters 

of the track into which their request 

falls and, when appropriate, will offer 

the requesters an opportunity to narrow 

or modify their request so that it can be 

placed in a different processing track. 

(1) Track 1. Requests that can be 

answered with readily available records 

or information. These are the fastest to 

process. These requests ordinarily will 

be responded to within 20 working days 

of receipt of a proper request by the 

FOIA Officer. The 20 working day time 

limit provided in this paragraph may be 

extended by TVA for unusual 

circumstances, as defined in paragraph 

(c) of this section, upon written notice 

to the person requesting the records. 

(2) Track 2. Requests where we need 

records or information from other 

offices throughout TVA, where we must 

consult with other Government 

agencies, or when we must process a 

submitter notice as described in 

§ 1301.8(d), but we do not expect that 

the decision on disclosure will be as 

time consuming as for requests in Track 

3. 

(3) Track 3. Requests which require a 

decision or input from another office or 

agency, extensive submitter 

notifications because of the presence of 

Business Information as defined in 

§ 1301.8(b)(1), and a considerable 

amount of time will be needed for that, 

or the request is complicated or involves 

a large number of records. Usually, 

these requests will take the longest to 

process. 

(c) Unusual circumstances. Whenever 

the statutory time limit for processing a 

request cannot be met because of 

‘‘unusual circumstances,’’ and TVA 

extends the time limit on that basis, 

TVA will, before expiration of the 20- 

day period to respond, notify the 

requester in writing of the unusual 

circumstances involved and of the date 

by which TVA estimates processing of 

the request will be completed. Where 

the extension exceeds 10 working days, 

TVA will, as described by the FOIA, 

provide the requester with an 

opportunity to modify the request or 

arrange an alternative time period for 

processing the original or modified 

request. TVA will make available its 

FOIA Officer or its FOIA Public Liaison 

for this purpose. A list of agency FOIA 

Public Liaisons is available at https://

www.foia.gov/report-makerequest.html. 

TVA will also alert requesters to the 

availability of the Office of Government 

Information Services (OGIS) to provide 

dispute resolution services. As used in 

this paragraph, ‘‘unusual 

circumstances’’ means, but only to the 

extent reasonable necessary to the 

proper processing of the particular 

requests: 

(1) The need to search for and collect 

the requested records from field 

facilities or other establishments that are 

separate from the office processing the 

request; 

(2) The need to search for, collect, and 

appropriately examine a voluminous 

amount of separate and distinct records 

which are demanded in a single request; 

or 

(3) The need for consultation, which 

shall be conducted with all practicable 

speed, with another agency having a 

substantial interest in the determination 

of the request or among two or more 

components of the agency having 

substantial subject-matter interest 

therein. 

(d) Aggregating requests. To satisfy 

unusual circumstances under the FOIA, 

TVA may aggregate requests in cases 

where it reasonably appears that 

multiple requests, submitted either by a 

requester or by a group of requesters 

acting in concert, constitute a single 

request that would otherwise involve 

unusual circumstances. TVA cannot 

aggregate multiple requests that involve 

unrelated matters. 

(e) Expedited processing. (1) TVA will 

process requests and appeals on an 

expedited basis whenever it is 

determined that they involve: 

(i) Circumstances in which the lack of 

expedited processing could reasonably 

be expected to pose an imminent threat 

to the life or physical safety of an 

individual; 

(ii) An urgency to inform the public 

about an actual or alleged Federal 

Government activity, if made by a 

person who is primarily engaged in 

disseminating information; 

(iii) The loss of substantial due 

process rights. 

(2) A request for expedited processing 

may be made at any time. For a prompt 

determination, requests based on 

paragraphs (e)(1)(i) and (ii) of this 


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section should be submitted to the TVA 

FOIA Officer. Requests based on 

paragraph (e)(1)(iii) of this section 

should be submitted in accordance with 

the agency’s requirements as described 

in § 1301.3. When making a request for 

expedited processing of an 

administrative appeal, the request 

should be submitted to the TVA Chief 

FOIA Officer and Appeals Official. 

(3) A requester who seeks expedited 

processing must submit a statement, 

certified to be true and correct, 

explaining in detail the basis for making 

the request for expedited processing. 

For example, under paragraph (e)(1)(ii) 

of this section, a requester who is not a 

full-time member of the news media 

must establish that the requester is a 

person whose primary professional 

activity or occupation is information 

dissemination, though it need not be the 

requester’s sole occupation. Such a 

requester also must establish a 

particular urgency to inform the public 

about the government activity involved 

in the request—one that extends beyond 

the public’s right to know about 

government activity generally. The 

existence of numerous articles 

published on a given subject can be 

helpful in establishing the requirement 

that there be an ‘‘urgency to inform’’ the 

public on the topic. As a matter of 

administrative discretion, TVA may 

waive the formal certification 

requirement. 

