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10954 Federal Register / Vol. 72, No.

47 / Monday, March 12, 2007 / Proposed Rules

to request a copy of Advisory Circular PART 71—DESIGNATION OF CLASS A, BROADCASTING BOARD OF


No. 11–2A, Notice of Proposed CLASS B, CLASS C, CLASS D, AND GOVERNORS
Rulemaking Distribution System, which CLASS E AIRSPACE AREAS; ROUTES;
describes the application procedures. AND REPORTING POINTS 22 CFR Part 504
The Proposal Testimony by BBG Employees,
1. The authority citation for 14 CFR
Production of Official Records, and
The FAA is considering an part 71 continues to read as follows:
Disclosure of Official Information in
amendment to 14 CFR part 71 by Authority: 49 U.S.C. 106(g), 40103, 40113, Legal Proceedings
modifying the Class E airspace area at 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
St. Johns Industrial Air Park, St. Johns, 1963 Comp., p. 389. AGENCY: Broadcasting Board of
AZ. The establishment of an Area Governors.
Navigation (RNAV) Global Positioning § 71.1 [Amended] ACTION: Proposed Rule; Comment
System (GPS) Standard Instrument Request.
2. The incorporation by reference in
Approach Procedure (SIAP) to Runway
32 at St. Johns Industry Air Park, St. 14 CFR 71.1 of the Federal Aviation SUMMARY: The Broadcasting Board of
Johns, AZ, has made this proposal Administration Order 7400.9N, Governors (BBG) seeks public comment
necessary. Airspace Designations and Reporting on a proposed rule that would govern
Points, dated September 1, 2006, and access to BBG information and records
Additional controlled airspace Effective, September 15, 2006, is in connection with legal proceedings in
extending upward from 700 feet above which neither the United States nor the
amended as follows:
the surface is needed to contain aircraft BBG is a party. The rule would establish
executing the RNAV (GPS) IAP to RWY Paragraph 6005 Class E airspace areas
guidelines for use in determining
32 at St. Johns Industrial Air Park, St. extending upward from 700 feet or more
whether BBG employees will be
Johns, AZ. The intended effect of this above the surface of the earth.
permitted to testify or to provide records
proposal is to provide adequate * * * * * relating to their official duties. The rule
controlled airspace for aircraft executing would also establish procedures that
AWP AZ E5 St. Johns, AZ [Amended]
the RNAV (GPS) IAP to RWY 32 at St. requesters would have to follow when
Johns Industrial Air Park, St. Johns, AZ. St. Johns Industrial Air Park, AZ
making demands on or requests to a
Class E airspace designations are (Lat. 34°31′07″ N., long. 109°22′44″ W.)
BBG employee for official documents or
published in paragraph 60005 of FAA St. Johns VORTAC
to provide testimony. The proposed rule
Order 7400.9P dated September 1, 2006, (Lat. 34°25′27″ N., long. 109°08′37″ W.)
will promote uniformity in decisions,
and effective September 15, 2006, which That airspace extending upward from 700 conserve the ability of BBG to conduct
is Incorporated by reference in 14 CFR feet above the surface within 4.3 miles each official business, preserve its employee
71.1. The Class E airspace designation side of the St. Johns VORTAC 296° radial resources, protect confidential
listed in this document would be extending from the St. Johns VORTAC to 23 information, provide guidance to
