Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 67523 

Dated: November 9, 2006. 

Marilyn Marton, 

Director, Office of Small and Disadvantaged 

Business Utilization (OSDBU). 

[FR Doc. E6–19707 Filed 11–21–06; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 604 

[Docket No. FTA–2005–22657] 

RIN 2132–AA85 

Charter Service Negotiated 

Rulemaking Advisory Committee 

AGENCY: Federal Transmit 

Administration (FTA), DOT. 

ACTION: Notice of meeting location and 

time of the meeting. 

SUMMARY: This notice lists the location 

and time of the next Charter Bus 

Negotiated Rulemaking Advisory 

Committee (CBNRAC) meeting. 

DATES: Effective Date: November 22, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Martineau, Attorney-Advisor, 

Office of the Chief Counsel, Federal 

Transmit Administration, 202–366–

1936 (elizabeth.martineau@dot.gov). 

Her mailing address at the Federal 

Transmit Administration at 400 Seventh 

Street, SW., Room 9316, Washington, 

DC 20590. 

SUPPLEMENTARY INFORMATION: 

Meeting Location 

The Residence Inn Marriott, 550 

Army Navy Drive, Arlington, VA 22202. 

Meeting Time 

December 6th, 9 a.m.–4:30 p.m. 

December 7th, 8:30 a.m.–4 p.m. 

Issued this 16th day of November, 2006, in 

Washington, DC. 

James S. Simpson, 

Administrator. 

[FR Doc. 06–9364 Filed 11–21–06; 8:45am] 

BILLING CODE 4910–57–M 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 801 

Public Availability of Information 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The NTSB is proposing to 

amend 49 Code of Federal Regulations 

(CFR) Part 801, ‘‘Public Availability of 

Information,’’ to include updated 

information regarding the availability of 

NTSB records. This amendment updates 

the NTSB regulations that implement 

the Freedom of Information Act (FOIA) 

and Privacy Act, notifies the public of 

changes in the NTSB’s Freedom of 

Information Act processing procedures 

and, in general, advises the public on 

the availability of information from 

NTSB accident investigations. 

DATES: Submit comments on or before 

December 22, 2006. 

ADDRESSES: Mail comments concerning 

this proposed rule to Gary L. Halbert, 

General Counsel, National 

Transportation Safety Board, 490 

L’Enfant Plaza, SW., Washington, DC 

20594–2000. 

FOR FURTHER INFORMATION CONTACT: Gary 

L. Halbert, (202) 314–6080. 

SUPPLEMENTARY INFORMATION: 

Proposed Revision to § 801.1, 

Applicability 

The NTSB seeks to amend § 801.1 in 

order to clarify the NTSB’s 

implementation of the provisions of the 

Freedom of Information Act, and update 

the relevant statutory citations. 

Proposed Revision to § 801.2, Policy 

The NTSB seeks to amend § 801.2 in 

order to emphasize that persons seeking 

information from the NTSB need not 

submit a request under the FOIA, but 

instead should first search for 

information that is publicly available. 

Although the NTSB makes ‘‘public 

dockets’’ of investigative information 

available to the public at the conclusion 

of each investigation, the NTSB still 

receives hundreds of FOIA requests 

each year for the same or similar 

information. Many FOIA requesters find 

that the information they receive from 

the NTSB, beyond that already in the 

public docket, is not helpful to them. 

Section 801.2 emphasizes this point and 

encourages requesters to obtain the 

public docket of investigative 

information before they consider 

submitting a FOIA request. 

Proposed Revision to § 801.3, 

Definitions 

The NTSB seeks to amend § 801.3 in 

order to update existing definitions, and 

in order to include definitions for the 

terms, ‘‘public docket’’ and ‘‘nondocket,’’ which are unique to the NTSB. 

Proposed Revision to § 801.10, General 

The NTSB seeks to amend § 801.10 to 

replace references to ‘‘Director, Bureau 

of Administration’’ with ‘‘Chief, Records 

Management Division.’’ The NTSB no 

longer has a Director, Bureau of 

Administration. 