(4) TVA will notify the requester 

within 10 calendar days of the receipt 

of a request for expedited processing of 

its decision whether to grant or deny 

expedited processing. If expedited 

processing is granted, the request must 

be given priority, placed in the 

processing track for expedited requests, 

and must be processed as soon as 

practicable. If a request for expedited 

processing is denied, the agency must 

act on any appeal of that decision 

expeditiously. 

§ 1301.6 Responses to requests. 

(a) In general. TVA, to the extent 

practicable, will communicate with 

requesters having access to the Internet 

electronically, such as email. 

(b) Acknowledgments of requests. 

TVA will acknowledge the request in 

writing and assign it an individualized 

tracking number if it will take longer 

than 10 working days to process. TVA 

will include in the acknowledgment a 

brief description of the records sought to 

allow requesters to more easily keep 

track of their requests. 

(c) Estimated dates of completion and 

interim responses. Upon request, TVA 

will provide an estimated date by which 

the agency expects to provide a 

response to the requester. If a request 

involves a voluminous amount of 

material, or searches in multiple 

locations, TVA may provide interim 

responses, releasing the records on a 

rolling basis. 

(d) Grants of requests. Once TVA 

determines it will grant a request in full 

or in part, it will notify the requester in 

writing. TVA will also inform the 

requester of any fees charged under 

§ 1301.11 of this subpart and will 

disclose the requested records to the 

requester promptly upon payment of 

any applicable fees. 

(e) Adverse determinations of 

requests. If TVA makes an adverse 

determination denying a request in any 

respect, it will notify the requester of 

that determination in writing. Adverse 

determinations, or denials of requests, 

include decisions that: the requested 

record is exempt, in whole or in part; 

the request does not reasonably describe 

the records sought; the information 

requested is not a record subject to the 

FOIA; the requested record does not 

exist, cannot be located, or has been 

destroyed; or the requested record is not 

readily reproducible in the form or 

format sought by the requester. Adverse 

determinations also include denials 

involving fees or fee waiver matters or 

denials of requests for expedited 

processing. In the event of an adverse 

determination, TVA will inform the 

requester of the availability of its FOIA 

Public Liaison to offer assistance to 

requesters. 

(f) Content of denial. The denial must 

be signed by the head of the agency or 

their designee and must include: 

(1) The name and title or position of 

the person responsible for the denial; 

(2) A brief statement of the reasons for 

the denial, including any FOIA 

exemption applied by the agency in 

denying the request; 

(3) An estimate of the volume of any 

records or information withheld, such 

as the number of pages or some other 

reasonable form of estimation, although 

such an estimate is not required if the 

volume is otherwise indicated by 

deletions marked on records that are 

disclosed in part or if providing an 

estimate would harm an interest 

protected by an applicable exemption; 

and 

(4) A statement that the denial may be 

appealed under § 1301.9(a) of this 

subpart, and a description of the appeal 

requirements. 

(5) A statement notifying the requester 

of the assistance available from the 

agency’s FOIA Public Liaison and the 

dispute resolution services offered by 

OGIS. 

(g) Markings on released documents. 

Records disclosed in part must be 

marked clearly to show the amount of 

information deleted and the exemption 

under which the deletion was made 

unless doing so would harm an interest 

protected by an applicable exemption. 

The location of the information deleted 

must also be indicated on the record, if 

technically feasible. 

(h) Use of record exclusions. (1) In the 

event that TVA identifies records that 

may be subject to exclusion from the 

requirements of the FOIA pursuant to 5 

U.S.C. 552(c), TVA will confer with the 

Department of Justice, Office of 

Information Policy, to obtain approval 

to apply the exclusion. 

(2) If an exclusion is invoked, TVA 

will maintain an administrative record 

of the process of invocation and 

approval of the exclusion by OIP. 

§ 1301.7 Exempt records. 

(a) TVA’s records will be disclosed to 

any person upon request as provided in 

this section, except records that are 

exempt and are not made available if 

they are: 

(1)(i) Specifically authorized under 

criteria established by an Executive 

order to be kept secret in the interest of 

national defense or foreign policy, and 

(ii) Are in fact properly classified 

pursuant to such Executive order; 

(2) Related solely to the internal 

personnel rules and practices of an 

agency; 

(3) Specifically exempted from 

disclosure by statute (other than section 

552b of this title), if that statute— 

(i)(A) Requires that the matters be 

withheld from the public in such a 

manner as to leave no discretion on the 

issue; or 

(B) Establishes particular criteria for 

withholding or refers to particular types 

of matters to be withheld; and 

(ii) If enacted after the date of 

enactment of the OPEN FOIA Act of 

2009, specifically cites to this 

paragraph. 