published subsequently in this Order. miles northwest of the VORTAC, and that requestors, minimize involvement in
airspace beginning at lat. 34°23′30″ N., long. matters unrelated to its mission and
The FAA has determined that this
109°14′30″ W., to lat. 34°22′00″ N., long. programs, avoid wasteful allocation of
proposed regulation only involves an
109°20′00″ W., to lat. 34°26′00″ N., long. agency resources, and avoid spending
established body of technical
109°21′00″ W., to the point of beginning.
regulations for which frequent and public time and money for private
That airspace extending upward from 1,200
routine amendments are necessary to purposes.
feet above the surface within 8.7 miles
keep them operationally current. southeast and 6.1 miles northwest of the St. DATES: Comments must be received on
Therefore, this proposed regulation—(1) Johns VORTAC 067° and 247° radials, or before April 11, 2007.
Is not a ‘‘significant regulatory action’’ extending from the 7.8 miles northeast to ADDRESSES: Send or deliver comments
under Executive Order 12866; (2) is not 17.4 miles southwest of the VORTAC, to the Office of the General Counsel,
a ‘‘significant rule’’ under DOT excluding the portion within the state of New Broadcasting Board of Governors, 330
Regulatory Policies and Procedures (44 Mexico, and that airspace beginning at lat. Independence Ave., SW., Washington,
FR 11034; February 26, 1979); and (3) 34°47′41″ N., long. 109°49′22″ W., to lat. DC 20237 by mail or fax at (202) 203–
does not warrant preparation of a 34°42′54″ N., long. 109°35′03″ W., to lat. 4585.
regulatory evaluation as the anticipated 34°40′56″ N., long. 109°37′33″ W., to lat. FOR FURTHER INFORMATION CONTACT:
impact is so minimal. Since this is a 34°47′33″ N., long. 109°54′19″ W., to the Christopher Veith, Assistant General
routine matter that will only affect air point of beginning and that airspace bounded Counsel, Broadcasting Board of
traffic procedures and air navigation, it by lat. 34°37′06″ N., long. 109°48′33″ W., to Governors, 330 Independence Ave.,
is certified that this proposed rule lat. 34°28′39″ N., long. 109°27′29″ W., to lat. SW., Washington, DC 20237, phone:
would not have a significant economic 34°26′21″ N., long. 109°41′35″ W., to lat. (202) 203–4550 or fax at (202) 203–4585.
impact on a substantial number of small 34°33′51″ N., long. 19°52′12″ W., to the point
SUPPLEMENTARY INFORMATION:
entities under the criteria of the of beginning.
Regulatory Flexibility Act. * * * * * Background
List of Subjects in 14 CFR Part 71 Issued in Los Angeles, California, on The BBG occasionally receives
February 12, 2007. subpoenas and other informal requests
Airspace, Incorporation by reference, for documents and requests for BBG
Navigation (air). Teri L. Bristol,
employees to provide testimony or
Acting Director of Terminal Operations, evidence in cases in which the BBG is
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The Proposed Amendment Western Service Area. not a party. Usually these subpoenas or
In consideration of the foregoing, the [FR Doc. 07–1127 Filed 3–9–07; 8:45 am] requests are for BBG records that are not
Federal Aviation Administration BILLING CODE 4910–13–M available to the public under the
proposes to amend 14 CFR part 71 as Freedom of Information Act. The BBG
follows: may also receive a request for an