In addition, the NTSB seeks to amend 

§ 801.10 in order to update the deadline 

by which the NTSB must respond to 

requests for information under the 

FOIA; Congress amended the FOIA in 

1996 to expand the response deadline 

from 10 working days to 20 working 

days. 5 U.S.C. 552(a)(6)(A)(i). The 

NTSB’s proposed amendment to 

§ 801.10(b) reflects this change. In 

updating this provision, however, the 

NTSB notes that the FOIA does not 

require an agency to search for records, 

meet time deadlines, or release any 

records until the agency has received a 

FOIA request. A request for information 

under the FOIA must comply with 

published regulations before an agency 

is required to consider it a proper FOIA 

request. 

The NTSB also seeks to amend 

§ 801.10 to notify persons seeking 

information that the NTSB will deny 

requests for information related to an 

ongoing investigation, in accordance 

with the exemptions of the FOIA. 

The other proposed amendments to 

§ 801.10 clarify the general requirements 

for submitting a FOIA request to the 

NTSB. 

Proposed Revision to § 801.11, 

Segregability of Records 

The NTSB seeks to amend § 801.11 in 

order to update the title of the NTSB 

employee who makes a segregability 

determination. The amendments also 

clarify the NTSB’s practice of 

segregating exempt portions of a record 

from non-exempt portions via redaction, 

when possible. 

Proposed Revision to § 801.12, 

Protection of Records 

The NTSB seeks to amend § 801.12 in 

order to provide a cross-reference to 

another relevant section within this 

title, and to add to a quotation of 18 

U.S.C. 641. In general, the NTSB intends 

to retain the majority of this section as 

the NTSB originally enacted it, in order 

to cite the specific penalties that a 

person will encounter if they attempt to 

steal, alter, mutilate, obliterate, or 

destroy an agency record. 

Proposed Addition of § 801.20, 

Processing of Records 

The NTSB seeks to add § 801.20 to 

this part, in order to notify persons 

seeking information concerning the 

NTSB FOIA Office’s ‘‘tracking’’ system 

for processing requests. This system 

allows the NTSB to process requests 

more efficiently; rather than allowing a 

complex, broad request to inhibit the 

processing of simpler requests, the 


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NTSB places each request on an 

appropriate ‘‘track’’ and processes them 

on a ‘‘first-in, first-out’’ basis. This 

process is consistent with the courts’

interpretations of the processing 

requirements of the FOIA. See, e.g., 

Open Am. v. Watergate, 547 F.2d 605, 

616 (D.C. Cir. 1976). 

The addition of § 801.20 also 

addresses expedited processing. This 

proposed text regarding the expedition 

of certain requests states that requesters 

must demonstrate a ‘‘compelling need’’

for the information, in accordance with 

the FOIA. 5 U.S.C. 552(a)(6)(E). 

Requesters may show a ‘‘compelling 

need’’ in one of two ways: By 

establishing that his or her failure to 

obtain the records quickly ‘‘could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual’’; or, if the 

requester is a ‘‘person primarily engaged 

in disseminating information,’’ by 

demonstrating that an ‘‘urgency to 

inform the public concerning actual or 

alleged federal government activity’’

exists. Id. Section 552(a)(6)(E)(v). 

Proposed Revision to § 801.21, Initial 

Determination 

The NTSB seeks to amend § 801.21 in 

order to update the title of the NTSB 

employee who makes an initial 

determination regarding the release of 

records within the scope of each 

request. The proposed amendments to 

§ 801.21 also update the time limit for 

the NTSB’s response to requests from 10 

days to 20 days, in accordance with the 

existing version of the FOIA. 5 U.S.C. 

552(a)(6)(A)(i). 

Proposed Revision to § 801.22, Final 

Determination 

The NTSB seeks to amend § 801.22 in 

order to set forth a time limit in which 

a requester may appeal the initial 

determination of the NTSB FOIA 

Officer. The proposed amendments to 

§ 801.22 also clarify that the NTSB’s 

Managing Director will determine 

whether to grant or deny the appeal. 

