Freedom of Information Act, 11561-11562 [E8-4129]

Download as PDF rwilkins on PROD1PC63 with RULES Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations action’’ and is therefore not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of governments, as specified by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk VerDate Aug<31>2005 16:18 Mar 03, 2008 Jkt 214001 and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act (5 U.S.C. 801 et seq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of March 4, 2008. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. These corrections to the tables on the MVEBs for Erie, Youngstown, and Cambria, Pennsylvania are not ‘‘major rules’’ as defined by 5 U.S.C. 804(2). Dated: February 21, 2008. Donald S. Welsh, Regional Administrator, EPA Region III. [FR Doc. E8–4036 Filed 3–3–08; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATION COMMISSION 47 CFR PART 0 [DA 08–307] Freedom of Information Act Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: The Federal Communications Commission is modifying a section of the Commission’s rules that implement the Freedom of Information Act (FOIA) Fee Schedule. This modification pertains to the charge for recovery of the full, allowable direct costs of searching for and reviewing records requested under the FOIA and the Commission’s rules, unless such fees are restricted or PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 11561 waived. The fees are being revised to correspond to modifications in the rate of pay approved by Congress. DATES: Effective March 4, 2008. FOR FURTHER INFORMATION: Shoko B. Hair, Freedom of Information Act Public Liaison, Office of Performance Evaluation and Records Management, Room 1–A827, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, (202) 418–1379 or via Internet at shoko.hair@fcc.gov. SUPPLEMENTARY INFORMATION: The Federal Communications Commission is modifying § 0.467(a) of the Commission’s rules. This rule pertains to the charges for searching and reviewing records requested under the FOIA. The FOIA requires federal agencies to establish a schedule of fees for the processing of requests for agency records in accordance with fee guidelines issued by the Office of Management and Budget (OMB). In 1987, OMB issued its Uniform Freedom of Information Act Fee Schedule and Guidelines. However, because the FOIA requires that each agency’s fees be based upon its direct costs of providing FOIA services, OMB did not provide a unitary, government-wide schedule of fees. The Commission based its FOIA Fee Schedule on the grade level of the employee who processes the request. Thus, the Fee Schedule was computed at a Step 5 of each grade level based on the General Schedule effective January 1987 (including 20 percent for personnel benefits). The Commission’s rules provide that the Fee Schedule will be modified periodically to correspond with modifications in the rate of pay approved by Congress. See 47 CFR 0.467(a)(1) note. In an Order adopted on February 21, 2008 and released on February 29, 2008 (DA 08–307), the Managing Director revised the schedule of fees set forth in 47 CFR 0.467 for the recovery of the full, allowable direct costs of searching for and reviewing agency records requested pursuant to the FOIA and the Commission’s rules, 47 CFR 0.460 and 0.461. The revisions correspond to modifications in the rate of pay, which was approved by Congress. These modifications to the Fee Schedule do not require notice and comment because they merely update the Fee Schedule to correspond to modifications in rates of pay, as required under the current rules. The Commission will not distribute copies of this Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the rules are a matter of agency organization, procedure, or practice that do not E:\FR\FM\04MRR1.SGM 04MRR1 11562 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations substantially affect the rights or obligations of non-agency parties. Accordingly, pursuant to the authority contained in § 0.231(b) of the Commission’s rules, 47 CFR 0.231 (b), it is hereby ordered, that, effective on March 4, 2008, the Fee Schedule contained in § 0.467 of the Commission’s rules, 47 CFR 0.467, is amended, as described herein. List of Subjects in 47 CFR Part 0 For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 0 as follows: I PART 0—COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: I Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted. 2. Section 0.467 is amended by revising the table following paragraph (a)(1) and its note, and by revising paragraph (a)(2) to read as follows: I Search and review fees. (a)(1) * * * Hourly fee Grade GS–1 ............................................... GS–2 ............................................... GS–3 ............................................... GS–4 ............................................... GS–5 ............................................... GS–6 ............................................... GS–7 ............................................... GS–8 ............................................... GS–9 ............................................... GS–10 ............................................. GS–11 ............................................. GS–12 ............................................. GS–13 ............................................. GS–14 ............................................. GS–15 ............................................. rwilkins on PROD1PC63 with RULES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF95 Rule Changes $13.43 14.62 16.48 18.49 20.69 23.06 25.63 28.38 31.36 34.52 37.93 45.47 54.06 63.89 75.14 Note: These fees will be modified periodically to correspond with modifications in the rate of pay approved by Congress. (2) The fees in paragraph (a)(1) of this section were computed at Step 5 of each grade level based on the General Schedule effective January 2008 and 16:18 Mar 03, 2008 BILLING CODE 6712–01–P [Docket No. 070213033–7033–01] Federal Communications Commission. Anthony J. Dale, Managing Director. VerDate Aug<31>2005 [FR Doc. E8–4129 Filed 3–3–08; 8:45 am] 50 CFR Part 679 Freedom of information. § 0.467 include 20 percent for personnel benefits. * * * * * Jkt 214001 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the A season apportionment of the 2008 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective February 28, 2008, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season apportionment of the 2008 Pacific cod TAC specified for vessels using jig gear in the BSAI is 1,281 metric tons (mt) as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008), for the period 1200 hrs, A.l.t., January 1, 2008, through 1200 hrs, A.l.t., April 30, 2008. See § 679.20(a)(7)(ii)(A), § 679.20(c)(3)(iii), and § 679.20(c)(5). PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 The Acting Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 1,200 mt of the A season apportionment of the 2008 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,200 mt of Pacific cod from the A season jig gear apportionment to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) are revised as follows: 81 mt to the A season apportionment for vessels using jig gear and 4,233 mt to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified from jig vessels to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 25, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Rules and Regulations]
[Pages 11561-11562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4129]


