Critical Energy Information Infrastructure, 45609-45610 [E8-18040]
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
Administration Order 7400.9R, Airspace
Designation and Reporting Points,
signed August 15, 2007, and effective
September 15, 2007, is amended as
follows:
Paragraph 6002 Class E2 airspace areas
extending upward from the surface of the
earth.
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BILLING CODE 4910–13–M
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 388
[Docket No. RM06–23–000]
Critical Energy Information
Infrastructure
Federal Energy Regulatory
Commission, DOE.
ACTION: Correcting amendment.
AGENCY:
yshivers on PROD1PC62 with RULES
SUMMARY: This document contains
corrections to the final regulations
(Docket No. RM06–23–000) which were
published in the Federal Register of
Wednesday, November 14, 2007. The
final rule document amended
regulations for gaining access to critical
energy infrastructure information (CEII).
DATES: Effective Date: August 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Jeffrey H. Kaplan, Office of the General
Counsel, 888 First Street, NE.,
Washington, DC 20426, 202–502–8305.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of these corrections amended 18
CFR 388.109 and affect the
Commission’s fees for records requests.
13:49 Aug 05, 2008
Confidential business information,
Freedom of information.
I Accordingly, 18 CFR part 388 is
corrected by making the following
correcting amendment:
PART 388—INFORMATION AND
REQUESTS
1. The authority citation for part 388
continues to read as follows:
I
Authority: 5 U.S.C. 301–305, 551, 552 (as
amended), 553–557, 41 U.S.C. 7101–7352.
2. Section 388.109(b) is amended by
adding paragraphs (b)(1), (b)(2), (b)(3),
(b)(4) and (b)(5) to read as follows:
I
Issued in Fort Worth, TX, on July 3, 2008.
Richard H. Farrell, III,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. E8–17560 Filed 8–5–08; 8:45 am]
VerDate Aug<31>2005
As published, the final regulations
contained errors which involved the
removal of subparagraphs from 18 CFR
388.109(b). These subparagraphs
contain critical information addressing
fees for records requests.
List of Subjects in 18 CFR Part 388
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ASW OK E2 Lexington, OK [New]
Muldrow Army Heliport, OK
(Lat. 35°01′35″ N., long. 97°13′54″ W.)
Muldrow NDB
(Lat. 35°01′44″ N., long. 97°13′50″ W.)
That airspace extending upward from the
surface to and including 3,600 feet above
mean sea level (MSL) within a 3.7-mile
radius of the Muldrow Army Heliport and
within 3 miles each side of the 355° bearing
from the Muldrow NDB extending from the
3.7-mile radius of the heliport to 6.8 miles
north of the heliport.
*
Need for Correction
Jkt 214001
§ 388.109
Fees for record requests.
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(b) * * *
(1) Definitions: For the purpose of
paragraph (b) of this section.
(i) Commercial use request means a
request from or on behalf of one who
seeks information for a use or purpose
that furthers commercial trade, or profit
interests as these phrases are commonly
known or have been interpreted by the
courts in the context of the Freedom of
Information Act.
(ii) Educational institution refers to a
preschool, a public or private
elementary or secondary school, an
institution of graduate higher education,
an institution of undergraduate higher
education, an institution of professional
education, and an institution of
vocational education, which operates a
program of scholarly research.
(iii) Noncommercial scientific
institution refers to an installation that
is not operated on a commercial basis
and which is operated solely for the
purpose of conducting scientific
research the results of which are not
intended to promote any particular
product or industry.
(iv) Representatives of the news media
refers to any person actively gathering
news for an entity that is organized and
operated to publish or broadcast news to
the public. The term news means
information that is about current events
that would be of current interest to the
public. Examples of news media entities
include television or radio stations
broadcasting to the public at large, and
publishers of periodicals (but only in
those instances when the periodicals
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
45609
can qualify as disseminations of
‘‘news’’) who make their products
available for purchase or subscription
by the general public. These examples
are not intended to be all-inclusive.
Moreover, as traditional methods of
news delivery evolve (e.g. electronic
dissemination of newspapers through
telecommunication services), such
alternative media may be included in
this category. A freelance journalist may
be regarded as working for a news
organization if the journalist can
demonstrate a solid basis for expecting
publication through that organization,
even though the journalist is not
actually employed by the news
organization. A publication contract
would be the clearest proof, but the
Commission may also look to the past
publication record of a requester in
making this determination.