Proposed Revisions to § 801.23, 

Extension 

The NTSB seeks to amend § 801.23 in 

order to include certain minor technical 

amendments. 

Proposed Revisions to § 801.30, Records 

From Accident Investigations 

The NTSB seeks to amend § 801.30 in 

order to simplify the process by which 

investigative records become publicly 

available. Section 801.30 now 

encompasses all types of investigations, 

and describes what types of records are 

available for inspection and duplication. 

Proposed Revisions to § 801.31, Public 

Hearings Regarding Investigations 

The NTSB seeks to amend § 801.31 to 

reflect a reorganization of §§ 801.30–

801.33, and to encompass hearings on 

all types of investigations. The NTSB 

also seeks to change the approximate 

time period in which transcripts and 

other records from the hearing become 

available. 

Proposed Revisions to § 801.32, 

Accident Reports 

The NTSB seeks to amend § 801.32 to 

reflect a reorganization of §§ 801.30–

801.33, and to include a citation to the 

section of the NTSB’s enabling statute 

that addresses accident reports. The 

NTSB also seeks to amend these 

sections to include a reference to the 

NTSB public Web site, http:// 

www.ntsb.gov. 

Proposed Deletion of §§ 801.33–801.36 

The NTSB seeks to delete §§ 801.33–

801.36, which address accident reports 

according to the mode of transportation 

at issue. The NTSB’s current practice of 

issuing accident reports in accordance 

with 49 U.S.C. 1131(e) does not 

significantly vary depending on the 

mode of transportation; therefore, the 

NTSB seeks to consolidate and simplify 

the mode-specific sections regarding 

accident reports and hearings. 

Proposed Revision to § 801.40, the 

Board’s Rules 

The NTSB seeks to amend § 801.40 to 

correct the citation in which the NTSB’s 

rules are located in the Code of Federal 

Regulations. 

Proposed Deletion of § 801.41, 

Transportation Safety 

Recommendations 

The NTSB seeks to delete the text of 

§ 801.41. Previously, this section stated 

that the NTSB publishes transportation 

safety recommendations in the Federal 

Register. The NTSB’s statute no longer 

requires the NTSB to publish safety 

recommendations in the Federal 

Register; as such, the NTSB does not 

distribute safety recommendations via 

the Federal Register. 

Proposed Deletion of § 801.42, Indexes 

to Aviation and Maritime Enforcement 

Cases 

The NTSB no longer maintains the 

indexes described in § 801.42. Instead, 

the NTSB maintains an index of 

enforcement decisions on the NTSB 

Web site. Therefore, the NTSB seeks to 

delete § 801.42. 

Proposed Revision to § 801.43, 

Administrative Staff Manuals and 

Instructions and Indexes That Affect 

the Public 

The NTSB no longer maintains an 

updated index of staff manuals in the 

NTSB FOIA Reading Room. Therefore, 

the NTSB seeks to delete § 801.43. 

Proposed Revision to § 801.44, Reports 

to Congress 

The NTSB seeks to amend § 801.44 in 

order to update the citation to the 

section of the NTSB’s statute that 

requires the NTSB to submit an annual 

report to Congress, and to include a 

reference to the NTSB’s public Web site, 

which contains the NTSB’s annual 

report to Congress. 

Proposed Revision to § 801.45, Other 

Records 

The NTSB seeks to delete the text of 

§ 801.45, because the NTSB makes 

records regarding each investigation 

available to the public in the form of 

‘‘public dockets,’’ as described in 

§ 801.10. 

Proposed Revision to § 801.46, Special 

Document Services 

The NTSB seeks to amend § 801.46 to 

include minor technical amendments. 

Proposed Revision to § 801.50, General 

The NTSB seeks to amend § 801.50 to 

include minor technical amendments, 

and to clarify that the NTSB may choose 

to make a discretionary release of a 

record that may be exempt under the 

FOIA. Such discretionary releases do 

not create any right enforceable in court, 

and depend upon the circumstances 

surrounding the record at issue. 