(4) Trade secrets and commercial or 

financial information obtained from a 

person and privileged or confidential; 

(5) Inter-agency or intra-agency 

memorandums or letters that would not 

be available by law to a party other than 

an agency in litigation with the agency, 

provided that the deliberative process 

privilege shall not apply to records 

created 25 years or more before the date 

on which the records were requested; 

(6) Personnel and medical files and 

similar files the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy; 

(7) Records or information compiled 

for law enforcement purposes, but only 


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to the extent that the production of such 

law enforcement records or 

information— 

(i) Could reasonably be expected to 

interfere with enforcement proceedings, 

(ii) Would deprive a person of a right 

to a fair trial or an impartial 

adjudication, 

(iii) Could reasonably be expected to 

constitute an unwarranted invasion of 

personal privacy, 

(iv) Could reasonably be expected to 

disclose the identity of a confidential 

source, including a State, local, or 

foreign agency or authority or any 

private institution which furnished 

information on a confidential basis, and, 

in the case of a record or information 

compiled by a criminal law enforcement 

authority in the course of a criminal 

investigation or by an agency 

conducting a lawful national security 

intelligence investigation, information 

furnished by a confidential source, 

(v) Would disclose techniques and 

procedures for law enforcement 

investigations or prosecutions, or would 

disclose guidelines for law enforcement 

investigations or prosecutions if such 

disclosure could reasonably be expected 

to risk circumvention of the law, or 

(vi) Could reasonably be expected to 

endanger the life or physical safety of 

any individual; 

(8) Contained in or related to 

examination, operating, or condition 

reports prepared by, on behalf of, or for 

the use of an agency responsible for the 

regulation or supervision of financial 

institutions; or 

(9) Geological and geophysical 

information and data, including maps, 

concerning wells. 

(b) The availability of certain classes 

of nonexempt records is deferred for 

such time as TVA may determine is 

reasonable necessary to avoid 

interference with the accomplishment of 

its statutory responsibilities. Such 

records include bids and information 

concerning the identity and number of 

bids received prior to bid opening and 

award; and all negotiations in progress 

involving contracts or agreements for 

the acquisition or disposal of real or 

personal property by TVA prior to the 

conclusion of such negotiations. Any 

reasonably segregable portion of an 

available record shall be provided to 

any person requesting such record after 

deletion of the portions which are 

exempt under this paragraph. 

§ 1301.8 Confidential commercial 

information. 

(a) Definitions—(1) Confidential 

commercial information means 

commercial or financial information 

obtained by TVA from a submitter that 

may be protected from disclosure under 

Exemption 4 of the FOIA, 5 U.S.C. 

552(b)(4). 

(2) Submitter means any person or 

entity, including a corporation, State, or 

foreign government, but not including 

another Federal Government entity, that 

provides confidential commercial 

information, either directly or indirectly 

to the Federal Government. 

(b) Designation of confidential 

commercial information. A submitter of 

confidential commercial information 

must use good faith efforts to designate 

by appropriate markings, at the time of 

submission, any portion of its 

submission that it considers to be 

protected from disclosure under 

Exemption 4. These designations expire 

10 years after the date of the submission 

unless the submitter requests and 

provides justification for a longer 

designation period. 

(c) When notice to submitters is 

required. (1) TVA will promptly provide 

written notice to the submitter of 

confidential commercial information 

whenever records containing such 

information are requested under the 

FOIA if TVA determines that it may be 

required to disclose the records, 

provided: 

(i) The requested information has 

been designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(ii) TVA has a reason to believe that 

the requested information may be 

protected from disclosure under 

Exemption 4, but has not yet 

determined whether the information is 

protected from disclosure. 

(2) The notice must either describe 

the commercial information requested 

or include a copy of the requested 

records or portions of records 

containing the information. In cases 

involving a voluminous number of 

submitters, the agency may post or 

publish a notice in a place or manner 

reasonably likely to inform the 

submitters of the proposed disclosure, 

instead of sending individual 

notifications. 

(d) Exceptions to submitter notice 

requirements. The notice requirements 

of this section do not apply if: 

(1) TVA determines that the 

information is exempt under the FOIA, 

and therefore will not be disclosed; 

(2) The information has been lawfully 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by a statute other than the 

FOIA or by a regulation issued in 

accordance with the requirements of 

Executive Order 12600 of June 23, 1987; 

or 

(4) The designation made by the 

submitter under paragraph (b) of this 

section appears obviously frivolous. In 

such case, TVA will give the submitter 

written notice of any final decision to 

disclose the information within a 

reasonable number of days prior to a 

specified disclosure date. 

(e) Opportunity to object to disclosure. 

(1) TVA will specify a reasonable time 

period within which the submitter must 

respond to the notice referenced under 

paragraph (c)(1) of this section. 

(2) If a submitter has any objections to 

disclosure, it should provide TVA a 

detailed written statement that specifies 

all grounds for withholding the 

particular information under any 

exemption of the FOIA. In order to rely 

on Exemption 4 as basis for 

nondisclosure, the submitter must 

explain why the information constitutes 

a trade secret or commercial or financial 

information that is confidential. 