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Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 10955

employee to provide testimony relating as provided in the rule. They would not Subpart C—Schedule of Fees
to materials contained in BBG’s official be prohibited from testifying about 504.14 Fees.
records or to provide testimony or general matters unconnected with the
Subpart D—Penalties
information acquired by a BBG specific BBG matters for which they had
employee during the performance of the responsibility. 504.15 Penalties.
employee’s official duties. This rule will ensure a more efficient Authority: 22 U.S.C. 6204.
Although the BBG has rules governing use of the BBG’s resources, minimize
requests for information from the the possibility of involving the BBG in Subpart A—General Provisions
general public, the BBG currently has no issues unrelated to its responsibilities, 504.1 Scope and purpose.
regulations governing subpoenas and promote uniformity in responding to
other informal requests for document (a) These regulations in this subpart
such subpoenas and like requests, and
production and testimony of BBG establish policy, assign responsibilities
maintain the impartiality of the BBG in
employees in legal proceedings. An and prescribe procedures with respect
matters that are in dispute between
increase in such requests in recent years to:
other parties. It will also serve the BBG’s (1) The production or disclosure of
warrants adoption of regulations interest in protecting sensitive,
governing their submission, evaluation, official information or records by BBG
confidential, and privileged information employees, and
and processing. Responding to these and records that are generated in (2) The testimony of current and
requests and subpoenas is not only fulfillment of the BBG’s statutory former BBG employees, relating to
burdensome, may result in a significant responsibilities. official information, official duties, or
disruption of a BBG employee’s work This rule is internal and procedural
schedule and possibly involve the BBG the BBG’s records, in connection with
rather than substantive. It does not federal or state litigation in which the
in issues unrelated to its create a right to obtain official records
responsibilities. In order to resolve these BBG is not a party.
or the official testimony of a BBG (b) The BBG intends these provisions
problems, many agencies have issued employee nor does it create any to:
regulations, similar to the proposed additional right or privilege not already (1) Conserve the time of BBG
regulation, governing the circumstances available to the BBG to deny any employees for conducting official
and manner in which an employee may demand or request for testimony or business;
respond to demands for testimony or for documents. Failure to comply with the (2) Minimize the involvement of BBG
the production of documents. procedures set out in these regulations employees in issues unrelated to BBG’s
Establishing uniform procedures for would be a basis for denying a demand mission;
legal processes will ensure timely notice or request submitted to the BBG. (3) Maintain the impartiality of BBG
and promote centralized decision- employees in disputes between private
making. The United States Supreme List of Subjects in 22 CFR Part 504
litigants; and
Court upheld this type of regulation in Administrative practice and (4) Protect sensitive, confidential
United States ex rel. Touhy v. Ragen, procedure. information and the deliberative
340 U.S. 462 (1951). For the reasons stated in the processes of the BBG.
Briefly summarized, the proposed preamble, the Broadcasting Board of (c) In providing for these
rule will prohibit disclosure of Governors proposes to amend 22 CFR, requirements, the BBG does not waive
nonpublic official records or testimony Chapter V, by adding part 504, to read the sovereign immunity of the United
by the BBG’s employees, as defined in as follows: States.
part 504.4, unless there is compliance (d) This part provides guidance for
with the rule. The proposed rule sets PART 504—TESTIMONY BY BBG the internal operations of BBG. It does
out the information that requesters must EMPLOYEES, PRODUCTION OF not create any right or benefit,
provide and the factors that the BBG OFFICIAL RECORDS, AND substantive or procedural, that a party
will consider in making determinations DISCLOSURE OF OFFICIAL may rely upon in any legal proceeding
in response to requests for testimony or INFORMATION IN LEGAL against the United States.
the production of documents. PROCEEDINGS
The charges for witnesses are the § 504.2 Applicability.
same as those provided in Federal Subpart A—General Provisions This part applies to demands and
courts and the fees related to production Sec. requests to current and former
of records are the same as those charged 504.1 Scope and purpose. employees for factual or expert
under FOIA. The charges for time spent 504.2 Applicability. testimony relating to official
by an employee to prepare for testimony 504.3 Definitions. information or official duties or for
and for searches, copying, and Subpart B—Demands or Requests for production of official records or
certification of records by the BBG are Testimony and Production of Documents information, in legal proceedings in
authorized under 31 U.S.C. 9701, which 504.4 General prohibition. which the BBG is not a named party.
permits an agency to charge for services 504.5 Factors the BBG will consider. This part does not apply to:
or things of value that are provided by 504.6 Filing requirements for litigants (a) Demands upon or requests for a
the agency. seeking documents or testimony. BBG employee to testify as to facts or
This rule applies to a range of matters 504.7 Service of requests or demands. events that are unrelated to his or her
in any legal proceeding in which the 504.8 Processing requests or demands. official duties or that are unrelated to
BBG is not a named party and applies 504.9 Final determinations. the functions of the BBG;
to current and former BBG employees. 504.10 Restrictions that apply to testimony. (b) Demands upon or requests for a
Both current and former BBG employees 504.11 Restrictions that apply to released
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records.
former BBG employee to testify as to
are prohibited by 18 U.S.C. 1905 from 504.12 Procedure when a decision is not matters in which the former employee
testifying about specific matters made prior to the time a response is was not directly or materially involved
involving information for which they required. while at the BBG;
had responsibility during their active 504.13 Procedure in the event of an adverse (c) Requests for the release of records
employment unless permitted to testify ruling. under the Freedom of Information Act,

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10956 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules

5 U.S.C. 552, or the Privacy Act, 5 action, or proceeding or administrative otherwise protected information, or
U.S.C. 552a; or action conducted in a foreign country, information which would otherwise be
(d) Congressional demands and in which the BBG is not a party, no BBG inappropriate for release;
requests for testimony, records or employee shall, in response to a (i) Disclosure would impede or
information. demand or request for official records or interfere with an ongoing law
information, furnish or produce enforcement investigation or
§ 504. 3 Definitions. proceeding, or compromise
documents or testimony as to any
The following definitions apply to material contained in BBG files, any constitutional rights or national security
this part: information relating to or based upon interests;
(a) Demand means an order, (j) Disclosure would result in the BBG
material contained in BBG files, or any
subpoena, or other command of a court appearing to favor one litigant over
information or material acquired as part
or other competent authority for the another;
of the performance of that person’s
production, disclosure, or release of (k) Whether the request was served
official duties (or because of that
records or for the appearance and before the demand;
person’s official status) without the
testimony of a BBG employee in a legal (l) A substantial Government interest
proceeding. prior written approval of the General
Counsel. is implicated;
(b) General Counsel means the (m) The demand or request is within
General Counsel of the BBG or a person (b) Whenever a request or demand for
the authority of the party making it; and
to whom the General Counsel has information is made upon a BBG
(n) The demand or request is
delegated authority under this part. employee, the employee, wherever sufficiently specific to be answered and/
(c) Legal proceeding means any matter located, shall immediately prepare a or can be limited to information to that
before a court of law, administrative report that specifically describes the which would be consistent with the
board or tribunal, commission, testimony or documents sought and factors specified herein.
administrative law judge, hearing officer immediately notify the General Counsel.
or other body that conducts a legal or The BBG employee shall then await § 504. 6 Filing requirements for litigants
instructions from the General Counsel seeking documents or testimony.
administrative proceeding. Legal
proceeding includes all phases of concerning a response to the request or A litigant must comply with the
litigation. demand. The failure of any BBG following requirements when filing a
(d) BBG means the Broadcasting employee to follow the procedures request for official records and
Board of Governors. specified in this subpart neither creates information or testimony under this
(e) BBG employee means: nor confers any rights, privileges, or subpart. A request should be filed before
(1) Any current or former employee of benefits on any person or party. a demand.
the BBG. (a) The request must be in writing and
§ 504.5 Factors the BBG will consider. must be submitted to the General
(2) This definition does not include
persons who are no longer employed by The General Counsel, in his or her Counsel.
the BBG and who agree to testify about sole discretion, may grant an employee (b) The written request must contain
general matters, matters available to the permission to testify on matters relating the following information:
public, or matters with which they had to official information, or produce (1) The caption of the legal
no specific involvement or official records and information, in proceeding, docket number, and name
responsibility during their employment response to a demand or request. and address of the court or other
with the BBG. Among the relevant factors that the authority involved;
(f) Records or official records and General Counsel may consider in (2) A copy of the complaint or
information means all information in making this decision are whether: equivalent document setting forth the
the custody and control of the BBG, (a) The purposes of this part are met; assertions in the case and any other
relating to information in the custody (b) Allowing such testimony or pleading or document necessary to
and control of the BBG, or acquired by production of records would be show relevance;
a BBG employee in the performance of necessary to prevent a miscarriage of (3) A list of categories of records
his or her official duties or because of justice; sought, a detailed description of how
his or her official status, while the (c) Allowing such testimony or the information sought is relevant to the
individual was employed by the BBG. production of records would assist or issues in the legal proceeding, and a
(g) Request means any informal hinder the BBG in performing its specific description of the substance of
request, by whatever method, for the statutory duties; the testimony or records sought;
production of records and information (d) Allowing such testimony or (4) A statement as to how the need for
or for testimony which has not been production of records would be in the the information outweighs any need to
ordered by a court or other competent best interest of the BBG or the United maintain the confidentiality of the
authority. States; information and outweighs the burden
(h) Testimony means any written or (e) The records or testimony can be on the BBG to produce the records or
oral statements, including depositions, obtained from other sources; provide testimony;
answers to interrogatories, affidavits, (f) The demand or request is unduly (5) A statement indicating that the
declarations, interviews, and statements burdensome or otherwise inappropriate information sought is not available from
made by an individual in connection under the applicable rules of discovery another source, from other persons or
with a legal proceeding. or the rules of procedure governing the entities, or from the testimony of
case or matter in which the demand or someone other than a BBG employee,
Subpart B—Demands or Requests for request arose; such as a retained expert;
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Testimony and Production of (g) Disclosure would violate a statute, (6) If testimony is requested, the
Documents Executive Order or regulation; intended use of the testimony, and a
(h) Disclosure would reveal showing that no document could be
§ 504.4 General prohibition. confidential, sensitive, or privileged provided and used in lieu of testimony;
(a) In any United States federal, state, information, trade secrets or similar, (7) A description of all prior
and local proceeding or administrative confidential or financial information, decisions, orders, or pending motions in