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FEDERAL COMMUNICATION COMMISSION

47 CFR PART 0

[DA 08-307]


Freedom of Information Act

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission is modifying a section 
of the Commission's rules that implement the Freedom of Information Act 
(FOIA) Fee Schedule. This modification pertains to the charge for 
recovery of the full, allowable direct costs of searching for and 
reviewing records requested under the FOIA and the Commission's rules, 
unless such fees are restricted or waived. The fees are being revised 
to correspond to modifications in the rate of pay approved by Congress.

DATES: Effective March 4, 2008.

FOR FURTHER INFORMATION: Shoko B. Hair, Freedom of Information Act 
Public Liaison, Office of Performance Evaluation and Records 
Management, Room 1-A827, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554, (202) 418-1379 or via Internet at 
shoko.hair@fcc.gov.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission is 
modifying Sec.  0.467(a) of the Commission's rules. This rule pertains 
to the charges for searching and reviewing records requested under the 
FOIA. The FOIA requires federal agencies to establish a schedule of 
fees for the processing of requests for agency records in accordance 
with fee guidelines issued by the Office of Management and Budget 
(OMB). In 1987, OMB issued its Uniform Freedom of Information Act Fee 
Schedule and Guidelines. However, because the FOIA requires that each 
agency's fees be based upon its direct costs of providing FOIA 
services, OMB did not provide a unitary, government-wide schedule of 
fees. The Commission based its FOIA Fee Schedule on the grade level of 
the employee who processes the request. Thus, the Fee Schedule was 
computed at a Step 5 of each grade level based on the General Schedule 
effective January 1987 (including 20 percent for personnel benefits). 
The Commission's rules provide that the Fee Schedule will be modified 
periodically to correspond with modifications in the rate of pay 
approved by Congress. See 47 CFR 0.467(a)(1) note.
    In an Order adopted on February 21, 2008 and released on February 
29, 2008 (DA 08-307), the Managing Director revised the schedule of 
fees set forth in 47 CFR 0.467 for the recovery of the full, allowable 
direct costs of searching for and reviewing agency records requested 
pursuant to the FOIA and the Commission's rules, 47 CFR 0.460 and 
0.461. The revisions correspond to modifications in the rate of pay, 
which was approved by Congress.
    These modifications to the Fee Schedule do not require notice and 
comment because they merely update the Fee Schedule to correspond to 
modifications in rates of pay, as required under the current rules. The 
Commission will not distribute copies of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the rules 
are a matter of agency organization, procedure, or practice that do not

[[Page 11562]]

substantially affect the rights or obligations of non-agency parties.
    Accordingly, pursuant to the authority contained in Sec.  0.231(b) 
of the Commission's rules, 47 CFR 0.231 (b), it is hereby ordered, 
that, effective on March 4, 2008, the Fee Schedule contained in Sec.  
0.467 of the Commission's rules, 47 CFR 0.467, is amended, as described 
herein.

List of Subjects in 47 CFR Part 0

    Freedom of information.

Federal Communications Commission.
Anthony J. Dale,
Managing Director.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Section 0.467 is amended by revising the table following paragraph 
(a)(1) and its note, and by revising paragraph (a)(2) to read as 
follows:


Sec.  0.467  Search and review fees.

    (a)(1) * * *

------------------------------------------------------------------------
                                                                 Hourly
                             Grade                                 fee
------------------------------------------------------------------------
GS-1..........................................................    $13.43
GS-2..........................................................     14.62
GS-3..........................................................     16.48
GS-4..........................................................     18.49
GS-5..........................................................     20.69
GS-6..........................................................     23.06
GS-7..........................................................     25.63
GS-8..........................................................     28.38
GS-9..........................................................     31.36
GS-10.........................................................     34.52
GS-11.........................................................     37.93
GS-12.........................................................     45.47
GS-13.........................................................     54.06
GS-14.........................................................     63.89
GS-15.........................................................     75.14
------------------------------------------------------------------------


    Note: These fees will be modified periodically to correspond 
with modifications in the rate of pay approved by Congress.

    (2) The fees in paragraph (a)(1) of this section were computed at 
Step 5 of each grade level based on the General Schedule effective 
January 2008 and include 20 percent for personnel benefits.
* * * * *
 [FR Doc. E8-4129 Filed 3-3-08; 8:45 am]
BILLING CODE 6712-01-P
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