(3) A submitter who fails to respond 

within the time period specified in the 

notice will be considered to have no 

objection to disclosure of the 

information. TVA is not required to 

consider any information received after 

the date of any disclosure decision. Any 

information provided by a submitter 

under this subpart may itself be subject 

to disclosure under the FOIA. 

(f) Analysis of objections. TVA will 

consider a submitter’s objections and 

specific grounds for nondisclosure in 

deciding whether to disclose the 

requested information. 

(g) Notice of intent to disclose. 

Whenever TVA decides to disclose 

information over the objection of a 

submitter, TVA will provide the 

submitter written notice, which will 

include: 

(1) A statement of the reasons why 

each of the submitter’s disclosure 

objections was not sustained; 

(2) A description of the information to 

be disclosed or copies of the records as 

TVA intends to release them; and 

(3) A specified disclosure date, which 

must be a reasonable time after the 

notice. 

(h) Notice of FOIA lawsuit. Whenever 

a requester files a lawsuit seeking to 

compel the disclosure of confidential 

commercial information, TVA will 

promptly notify the submitter. 

(i) Requester notification. TVA will 

notify the requester whenever it 

provides the submitter with notice and 

an opportunity to object to disclosure; 

whenever it notifies the submitter of its 

intent to disclose the requested 

information; and whenever a submitter 


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files a lawsuit to prevent the disclosure 

of the information. 

§ 1301.9 Appeals. 

(a) Requirements for making an 

appeal. A requester may appeal any 

adverse determinations to TVA’s office 

designated to receive FOIA appeals 

(FOIA Appeals Office). Examples of 

adverse determinations are provided in 

§ 1301.6(e) of this subpart. Requesters 

can submit appeals by mail to TVA 

FOIA Appeals Official, Tennessee 

Valley Authority, 400 W. Summit Hill 

Drive (WT 7C), Knoxville, TN 37902– 

1401. The requester must make the 

appeal in writing and to be considered 

timely it must be postmarked within 90 

calendar days after the date of the initial 

response. The appeal should clearly 

identify the agency determination that is 

being appealed and the assigned request 

number. To facilitate handling, the 

requester should mark both the appeal 

letter and envelope ‘‘Freedom of 

Information Act Appeal.’’ 

(b) Adjudication of appeals. (1) The 

TVA Chief FOIA Officer and FOIA 

Appeals Official or designee will act on 

all appeals under this section. 

(2) An appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

(3) On receipt of any appeal involving 

classified information, the Chief FOIA 

Officer and FOIA Appeals Official will 

take appropriate action to ensure 

compliance with applicable 

classification rules. 

(c) Decisions on appeals. TVA will 

provide its decision on an appeal in 

writing. A decision that upholds TVA’s 

determination in whole or in part must 

contain a statement that identifies the 

reasons for the affirmance, including 

any FOIA exemptions applied. The 

decision must provide the requester 

with notification of the statutory right to 

file a lawsuit and will inform the 

requester of the dispute resolution 

services offered by the Office of 

Government Information Services 

(OGIS) of the National Archives and 

Records Administration as a nonexclusive alternative to litigation. If 

TVA’s decision is remanded or modified 

on appeal, TVA will notify the requester 

of that determination in writing. TVA 

will then further process the request in 

accordance with that appeal 

determination and will respond directly 

to the requester. 

(d) Engaging in dispute resolution 

services provided by OGIS. Dispute 

resolution is a voluntary process. If TVA 

agrees to participate in the dispute 

resolution services provided by OGIS, it 

will actively engage as a partner to the 

process in an attempt to resolve the 

dispute. 

(e) When appeal is required. Before 

seeking review by a court of TVA’s 

adverse determination, a requester 

generally must first submit a timely 

administrative appeal. 

§ 1301.10 Preservation of records. 

TVA will preserve all correspondence 

pertaining to the requests that it receives 

under this subpart, as well as copies of 

all requested records, until disposition 

or destruction is authorized pursuant to 

title 44 of the United States Code or the 

General Records Schedule 4.2 of the 

National Archives and Records 

Administration. TVA will not dispose of 

or destroy records while they are the 

subject of a pending request, appeal, or 

lawsuit under the FOIA. 

§ 1301.11 Fees. 

(a) In general. (1) TVA will charge for 

processing requests under the FOIA in 

accordance with the provisions of this 

section and with the OMB Guidelines. 

For purposes of assessing fees, the FOIA 

establishes three categories of 

requesters: 

(i) Commercial use requesters; 

(ii) Non-commercial scientific or 

educational institutions or news media 

requesters; and 

(iii) All other requesters. 

(2) Different fees are assessed 

depending on the category. Requesters 

may seek a fee waiver. TVA will 

consider requests for fee waivers in 

accordance with the requirements in 

paragraph (k) of this section. To resolve 

any fee issues that arise under this 

section, TVA may contact a requester for 

additional information. TVA will ensure 

that searches, review, and duplication 

are conducted in the most efficient and 

the least expensive manner. TVA 

ordinarily will collect all applicable fees 

before sending copies of records to a 

requester. Requesters must pay fees by 

check or money order made payable to 

the Tennessee Valley Authority, or by 

another method as determined by TVA. 