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Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 10957

the case that bear upon the relevance of facilitate their use as evidence. If a § 504.11 Restrictions that apply to
the requested records or testimony; requester seeks certification, the released records.
(8) The name, address, and telephone requester must request certified copies (a) The General Counsel may impose
number of counsel to each party in the from the BBG at least 30 days before the conditions or restrictions on the release
case; and date they will be needed. The request of official records and information,
(9) An estimate of the amount of time should be sent to the BBG General including the requirement that parties to
that the requester and other parties will Counsel. the proceeding obtain a protective order
require for each BBG employee for time or execute a confidentiality agreement
§ 504.9 Final determinations. to limit access and any further
spent by the employee to prepare for
testimony, in travel, and for attendance The General Counsel makes the final disclosure. The terms of the protective
in the legal proceeding. determination on demands or requests order or of a confidentiality agreement
(c) The BBG reserves the right to to employees for production of official must be acceptable to the General
require additional information to records and information or testimony in Counsel. In cases where protective
complete the request where appropriate. litigation in which the BBG is not a orders or confidentiality agreements
(d) The request should be submitted party. All final determinations are have already been executed, the BBG
at least 30 days before the date that within the sole discretion of the General may condition the release of official
records or testimony is required. Counsel. The General Counsel will records and information on an
Requests submitted in less than 30 days notify the requester and, when amendment to the existing protective
before records or testimony is required appropriate, the court or other order or confidentiality agreement.
must be accompanied by a written competent authority of the final (b) If the General Counsel so
explanation stating the reasons for the determination, the reasons for the grant determines, original BBG records may
late request and the reasons for or denial of the request, and any be presented for examination in
expedited processing. conditions that the General Counsel response to a request, but they may not
(e) Failure to cooperate in good faith may impose on the release of records or be presented as evidence or otherwise
to enable the General Counsel to make information, or on the testimony of a used in a manner by which they could
an informed decision may serve as the BBG employee. The General Counsel’s lose their identity as official BBG
basis for a determination not to comply decision exhausts administrative records, nor may they be marked or
with the request. remedies for discovery of the altered. In lieu of the original records,
(f) The request should state that the information. certified copies may be presented for
requester will provide a copy of the BBG § 504.10 Restrictions that apply to
evidentiary purposes.
employee’s statement free of charge and testimony. § 504.12 Procedure when a decision is not
that the requester will permit the BBG (a) The General Counsel may impose made prior to the time a response is
to have a representative present during conditions or restrictions on the required.
the employee’s testimony. testimony of BBG employees including, If a response to a demand or request
§ 504.7 Service of requests or demands. for example: is required before the General Counsel
(1) Limiting the areas of testimony; can make the determination referred to
Requests or demands for official (2) Requiring the requester and other
records or information or testimony in Sec. 504.9, the General Counsel,
parties to the legal proceeding to agree when necessary, will provide the court
under this Subpart must be served on that the transcript of the testimony will
the General Counsel, BBG, 330 or other competent authority with a
be kept under seal; copy of this part, inform the court or
Independence Ave., SW., Washington, (3) Requiring that the transcript will
DC 20237 by mail or fax at (202) 203– other competent authority that the
be used or made available only in the request is being reviewed, provide an
4585 and clearly marked ‘‘Part 504— particular legal proceeding for which
Request for Testimony or Official estimate as to when a decision will be
testimony was requested. The General made, and seek a stay of the demand or
Records in Legal Proceedings.’’ Counsel may also require a copy of the request pending a final determination.
§ 504.8 Processing requests or demands.
transcript of testimony at the requester’s
expense. § 504. 13 Procedure in the event of an
(a) After receiving service of a request (b) The BBG may offer the employee’s adverse ruling.
or demand for testimony, the General written declaration in lieu of testimony. If the court or other competent
Counsel will review the request and, in (c) If authorized to testify pursuant to authority fails to stay a demand or
accordance with the provisions of this this part, an employee may testify as to request, the employee upon whom the
Subpart, determine whether, or under facts within his or her personal demand or request is made, unless
what conditions, to authorize the knowledge, but, unless specifically otherwise advised by the General
employee to testify on matters relating authorized to do so by the General Counsel, will appear, if necessary, at the
to official information and/or produce Counsel, the employee shall not: stated time and place, produce a copy
official records and information. (1) Disclose confidential or privileged of this part, state that the employee has
(b) Absent exigent circumstances, the information; or been advised by counsel not to provide
BBG will issue a determination within (2) For a current BBG employee, the requested testimony or produce
30 days from the date the request is testify as an expert or opinion witness documents, and respectfully decline to
received. with regard to any matter arising out of comply with the demand or request,
(c) The General Counsel may grant a the employee’s official duties or the citing United States ex rel. Touhy v.
waiver of any procedure described by functions of the BBG unless testimony Ragen, 340 U.S. 462 (1951).
this Subpart where a waiver is is being given on behalf of the United
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considered necessary to promote a States (see also 5 CFR 2635.805). Subpart C—Schedule of Fees
significant interest of the BBG or the (d) The scheduling of an employee’s
United States, or for other good cause. testimony, including the amount of time § 504.14 Fees.
(d) Certification (authentication) of that the employee will be made (a) Generally. The General Counsel
copies of records. The BBG may certify available for testimony, will be subject may condition the production of records
that records are true copies in order to to the BBG’s approval. or appearance for testimony upon