Proposed Revision to § 801.51, National 

Defense and Foreign Policy Secrets 

The NTSB seeks to amend § 801.51 to 

include minor technical amendments, 

and to update the relevant citations 

regarding the release of classified 

records. 

Proposed Revision to § 801.52, Internal 

Personnel Rules and Practices of the 

NTSB 

The NTSB seeks to amend § 801.52 to 

clarify which records are exempt from 

disclosure pursuant to Exemption 2. 

Proposed Revision to § 801.53, Records 

Exempt by Statute From Disclosure 

The NTSB seeks to amend § 801.53 to 

include minor technical amendments. 

The NTSB also notes that the NTSB’s 

enabling statute prohibits the NTSB 

from releasing certain records; therefore, 

the NTSB encourages requesters to 

review the NTSB’s statute before 


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submitting a request under the FOIA. 

See 49 U.S.C. 1114 and 1136(d)(2). 

Proposed Revision to § 801.54, Trade 

Secrets and Commercial or Financial 

Information 

The NTSB seeks to amend § 801.54, 

which implements Exemption 4 of the 

FOIA, in order to correlate with the 

enumerated exemptions of the FOIA. 

Previously, the text of this section 

existed as § 801.59. 

Proposed Revision to § 801.55, 

Interagency and Intra-Agency 

Exchanges 

The NTSB seeks to amend § 801.55 to 

include minor technical amendments. 

Proposed Revision to § 801.56, 

Unwarranted Invasion of Personal 

Privacy 

The NTSB seeks to amend § 801.56 to 

include minor technical amendments. 

Proposed Revision to § 801.57, Records 

Compiled for Law Enforcement 

Purposes 

The NTSB seeks to amend § 801.57 to 

include minor technical amendments. 

The NTSB also notes that courts have 

recently broadened the application of 

Exemption 7 to include records 

regarding the enforcement of regulations 

of a civil nature. As such, Exemption 

7(A) applies to withhold records related 

to a pending civil investigation. 

Proposed Revision to § 801.58, Records 

for Regulation of Financial Institutions 

The NTSB seeks to amend § 801.58 to 

include minor technical amendments. 

Proposed Revision to § 801.59, 

Geological Records 

The NTSB seeks to amend § 801.59 to 

include minor technical amendments. 

Proposed Addition of Subpart G, Fee 

Schedule 

The NTSB seeks to add §§ 801.60 and 

801.61 within a new subpart, entitled 

‘‘Fee Schedule.’’

Proposed Addition of § 801.60, Fee 

Schedule 

The NTSB seeks to delete the 

Appendix containing the NTSB Fee 

Schedule for FOIA requests that 

accompanies these regulations, and 

instead place the fee schedule in a new 

section, § 801.60. The NTSB proposes 

significant changes to the fee schedule 

in accordance with case law 

developments and guidance from the 

Department of Justice and Office of 

Management and Budget regarding such 

fees. Although the NTSB had previously 

not charged fees for the fulfillment of 

most requests for records, the NTSB will 

begin requiring that requesters pay fees 

for the search, review, and duplication 

of records, as provided in § 801.60. The 

NTSB will not consider a request to be 

‘‘received’’ pursuant § 801.10 of this 

title until the requester agrees to pay the 

amount that the NTSB FOIA Office 

specifies. 

Proposed Addition of § 801.61, Appeals 

of Fee Determinations 

The NTSB seeks to add § 801.61, 

Appeals of Fee Determinations, to 

provide that a requester may appeal the 

FOIA Office’s decision regarding fees. 

List of Subjects in 49 CFR part 801 

Archives and records, Freedom of 

information, Privacy. 

For the reasons set forth in the 

preamble, the NTSB proposes to amend 

49 CFR part 801 as follows: 

PART 801—PUBLIC AVAILABILITY OF 

INFORMATION 

1. The authority citation for part 801 

is revised to read as follows: 

Authority: Independent Safety Board Act 

of 1974, as amended (49 U.S.C. 1101–1155); 

5 U.S.C. 551(2); Freedom of Information Act 

(5 U.S.C. 552); 18 U.S.C. 641 and 2071; 31 

U.S.C. 3717 and 9701; Federal Records Act, 

44 U.S.C. Chapters 21, 29, 31, and 33. 

2. Section 801.1 is revised to read as 

follows: 

§ 801.1 Applicability. 