(b) Definitions. For purposes of this 

section: 

(1) Commercial use request is a 

request that asks for information for a 

use or a purpose that furthers a 

commercial, trade, or profit interest, 

which can include furthering those 

interests through litigation. TVA’s 

decision to place a requester in the 

commercial use category will be made 

on a case-by-case basis based on the 

requester’s intended use of the 

information. TVA will notify requesters 

of their placement in this category. 

(2) Direct costs are those expenses 

that TVA incurs in searching for and 

duplicating (and, in the case of 

commercial use requests, reviewing) 

records in order to respond to a FOIA 

request. For example, direct costs 

include the salary of the employee 

performing the work (i.e., the basic rate 

of pay for the employee, plus 16 percent 

of that rate to cover benefits) and the 

cost of operating computers and other 

electronic equipment, such as 

photocopiers and scanners. Direct costs 

do not include overhead expenses such 

as the costs of space, and of heating or 

lighting a facility. 

(3) Duplication is reproducing a copy 

of a record, or of the information 

contained in it, necessary to respond to 

a FOIA request. Copies can take the 

form of paper, audiovisual materials, or 

electronic records, among others. 

(4) Educational institution is any 

school that operates a program of 

scholarly research. A requester in this 

fee category must show that the request 

is made in connection with his or her 

role at the educational institution. TVA 

may seek verification from the requester 

that the request is in furtherance of 

scholarly research and TVA will advise 

requesters of their placement in this 

category. 

Example 1. A request from a professor 

of geology at a university for records 

relating to soil erosion, written on 

letterhead of the Department of Geology, 

would be presumed to be from an 

educational institution. 

Example 2. A request from the same 

professor of geology seeking drug 

information from the Food and Drug 

Administration in furtherance of a 

murder mystery he is writing would not 

be presumed to be an institutional 

request, regardless of whether it was 

written on institutional stationery. 

Example 3. A student who makes a 

request in furtherance of their 

coursework or other school-sponsored 

activities and provides a copy of a 

course syllabus or other reasonable 

documentation to indicate the research 

purpose for the request, would qualify 

as part of this fee category. 

(5) Noncommercial scientific 

institution is an institution that is not 

operated on a ‘‘commercial’’ basis, as 

defined in paragraph (b)(1) of this 

section and that is operated solely for 

the purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry. A requester in this 

category must show that the request is 

authorized by and is made under the 

auspices of a qualifying institution and 

that the records are sought to further 

scientific research and are not for a 

commercial use. TVA will advise 


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requesters of their placement in this 

category. 

(6) Representative of the news media 

is any person or entity that gathers 

information of potential interest to a 

segment of the public, uses its editorial 

skills to turn the raw materials into a 

distinct work, and distributes that work 

to an audience. 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 that broadcast ‘‘news’’ to the 

public at large and publishers of 

periodicals that disseminate ‘‘news’’ 

and make their products available 

through a variety of means to the 

general public, including news 

organizations that disseminate solely on 

the Internet. A request for records 

supporting the news-dissemination 

function of the requester will not be 

considered to be for a commercial use. 

‘‘Freelance’’ journalists who 

demonstrate a solid basis for expecting 

publication through a news media entity 

will be considered as a representative of 

the news media. A publishing contract 

would provide the clearest evidence 

that publication is expected; however, 

agencies can also consider a requester’s 

past publication record in making this 

determination. TVA will advise 

requesters of their placement in this 

category. 

(7) Search is the process of looking for 

and retrieving records or information 

responsive to a request. Search time 

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

identification of information within 

records and the reasonable efforts 

expended to locate and retrieve 

information from electronic records. 

(8) Review is the examination of a 

record located in response to a request 

in order to determine whether any 

portion of it is exempt from disclosure. 

Review time includes processing any 

record for disclosure, such as doing all 

that is necessary to prepare the record 

for disclosure, including the process of 

redacting the record and marking the 

appropriate exemptions. Review costs 

are properly charged even if a record 

ultimately is not disclosed. Review time 

also includes time spent both obtaining 

and considering any formal objection to 

disclosure made by a confidential 

commercial information submitter 

under § 1301.7 of this subpart, but it 

does not include time spent resolving 

general legal or policy issues regarding 

the application of exemptions. 

(c) Charging fees. In responding to 

FOIA requests, TVA will charge the 

following fees unless a waiver or 

reduction of fees has been granted under 

paragraph (k) of this section. Because 

the fee amounts provided below already 

account for the direct costs associated 

with a given fee type, agencies should 

not add any additional costs to charges 

calculated under this section. 