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10958 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules

advance payment of a reasonable consideration, may subject that person document to which each comment
estimate of the costs to the BBG. to criminal prosecution. applies, and give the reason for each
(b) Fees for records. Fees for Dated: March 6, 2007. comment. Please submit all comments
producing records will include fees for and related material in an unbound
Carol F. Baker,
searching, reviewing, and duplicating format, no larger than 81⁄2 by 11 inches,
Director, Office of Administration.
records, costs of attorney time spent in suitable for copying. If you would like
reviewing the request, and expenses [FR Doc. E7–4329 Filed 3–9–07; 8:45 am] to know that your submission reached
generated by materials and equipment BILLING CODE 8610–01–P us, please enclose a stamped, self-
used to search for, produce, and copy addressed postcard or envelope. We will
the responsive information. Costs for consider all comments and material
employee time will be calculated on the DEPARTMENT OF HOMELAND received during the comment period.
basis of the hourly pay of the employee SECURITY We may change this proposed rule in
(including all pay, allowances, and view of them. Under 5 U.S.C. 553(d)(3),
benefits). Fees for duplication will be Coast Guard the Coast Guard finds that good cause
the same as those charged by the BBG exists for a comment period shorter than
in its Freedom of Information Act 33 CFR Part 165 30 days. This security zone of short
regulations at 22 CFR Part 503. [CGD05–07–015] duration is needed to provide for the
(c) Witness fees. Fees for attendance security of persons at the event, and a
RIN 1625–AA87 shortened comment period provides the
by a witness will include fees, expenses,
and allowances prescribed by the public the ability to comment while
Security Zone: America’s 400th
court’s rules. If no such fees are ensuring the security zone is in place
Celebration, Jamestown, VA
prescribed, witness fees will be before the event.
determined based upon the rule of the AGENCY: Coast Guard, DHS.
Public Meeting
Federal district court closest to the ACTION: Notice of proposed rulemaking.
location where the witness will appear We do not now plan to hold a public
and on 28 U.S.C. 1821, as applicable. SUMMARY: The United States Coast meeting. But you may submit a request
Such fees will include cost of time spent Guard is establishing a security zone for a meeting by writing to Sector
by the witness to prepare for testimony, encompassing waters within 2-nautical Hampton Roads at the address under
in travel and for attendance in the legal miles of Church Point at 37–12.45 N, ADDRESSES explaining why one would
proceeding, plus travel costs. 076–46.66 W, Jamestown Island, VA, for be beneficial. If we determine that one
(d) Payment of fees. A requester must America’s 400th Anniversary would aid this rulemaking, we will hold
pay witness fees for current BBG celebration. This action is intended to one at a time and place announced by
employees and any record certification restrict vessel traffic within the security a separate notice in the Federal
fees by submitting to the General zone. This security zone is necessary to Register.
Counsel a check or money order for the protect attendees of this event from
Background and Purpose