(a) This part contains the rules that 

the National Transportation Safety 

Board (NTSB) follows in processing 

requests for records under the Freedom 

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

These rules should be read together 

with the FOIA, which provides 

additional information about public 

access to records maintained by the 

NTSB. 

(b) This part also provides for 

document services and the fees for such 

services, pursuant to 31 U.S.C. 9701. 

(c) This part applies only to records 

existing when the request for the 

information is made. The NTSB is not 

required to create records for the sole 

purpose of responding to a FOIA 

request. 

(d) Sections 801.51 through 801.59 of 

this title describe records that are 

exempt from public disclosure. 

3. Section 801.2 is revised to read as 

follows: 

§ 801.2 Policy. 

(a) In implementing 5 U.S.C. 552, it is 

the policy of the NTSB to make 

information available to the public to 

the greatest extent possible, consistent 

with the mission of the NTSB. 

Information the NTSB routinely 

provides to the public as part of a 

regular NTSB activity (such as press 

releases and information disclosed on 

the NTSB’s public website) may be 

provided to the public without 

compliance with this part. In addition, 

as a matter of policy, the NTSB may 

make discretionary disclosures of 

records or information otherwise 

exempt from disclosure under the FOIA 

whenever disclosure would not 

foreseeably harm an interest protected 

by a FOIA exemption; however, this 

policy does not create any right 

enforceable in court. 

(b) Given the NTSB’s stated policy of 

providing as much information as 

possible regarding general NTSB 

operations and releasing documents 

involving investigations, the NTSB 

strongly encourages requesters seeking 

information to check the NTSB’s 

website for such information before 

submitting a FOIA request. For every 

investigation in which the NTSB has 

determined the probable cause of an 

accident, the NTSB’s docket 

management system will include a 

‘‘public docket’’ containing 

documentation that the investigator-incharge deemed pertinent to the 

investigation. Requesters may obtain 

these public dockets without submitting 

a FOIA request. The NTSB encourages 

all requesters to review the public 

docket materials before submitting a 

FOIA request. 

4. Section 801.3 is revised to read as 

follows: 

§ 801.3 Definitions. 

The following definitions shall apply 

in this subpart: 

(a) ‘‘Record’’ includes any writing, 

drawing, map, recording, tape, film, 

photo, or other documentary material by 

which information is preserved. In this 

part, ‘‘document’’ and ‘‘record’’ shall 

have the same meaning. 

(b) ‘‘Redact’’ refers to the act of 

making a portion of text illegible by 

placing a black mark on top of the text. 

(c) ‘‘Public Docket’’ includes a 

collection of records from an accident 

investigation that the investigator who 

oversaw the investigation of that 

accident has deemed pertinent to 

determining the probable cause of the 

accident. 

(d) ‘‘Non-docket’’ items include other 

records from an accident that the 

investigator who oversaw the 

investigation of that accident has 

deemed irrelevant or not directly 

pertinent to determining the probable 

cause of the accident. 

(e) ‘‘Chairman’’ means the Chairman 

of the NTSB. 


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67526 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 

(f) ‘‘Managing Director’’ means the 

Managing Director of the NTSB. 

(g) ‘‘Requester’’ means any person, as 

defined in 5 U.S.C. 551(2), who submits 

a request pursuant to the FOIA. 

5. Section 801.10 is revised to read as 

follows: 

§ 801.10 General. 

(a) The NTSB’s Chief, Records 

Management Division, is responsible for 

the custody and control of all NTSB 

records required to be preserved under 

the Federal Records Act, 44 U.S.C. 

Chapters 21, 29, 31, and 33. 

(b) The NTSB’s FOIA Officer shall be 

responsible for the initial determination 

of whether to release records within the 

20-working-day time limit, or the 

extension specified in the Freedom of 

Information Act. 