(1) Search. (i) Requests made by 

educational institutions, noncommercial 

scientific institutions, or representatives 

of the news media are not subject to 

search fees. TVA will charge search fees 

for all other requesters, subject to the 

restrictions of paragraph (d) of this 

section. TVA may properly charge for 

time spent searching even if they do not 

locate any responsive records or if they 

determine that the records are entirely 

exempt from disclosure. 

(ii) For each hour spent by personnel 

searching for requested records, 

including electronic searches that do 

not require new programming, the fees 

will be charged as follows: For time 

spent by clerical employees, the charge 

is $14.90 per hour. For time spent by 

supervisory and professional 

employees, the charge is $34.30 per 

hour. 

(iii) TVA will charge the direct costs 

associated with conducting any search 

that requires the creation of a new 

computer program to locate the 

requested records. TVA must notify the 

requester of the costs associated with 

creating such a program, and the 

requester must agree to pay the 

associated costs before the costs may be 

incurred. 

(iv) For requests that require the 

retrieval of records stored by TVA at a 

Federal records center operated by the 

National Archives and Records 

Administration (NARA), TVA will 

charge additional costs in accordance 

with the Transactional Billing Rate 

Schedule established by NARA. 

(2) Duplication. TVA will charge 

duplication fees to all requesters, 

subject to the restrictions of paragraph 

(d) of this section. TVA must honor a 

requester’s preference for receiving a 

record in a particular form or format 

where TVA can readily reproduce it in 

the form or format requested. Where 

photocopies are supplied, TVA will 

provide one copy per request at the cost 

of 10 cents per page for sheets no larger 

than 81⁄2 by 14 inches. For copies of 

records produced on tapes, disks, or 

other media, TVA will charge the direct 

costs of producing the copy, including 

operator time. Where paper documents 

must be scanned in order to comply 

with a requester’s preference to receive 

the records in an electronic format, the 

requester must also pay the direct costs 

associated with scanning those 

materials. For other forms of 

duplication, TVA will charge the direct 

costs. 

(3) Review. TVA will charge review 

fees to requesters who make commercial 

use requests. Review fees will be 

assessed in connection with the initial 

review of the record, i.e., the review 

conducted by TVA to determine 

whether an exemption applies to a 

particular record or portion of a record. 

No charge will be made for review at the 

administrative appeal stage of 

exemptions applied at the initial review 

stage. However, if a particular 

exemption is deemed to no longer 

apply, any costs associated with an 

agency’s re-review of the records in 

order to consider the use of other 

exemptions may be assessed as review 

fees. Review fees will be charged at the 

same rates as those charged for a search 

under paragraph (c)(1)(ii) of this section. 

(d) Restrictions on charging fees. (1) 

When TVA determines that a requester 

is an educational institution, noncommercial scientific institution, or 

representative of the news media, and 

the records are not sought for 

commercial use, it will not charge 

search fees. 

(2)(i) If TVA fails to comply with the 

FOIA’s time limits in responding to a 

request, it may not charge search fees, 

or, in the instances of requests from 

requesters described in paragraph (d)(1) 

of this section, may not charge 

duplication fees, except as described in 

paragraphs (d)(2)(ii) through (iv) of this 

section. 

(ii) If TVA has determined that 

unusual circumstances, as defined by 

the FOIA, apply and the agency 

provided timely written notice to the 

requester in accordance with the FOIA, 

a failure to comply with the time limit 

shall be excused for an additional 10 

days. 

(iii) If TVA has determined that 

unusual circumstances, as defined by 

the FOIA, apply and more than 5,000 

pages are necessary to respond to the 

request, TVA may charge search fees, or, 

in the case of requesters described in 

paragraph (d)(1) of this section, may 

charge duplication fees, if the following 

steps are taken. TVA must have 

provided timely written notice of 

unusual circumstances to the requester 

in accordance with the FOIA and TVA 

must have discussed with the requester 

via written mail, email, or telephone (or 

made not less than three good-faith 

attempts to do so) how the requester 

could effectively limit the scope of the 

request in accordance with 5 U.S.C. 

552(a)(6)(B)(ii). If this exception is 

satisfied, TVA may charge all applicable 

fees incurred in the processing of the 

request. 

(iv) If a court has determined that 

exceptional circumstances exist, as 


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defined by the FOIA, a failure to comply 

with the time limits shall be excused for 

the length of time provided by the court 

order. 

(3) No search or review fees will be 

charged for a quarter-hour period unless 

more than half of that period is required 

for search or review. 

(4) Except for requesters seeking 

records for a commercial use, TVA must 

provide without charge: 

(i) The first 100 pages of duplication 

(or the cost equivalent for other media); 

and 

(ii) The first two hours of search. 

(5) No fee will be charged when the 

total fee, after deducting the 100 free 

pages (or its cost equivalent) and the 

first two hours of search, is equal to or 

less than $25. 