(2) Fees. (i) If documents are
requested for commercial use, the
Commission will charge the employee’s
hourly pay rate plus 16% for benefits for
document search time and for document
review time, and 15 cents per page for
duplication. Commercial use requests
are not entitled to two hours of free
search time or 100 free pages of
reproduction of documents.
(ii) If documents are not sought for
commercial use and the request is made
by an educational or non-commercial
scientific institution, whose purpose is
scholarly or scientific research, or a
representative of the news media, the
Commission will charge 15 cents per
page for duplication. There is no charge
for the first 100 pages.
(iii) For a request not described in
paragraphs (b)(2)(i) or (ii) of this section,
the Commission will charge the
employees hourly pay rate plus 16
percent for benefits for document search
and 15 cents per page for duplication.
There is no charge for the first 100 pages
of reproduction and the first two hours
of search time will be furnished without
charge.
(iv) The Director, Office of External
Affairs, will normally provide
documents by regular mail, with postage
prepaid by the Commission. However,
the requester may authorize special
delivery, such as express mail, at the
requester’s own expense.
(v) The Commission, or its designee,
may establish minimum fees below
which no charges will be collected, if it
determines that the costs of routine
collection and processing of the fees are
likely to equal or exceed the amount of
the fees. If total fees assessed by
Commission staff for a Freedom of
Information Act request are less than the
appropriate threshold, the Commission
may not charge the requesters.
E:\FR\FM\06AUR1.SGM
06AUR1
yshivers on PROD1PC62 with RULES
45610
Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
(vi) Payment of fees must be by check
or money order made payable to the
U.S. Treasury.
(vii) Requesters may not file multiple
requests at the same time, each seeking
portions of a document or documents,
solely in order to avoid payment of fees.
When the Commission reasonably
believes that a requester, or a group of
requesters acting in concert, is
attempting to break a request down into
a series of requests for the purpose of
evading assessment of fees, or otherwise
reasonably believes that two or more
requests constitute a single request, the
Commission may aggregate any such
requests accordingly. The Commission
will not aggregate multiple requests on
unrelated subjects from a requester.
Aggregated requests may qualify for an
extension of time under § 388.110(b).
(3) Fees for unsuccessful search. The
Commission may assess charges for time
spent searching, even if it fails to locate
the records, or if records located are
determined to be exempt from
disclosure. If the Commission estimates
that search charges are likely to exceed
$25, it will notify the requester of the
estimated amount of search fees, unless
the requester has indicated in advance
willingness to to pay fees as high as
those anticipated. The requester can
meet with Commission personnel with
the object of reformulating the request to
meet his or her needs at a lower cost.
(4) Interest—notice and rate. The
Commission will assess interest charges
on an unpaid bill starting on the 31st
day following the day on which the
billing was sent. Interest will be at the
rate prescribed in 31 U.S.C. 3717 and
will accrue from the date of the billing.
(5) Advance payments. The
Commission will require a requester to
make an advance payment, i.e.,
payments before work is commenced or
continued on a request, if:
(i) The Commission estimates or
determines that allowable charges that a
requester may be required to pay are
likely to exceed $250. The Commission
will notify the requester of the estimated
cost and either require satisfactory
assurance of full payment where the
requester has a history of prompt
payment of fees, or require advance
payment of charges if a requester has no
history of payment; or
(ii) A requester has previously failed
to pay a fee charged in a timely fashion.
The Commission will require the
requester to pay the full amount owed
plus any applicable interest, and to
make an advance payment of the full
amount of the estimated fee before the
Commission will begin to process a new
request or a pending request from that
requester. When the Commission
VerDate Aug<31>2005
13:49 Aug 05, 2008
Jkt 214001
requires advance payment or an
agreement to pay under this paragraph,
or under § 388.108(a)(5), the
administrative time limits prescribed in
this part will begin only after the
Commission has received the required
payments, or agreements.
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Kimberly D. Bose,
Secretary.