(c) The NTSB’s Chief, Records 

Management Division, shall: 

(1) Maintain for public access and 

commercial reproduction all accident 

files containing aviation and surface 

investigators’ reports, factual accident 

reports or group chairman reports, 

documentation and accident 

correspondence files, transcripts of 

public hearings, if any, and exhibits; 

and 

(2) Maintain a public reference room, 

also known as a ‘‘Reading Room,’’ in 

accordance with 5 U.S.C. 552(a)(2). The 

NTSB’s public reference room is located 

at 490 East L’Enfant Plaza, SW., 

Washington, DC. Other records may be 

available in the NTSB’s Electronic 

Reading Room, which is located on the 

NTSB’s website, found at http:// 

www.ntsb.gov. 

(d) Requests for documents must be 

made in writing to: National 

Transportation Safety Board, Attention: 

FOIA Officer CIO–40, 490 L’Enfant 

Plaza, SW., Washington, DC 20594–

2000. All requests: 

(1) Must reasonably identify the 

record requested. For requests regarding 

an investigation of a particular accident, 

requesters should include the date and 

location of the accident, as well as the 

NTSB investigation number. In response 

to broad requests for records regarding 

a particular investigation, the FOIA 

Office will notify the requester of the 

existence of a public docket, and state 

that other non-docket items may be 

available, or may become available, at a 

later date. After receiving this letter and 

reviewing the items in the public 

docket, requesters should notify the 

FOIA office if the items contained in the 

public docket suffice to fulfill their 

request. 

(2) Must be accompanied by the fee or 

agreement (if any) to pay the 

reproduction costs shown in the fee 

schedule at § 801.60 of this title, and 

(3) Must contain the name, address, 

and telephone number of the person 

making the request. Requesters must 

update their address and telephone 

number in writing should this 

information change. 

(e) The envelope in which the 

requester submits the request should be 

marked prominently with the letters 

‘‘FOIA.’’ If a request fails to include a 

citation to the FOIA, the NTSB FOIA 

Office will attempt to contact the 

requester immediately to rectify the 

omission and/or clarify the request. 

However, the 20-working-day time limit 

for processing shall not commence until 

the FOIA Office receives a complete 

request. 

(f) The field offices of the NTSB shall 

not maintain, for public access, records 

maintained by the Chief, Records 

Management Division. Requests mailed 

to NTSB field offices will not satisfy the 

NTSB’s requirements for submitting a 

FOIA request. 

(g) The NTSB may work with a 

commercial reproduction firm to 

accommodate requests for reproduction 

of accident records from the public 

docket. The reproduction charges may 

be subject to change. The NTSB will 

update its FOIA website to reflect any 

such changes. Section 801.60 of this 

title contains a current fee schedule. 

(h) The NTSB will not release records 

originally generated by other agencies or 

entities. Instead, the NTSB will refer 

such requests for other agencies’ records 

to the appropriate agency, which will 

make a release determination upon 

receiving and processing the referred 

request. 

(i) Where a requester seeks a record 

on behalf of another person, and the 

record contains that person’s personal 

information protected by Exemption 6 

of the FOIA (see section 801.56 of this 

title), the NTSB requires the requester to 

submit a notarized statement of consent 

from the person whose personal 

information is contained in the record, 

before the NTSB releases the record. 

(j) In general, the NTSB will deny 

requests for records concerning a 

pending investigation, pursuant to 

appropriate exemptions under the 

FOIA. The FOIA Office will notify the 

requester of this denial, and will 

provide the requester with information 

regarding how the requester may receive 

information on the investigation once 

the investigation is complete. The NTSB 

discourages requesters from submitting 

multiple FOIA requests in a continuing 

effort to obtain records before an 

investigation is complete. 

6. Section 801.11 is revised to read as 

follows: 

§ 801.11 Segregability of records. 

The initial decision of the FOIA 

Officer will include a determination of 

segregability. If it is reasonable to do so, 

the exempt portions of a record will be 

segregated and, where necessary, 

redacted, and the nonexempt portions 

will be sent to the requester. 