(e) Notice of anticipated fees in excess 

of $25.00. (1) When TVA determines or 

estimates that the fees to be assessed in 

accordance with this section will exceed 

$25.00, TVA will notify the requester of 

the actual or estimated amount of the 

fees, including a breakdown of the fees 

for search, review or duplication, unless 

the requester has indicated a 

willingness to pay fees as high as those 

anticipated. If only a portion of the fee 

can be estimated readily, TVA will 

advise the requester accordingly. If the 

request is not for noncommercial use, 

the notice will specify that the requester 

is entitled to the statutory entitlements 

of 100 pages of duplication at no charge 

and, if the requester is charged search 

fees, two hours of search time at no 

charge, and will advise the requester 

whether those entitlements have been 

provided. 

(2) If TVA notifies the requester that 

the actual or estimated fees are in excess 

of $25.00, the request will not be 

considered received and further work 

will not be completed until the 

requester commits in writing to pay the 

actual or estimated total fee, or 

designates some amount of fees the 

requester is willing to pay, or in the case 

of a noncommercial use requester who 

has not yet been provided with the 

requester’s statutory entitlements, 

designates that the requester seeks only 

that which can be provided by the 

statutory entitlements. The requester 

must provide the commitment or 

designation in writing, and must, when 

applicable, designate an exact dollar 

amount the requester is willing to pay. 

TVA is not required to accept payments 

in installments. 

(3) If the requester has indicated a 

willingness to pay some designated 

amount of fees, but TVA estimates that 

the total fee will exceed that amount, 

TVA will toll the processing of the 

request when it notifies the requester of 

the estimated fees in excess of the 

amount the requester has indicated a 

willingness to pay. TVA will inquire 

whether the requester wishes to revise 

the amount of fees the requester is 

willing to pay or modify the request. 

Once the requester responds, the time to 

respond will resume from where it was 

at the date of the notification. 

(4) TVA will make available its FOIA 

Officer or FOIA Public Liaison to assist 

any requester in reformulating a request 

to meet the requester’s needs at a lower 

cost. 

(f) Charges for other services. 

Although not required to provide 

special services, if TVA chooses to do so 

as a matter of administrative discretion, 

the direct costs of providing the service 

will be charged. Examples of such 

services include certifying that records 

are true copies, providing multiple 

copies of the same document, or 

sending records by means other than 

first class mail. 

(g) Charging interest. TVA may charge 

interest on any unpaid bill starting on 

the 31st day following the date of billing 

the requester. Interest charges will be 

assessed at the rate provided in 31 

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

billing date until payment is received by 

TVA. TVA must follow the provisions of 

the Debt Collection Act of 1982 (Pub. L. 

97–365, 96 Stat. 1749), as amended, and 

its administrative procedures, including 

the use of consumer reporting agencies, 

collection agencies, and offset. 

(h) Aggregating requests. When TVA 

reasonably believes that a requester or a 

group of requesters acting in concert is 

attempting to divide a single request 

into a series of requests for the purpose 

of avoiding fees, TVA may aggregate 

those requests and charge accordingly. 

TVA may presume that multiple 

requests of this type made within a 30- 

day period have been made in order to 

avoid fees. For requests separated by a 

longer period, TVA will aggregate them 

only where there is a reasonable basis 

for determining that aggregation is 

warranted in view of all the 

circumstances involved. Multiple 

requests involving unrelated matters 

cannot be aggregated. 

(i) Advance payments. (1) For 

requests other than those described in 

paragraphs (i)(2) or (i)(3) of this section, 

TVA cannot require the requester to 

make an advance payment before work 

is commenced or continued on a 

request. Payment owed for work already 

completed (i.e., payment before copies 

are sent to a requester) is not an advance 

payment. 

(2) When TVA determines or 

estimates that a total fee to be charged 

under this section will exceed $250.00, 

it may require that the requester make 

an advance payment up to the amount 

of the entire anticipated fee before 

beginning to process the request. TVA 

may elect to process the request prior to 

collecting fees when it receives a 

satisfactory assurance of full payment 

from a requester with a history of 

prompt payment. 

(3) Where a requester has previously 

failed to pay a properly charged FOIA 

fee to any agency within 30 calendar 

days of the billing date, TVA may 

require that the requester pay the full 

amount due, plus any applicable 

interest on that prior request, and TVA 

may require that the requester make an 

advance payment of the full amount of 

any anticipated fee before TVA begins to 

process a new request or continues to 

process a pending request or any 

pending appeal. Where TVA has a 

reasonable basis to believe that a 

requester has misrepresented the 

requester’s identity in order to avoid 

paying outstanding fees, it may require 

that the requester provide proof of 

identity. 

(4) In cases in which TVA requires 

advance payment, the request will not 

be considered received and further work 

will not be completed until the required 

payment is received. If the requester 

does not pay the advance payment 

within 30 calendar days after the date of 

TVA’s fee determination, the request 

will be closed. 