[FR Doc. E8–18040 Filed 8–5–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
[Docket No. 2008–N–0039]
Oral Dosage Form New Animal Drugs;
Oxfendazole Suspension
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
FOR FURTHER INFORMATION CONTACT:
Donald A. Prater, Center for Veterinary
Medicine (HFV–130), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8343, email: donald.prater@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Fort
Dodge Animal Health, Division of
Wyeth, 800 Fifth St. NW., Fort Dodge,
IA 50501, filed a supplement to NADA
140–854 for SYNANTHIC (oxfendazole)
Bovine Dewormer Suspension,
approved for oral use in cattle for the
removal of various internal parasites.
The supplemental NADA provides for
revised scientific nomenclature for a
parasite. The supplemental application
is approved as of July 7, 2008, and the
regulations are amended in 21 CFR
520.1630 to reflect the approval.
Approval of this supplemental NADA
did not require review of additional
safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
Frm 00006
Fmt 4700
List of Subjects in 21 CFR Part 520
Animal drugs.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
I
Authority: 21 U.S.C. 360b.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by Fort
Dodge Animal Health, Division of
Wyeth. The supplemental NADA
provides for revised scientific
nomenclature for an internal parasite for
which oxfendazole suspension is used
orally in cattle.
DATES: This rule is effective August 6,
2008.
SUMMARY:
PO 00000
The agency has determined under 21
CFR 25.33(a)(1) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
Sfmt 4700
2. In § 520.1630, in paragraph
(e)(2)(ii), remove ‘‘C. mcmasteri’’ and in
its place add ‘‘C. surnabada’’; and revise
paragraph (e)(2)(iii) to read as follows:
I
§ 520.1630
Oxfendazole suspension.
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(e) * * *
(2) * * *
(iii) Limitations. Cattle must not be
slaughtered until 7 days after treatment.
Because a withdrawal time in milk has
not been established, do not use in
female dairy cattle of breeding age.
Dated: July 24, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–18092 Filed 8–5–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
[Docket No. FDA–2008–N–0039]
Oral Dosage Form New Animal Drugs;
Amprolium
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Rules and Regulations]
[Pages 45609-45610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18040]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 388
[Docket No. RM06-23-000]
Critical Energy Information Infrastructure
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
(Docket No. RM06-23-000) which were published in the Federal Register
of Wednesday, November 14, 2007. The final rule document amended
regulations for gaining access to critical energy infrastructure
information (CEII).
DATES: Effective Date: August 6, 2008.
FOR FURTHER INFORMATION CONTACT: Jeffrey H. Kaplan, Office of the
General Counsel, 888 First Street, NE., Washington, DC 20426, 202-502-
8305.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
amended 18 CFR 388.109 and affect the Commission's fees for records
requests.
Need for Correction
As published, the final regulations contained errors which involved
the removal of subparagraphs from 18 CFR 388.109(b). These
subparagraphs contain critical information addressing fees for records
requests.
List of Subjects in 18 CFR Part 388
Confidential business information, Freedom of information.
0
Accordingly, 18 CFR part 388 is corrected by making the following
correcting amendment:
PART 388--INFORMATION AND REQUESTS
0
1. The authority citation for part 388 continues to read as follows:
Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557, 41
U.S.C. 7101-7352.
0
2. Section 388.109(b) is amended by adding paragraphs (b)(1), (b)(2),
(b)(3), (b)(4) and (b)(5) to read as follows:
Sec. 388.109 Fees for record requests.
* * * * *
(b) * * *
(1) Definitions: For the purpose of paragraph (b) of this section.
(i) Commercial use request means a request from or on behalf of one
who seeks information for a use or purpose that furthers commercial
trade, or profit interests as these phrases are commonly known or have
been interpreted by the courts in the context of the Freedom of
Information Act.
(ii) Educational institution refers to a preschool, a public or
private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program of scholarly research.
(iii) Noncommercial scientific institution refers to an
installation that is not operated on a commercial basis and which is
operated solely for the purpose of conducting scientific research the
results of which are not intended to promote any particular product or
industry.
(iv) Representatives of the news media refers to any person
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public. The term news means
information that is about current events that would be of current
interest to the public. Examples of news media entities include
television or radio stations broadcasting to the public at large, and
publishers of periodicals (but only in those instances when the
periodicals can qualify as disseminations of ``news'') who make their
products available for purchase or subscription by the general public.