7. Section 801.12 is revised to read as 

follows: 

§ 801.12 Protection of records. 

(a) No person may, without 

permission, remove from the place 

where it is made available any record 

made available for inspection or 

copying under § 801.10(c)(2) of this part. 

Stealing, altering, mutilating, 

obliterating, or destroying, in whole or 

in part, such a record shall be deemed 

a criminal offense. 

(b) Section 641 of title 18 of the 

United States Code provides, in 

pertinent part, as follows: 

‘‘Whoever * * * steals, purloins, or 

knowingly converts to his use or the use 

of another, or without authority, sells, 

conveys or disposes of any record * * * 

or thing of value of the United States or 

of any department or agency thereof 

* * * shall be fined under this title or 

imprisoned not more than ten years, or 

both; but if the value of such property 

in the aggregate, combining amounts 

from all the counts for which the 

defendant is convicted in a single case, 

does not exceed the sum of $1,000, he 

shall be fined under this title or 

imprisoned not more than one year, or 

both.’’

(c) Section 2071(a) of title 18 of the 

United States Code provides, in 

pertinent part, as follows: 

‘‘Whoever willfully and unlawfully 

conceals, removes, mutilates, 

obliterates, or destroys, or attempts to 

do so, or, with intent to do so takes and 

carries away any record, proceeding, 

map, book, paper, document, or other 

thing, filed or deposited * * * in any 

public office, or with any * * * public 

officer of the United States, shall be 

fined under this title or imprisoned not 

more than three years, or both.’’

8. Section 801.20 is revised to read as 

follows: 

§ 801.20 Processing of requests. 

(a) The NTSB processes FOIA 

requests upon receipt. The NTSB FOIA 

Office may notify the requester that the 

NTSB has received the request. The 

FOIA Office will then place each 

request on one of three tracks: 

(1) Track 1: Requests for which there 

are no records, requests that meet the 


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criteria for expedited processing, or 

requests that seek records that have 

been produced in response to a prior 

request. 

(2) Track 2: Requests that do not 

involve voluminous records or lengthy 

consultations with other entities. 

(3) Track 3: Requests that involve 

voluminous records and for which 

lengthy or numerous consultations are 

required, or those requests which may 

involve sensitive records. 

(b) Regarding expedited processing, if 

a requester states that he or she has a 

compelling need for the expedited 

treatment of their request, then the 

NTSB FOIA Office will determine 

whether to expedite the request and, 

where appropriate, do so. 

9. Section 801.21 is revised to read as 

follows: 

§ 801.21 Initial determination. 

The NTSB FOIA Officer will make an 

initial determination as to whether to 

release a record within 20 working days 

(excluding Saturdays, Sundays, and 

legal public holidays) after the request 

is received. This time limit may be 

extended up to 10 additional working 

days in accordance with § 801.23 of this 

part. The person making the request will 

be notified immediately in writing of 

such determination. If a determination 

is made to release the requested 

record(s), such record(s) will be made 

available promptly. If the FOIA Officer 

determines not to release the record(s), 

the person making the request will, 

when he or she is notified of such 

determination, be advised of: 

(a) The reason for the determination; 

(b) The right to appeal the 

determination; and 

(c) The name and title or positions of 

each person responsible for the denial of 

the request. 

10. Section 801.22 is revised to read 

as follows: 

§ 801.22 Final determination. 

Requesters seeking an appeal of the 

FOIA Officer’s initial determination 

must send a written appeal to the 

NTSB’s Managing Director within 20 

days. The NTSB’s Managing Director 

will determine whether to grant or deny 

any appeal made pursuant to § 801.21 

within 20 working days (excluding 

Saturdays, Sundays, and legal public 

holidays) after receipt of such appeal, 

except that this time limit may be 

extended for as many as 10 additional 

working days, in accordance with 

§ 801.23. 

11. Section 801.23 is added to read as 

follows: 

§ 801.23 Extension. 