appropriate amount made payable to the potential maritime hazards and threats
Treasury of the United States. In the and enhance public and maritime Following terrorist attacks on the
case of testimony of former BBG security. United States in September 2001, there
employees, the requester must pay is now a heightened awareness that
DATES: Comments and related material
applicable fees directly to the former vessels or persons could engage in
must reach the Coast Guard on or before
BBG employee in accordance with 28 subversive activity against targets ashore
March 27, 2007.
U.S.C. 1821 or other applicable statutes. in the United States. This regulation is
ADDRESSES: You may mail comments necessary to protect attendees of
(e) Waiver or reduction of fees. The and related material to the attention of
General Counsel, in his or her sole America’s 400th Anniversary
LCDR Thomas Tarrants at the address celebration on Jamestown Island, VA,
discretion, may, upon a showing of listed below. Documents indicated in
reasonable cause, waive or reduce any from potential maritime threats. This
this preamble as being available in the temporary security zone will only be in
fees in connection with the testimony, docket are part of docket CGD05–07–
production, or certification of records. effect from 3 p.m. on May 11th, 2007
015 and are available for inspection or until 10 p.m. on May 13th, 2007. This
(f) De minimis fees. Fees will not be copying at USCG Sector Hampton
assessed if the total charge would be zone will have minimal impact on
Roads, 4000 Coast Guard Blvd., vessel transits because vessels can
$10.00 or less. Portsmouth, Virginia 23703, between request authorization from the Captain
Subpart D—Penalties 9:30 a.m. and 2 p.m., Monday through of the Port (COTP) to safely transit
Friday, except Federal holidays. through the zone and they are not
§ 504.15 Penalties. FOR FURTHER INFORMATION CONTACT: precluded from using any portion of the
(a) An employee who discloses LCDR Thomas Tarrants, Enforcement waterway except the security zone area
official records or information or gives Branch Chief, U.S. Coast Guard Sector itself. Additionally, public notifications
testimony relating to official Hampton Roads, Virginia at (757) 483– announcing this regulation will be made
information, except as expressly 8571. via marine information broadcasts prior
authorized by the BBG, or as ordered by SUPPLEMENTARY INFORMATION: to the zone taking effect.
a Federal court after the BBG has had
the opportunity to be heard, may face Request for Comments Discussion of Rule
penalties as provided in any applicable We encourage you to participate in The Coast Guard is proposing to
this rulemaking by submitting establish a temporary security zone on
jlentini on PROD1PC65 with PROPOSAL

enforcement statute.
(b) A current BBG employee who comments and related material. If you specified waters to provide protection to
testifies or produces official records and do so, please include your name and dignitaries visiting Jamestown Island.
information in violation of this part address, identify the docket number for The security zone will be effective from
shall be subject to disciplinary action this rulemaking CGD05–07–015, 3 p.m. on May 11th, 2007, until 10 p.m.
and, if done for a valuable indicate the specific section of this on May 13th, 2007. The security zone

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