These examples are not intended to be all-inclusive. Moreover, as
traditional methods of news delivery evolve (e.g. electronic
dissemination of newspapers through telecommunication services), such
alternative media may be included in this category. A freelance
journalist may be regarded as working for a news organization if the
journalist can demonstrate a solid basis for expecting publication
through that organization, even though the journalist is not actually
employed by the news organization. A publication contract would be the
clearest proof, but the Commission may also look to the past
publication record of a requester in making this determination.
(2) Fees. (i) If documents are requested for commercial use, the
Commission will charge the employee's hourly pay rate plus 16% for
benefits for document search time and for document review time, and 15
cents per page for duplication. Commercial use requests are not
entitled to two hours of free search time or 100 free pages of
reproduction of documents.
(ii) If documents are not sought for commercial use and the request
is made by an educational or non-commercial scientific institution,
whose purpose is scholarly or scientific research, or a representative
of the news media, the Commission will charge 15 cents per page for
duplication. There is no charge for the first 100 pages.
(iii) For a request not described in paragraphs (b)(2)(i) or (ii)
of this section, the Commission will charge the employees hourly pay
rate plus 16 percent for benefits for document search and 15 cents per
page for duplication. There is no charge for the first 100 pages of
reproduction and the first two hours of search time will be furnished
without charge.
(iv) The Director, Office of External Affairs, will normally
provide documents by regular mail, with postage prepaid by the
Commission. However, the requester may authorize special delivery, such
as express mail, at the requester's own expense.
(v) The Commission, or its designee, may establish minimum fees
below which no charges will be collected, if it determines that the
costs of routine collection and processing of the fees are likely to
equal or exceed the amount of the fees. If total fees assessed by
Commission staff for a Freedom of Information Act request are less than
the appropriate threshold, the Commission may not charge the
requesters.
[[Page 45610]]
(vi) Payment of fees must be by check or money order made payable
to the U.S. Treasury.
(vii) Requesters may not file multiple requests at the same time,
each seeking portions of a document or documents, solely in order to
avoid payment of fees. When the Commission reasonably believes that a
requester, or a group of requesters acting in concert, is attempting to
break a request down into a series of requests for the purpose of
evading assessment of fees, or otherwise reasonably believes that two
or more requests constitute a single request, the Commission may
aggregate any such requests accordingly. The Commission will not
aggregate multiple requests on unrelated subjects from a requester.
Aggregated requests may qualify for an extension of time under Sec.
388.110(b).
(3) Fees for unsuccessful search. The Commission may assess charges
for time spent searching, even if it fails to locate the records, or if
records located are determined to be exempt from disclosure. If the
Commission estimates that search charges are likely to exceed $25, it
will notify the requester of the estimated amount of search fees,
unless the requester has indicated in advance willingness to to pay
fees as high as those anticipated. The requester can meet with
Commission personnel with the object of reformulating the request to
meet his or her needs at a lower cost.
(4) Interest--notice and rate. The Commission will assess interest
charges on an unpaid bill starting on the 31st day following the day on
which the billing was sent. Interest will be at the rate prescribed in
31 U.S.C. 3717 and will accrue from the date of the billing.
(5) Advance payments. The Commission will require a requester to
make an advance payment, i.e., payments before work is commenced or
continued on a request, if:
(i) The Commission estimates or determines that allowable charges
that a requester may be required to pay are likely to exceed $250. The
Commission will notify the requester of the estimated cost and either
require satisfactory assurance of full payment where the requester has
a history of prompt payment of fees, or require advance payment of
charges if a requester has no history of payment; or
(ii) A requester has previously failed to pay a fee charged in a
timely fashion. The Commission will require the requester to pay the
full amount owed plus any applicable interest, and to make an advance
payment of the full amount of the estimated fee before the Commission
will begin to process a new request or a pending request from that
requester. When the Commission requires advance payment or an agreement
to pay under this paragraph, or under Sec. 388.108(a)(5), the
administrative time limits prescribed in this part will begin only
after the Commission has received the required payments, or agreements.
* * * * *
Kimberly D. Bose,
Secretary.
[FR Doc. E8-18040 Filed 8-5-08; 8:45 am]
BILLING CODE 6717-01-P