(j) Other statutes specifically 

providing for fees. The fee schedule of 

this section does not apply to fees 

charged under any statute that 

specifically requires an agency to set 

and collect fees for particular types of 

records. In instances where records 

responsive to a request are subject to a 

statutorily-based fee schedule program, 

TVA will inform the requester of the 

contact information for that program. 

(k) Requirements for waiver or 

reduction of fees. (1) Requesters may 

seek a waiver of fees by submitting a 

written application demonstrating how 

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. 

(2) TVA will furnish records 

responsive to a request without charge 

or at a reduced rate when it determines, 

based on all available information, that 

the factors described in paragraphs 

(k)(2)(i) through (iii) of this section are 

satisfied: 

(i) Disclosure of the requested 

information would shed light on the 

operations or activities of the 


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government. The subject of the request 

must concern identifiable operations or 

activities of the Federal Government 

with a connection that is direct and 

clear, not remote or attenuated. 

(ii) Disclosure of the requested 

information is likely to contribute 

significantly to public understanding of 

those operations or activities. This 

factor is satisfied when the following 

criteria are met: 

(A) Disclosure of the requested 

records must be meaningfully 

informative about government 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either the same or a 

substantially identical form, would not 

be meaningfully informative if nothing 

new would be added to the public’s 

understanding. 

(B) The disclosure must contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

as well as the requester’s ability and 

intention to effectively convey 

information to the public must be 

considered. TVA will presume that a 

representative of the news media will 

satisfy this consideration. 

(iii) The disclosure must not be 

primarily in the commercial interest of 

the requester. To determine whether 

disclosure of the requested information 

is primarily in the commercial interest 

of the requester, TVA will consider the 

following criteria: 

(A) TVA must identify whether the 

requester has any commercial interest 

that would be furthered by the 

requested disclosure. A commercial 

interest includes any commercial, trade, 

or profit interest. Requesters will be 

given an opportunity to provide 

explanatory information regarding this 

consideration. 

(B) If there is an identified 

commercial interest, TVA must 

determine whether that is the primary 

interest furthered by the request. A 

waiver or reduction of fees is justified 

when the requirements of paragraphs 

(k)(2)(i) and (ii) of this section are 

satisfied and any commercial interest is 

not the primary interest furthered by the 

request. TVA ordinarily will presume 

that when a news media requester has 

satisfied factors paragraphs (k)(2)(i) and 

(ii), the request is not primarily in the 

commercial interest of the requester. 

Disclosure to data brokers or others who 

merely compile and market government 

information for direct economic return 

will not be presumed to primarily serve 

the public interest. 

(3) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver must be 

granted for those records. 

(4) Requests for a waiver or reduction 

of fees should be made when the request 

is first submitted to TVA and should 

address the criteria referenced above. A 

requester may submit a fee waiver 

request at a later time so long as the 

underlying record request is pending or 

on administrative appeal. When a 

requester who has committed to pay 

fees subsequently asks for a waiver of 

those fees and that waiver is denied, the 

requester must pay any costs incurred 

up to the date the fee waiver request 

was received. 

§ 1301.12 Other rights and services. 

Nothing in this subpart shall 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. 

Janet J. Brewer, 

Senior Vice President, Chief Communications 

& Marketing Officer, Tennessee Valley 

Authority. 

[FR Doc. 2017–18626 Filed 8–31–17; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0825] 

Drawbridge Operation Regulation; 

Willamette River at Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Hawthorne 

Bridge across the Willamette River, mile 

13.1, at Portland, OR. The deviation is 

necessary to accommodate the Race for 

the Cure event. This deviation allows 

the bridge to remain in the closed-tonavigation position to allow safe 

roadway movement of event 

participants. 

DATES: This deviation is effective from 

7 a.m. to noon on September 17, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0825 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Multnomah County, bridge owner, has 

requested a temporary deviation from 

the operating schedule for the 

Hawthorne Bridge across the Willamette 

River, mile 13.1, at Portland, OR. The 

requested deviation is to accommodate 

the Race for the Cure event. To facilitate 

this event, the draw of the subject bridge 

will be allowed to remain in the closedto-navigation position and need not 

open to marine traffic from 7 a.m. to 

noon on September 17, 2017. The 

Hawthorne Bridge provides a vertical 

clearance of 49 feet in the closed-tonavigation position referenced to the 

vertical clearance above Columbia River 

Datum 0.0. The normal operating 

schedule is in 33 CFR 117.897(c)(3)(v). 

Waterway usage on this part of the 

Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. The Coast Guard 

provided notice of and requested 

objections to this deviation to local 

mariners via the Local Notice Mariners, 

and email. No objections were 

submitted to the Coast Guard. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at any time. The 

bridge will be able to open for 

emergencies, and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will inform the users of the 

waterway, through our Local and 

Broadcast Notices to Mariners, of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 25, 2017. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2017–18545 Filed 8–31–17; 8:45 am] 

BILLING CODE 9110–04–P 


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