In unusual circumstances as specified 

in this section, the time limits 

prescribed in either § 801.21 or § 801.22, 

may be extended by written notice to 

the person making a request and setting 

forth the reasons for such extension and 

the date on which a determination is 

expected to be dispatched. Such notice 

will not specify a date that would result 

in an extension for more than 10 

working days. As used in this 

paragraph, ‘‘unusual circumstances,’’ as 

they relate to any delay that is 

reasonably necessary to the proper 

processing of the particular request, 

means—

(a) The need to search for and collect 

the requested records from field 

facilities or other establishments; 

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

appropriately examine and process a 

voluminous amount of records which 

are the subject of a single request; or 

(c) The need to consult with another 

agency that has a substantial interest in 

the disposition of the request or with 

two or more components of the agency 

having substantial subject-matter 

interest therein. 

12. Section 801.30 is revised to read 

as follows: 

§ 801.30 Records from accident 

investigations. 

Upon completion of an accident 

investigation, each NTSB investigator 

(or ‘‘group chairman,’’ depending on the 

investigation) shall complete a factual 

report with supporting documentation 

and include these items in the public 

docket for the investigation. The Chief, 

Records Management Division, will 

then make the records available to the 

public for inspection or production by 

an order for commercial copying. 

13. Section 801.31 is revised to read 

as follows: 

§ 801.31 Public hearings regarding 

investigations. 

Within approximately four (4) weeks 

after a public hearing concerning an 

investigation, the Chief, Records 

Management Division, will make 

available to the public the hearing 

transcript. On or before the date of the 

hearing, the Chief, Records Management 

Division, will make the exhibits 

introduced at the hearing available to 

the public for inspection or commercial 

copy order. 

14. Section 801.32 is revised to read 

as follows: 

§ 801.32 Accident reports. 

(a) The NTSB will report the facts, 

conditions, and circumstances, and its 

determination of the probable causes of 

U.S. civil transportation accidents, in 

accordance with 49 U.S.C. 1131(e). 

(b) These reports may be made 

available for public inspection in the 

NTSB’s public reference room and/or on 

the NTSB’s Web site, at http:// 

www.ntsb.gov. 

§ 801.33 [Removed] 

15. Section 801.33 is removed. 

§ 801.34 [Removed] 

16. Section 801.34 is removed. 

§ 801.35 [Removed] 

17. Section 801.35 is removed. 

§ 801.36 [Removed] 

18. Section 801.36 is removed. 

19. Section 801.40 is revised to read 

as follows: 

§ 801.40 The Board’s rules. 

The NTSB’s rules are published in the 

Code of Federal Regulations as Parts 800 

through 850 of Title 49. 

§§ 801.41, 801.42, 801.43 [Removed] 

20. Sections 801.41, 801.42, and 

801.43 are removed. 

21. Section 801.41 is revised to read 

as follows: 

§ 801.41 Reports to Congress. 

The NTSB submits its annual report 

to Congress each year, in accordance 

with 49 U.S.C. 1117. The report will be 

available on the NTSB’s Web site, found 

at http://www.ntsb.gov. Interested 

parties may purchase the report from 

the Government Printing Office or 

review it in the NTSB’s public reference 

room. All other reports or comments to 

Congress will be available in the NTSB’s 

public reference room for inspection or 

by ordering a copy after issuance. 

§ 801.45 [Removed] 

22. Section 801.45 is removed. 

§ 801.46 [Removed] 

23. Section 801.46 is removed. 

24. Section 801.50 is revised to read 

as follows: 

§ 801.50 Exemptions from disclosure. 

Title 5, United States Code section 

552(a) and (b) exempt certain records 

from public disclosure. As stated in 

§ 801.2 of this title, the NTSB may 

choose to make a discretionary release 

of a record that is authorized to be 

withheld under 5 U.S.C. 552(b), unless 

it determines that the release of that 

record would be inconsistent with the 

purpose of the exemption concerned. 

Examples of records given in §§ 801.51 

through 801.58 included within a 

particular statutory exemption are not 

necessarily illustrative of all types of 


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67528 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 

records covered by the applicable 

exemption. 

25. Section 801.51 is revised to read 

as follows: 

§ 801.51 National defense and foreign 

policy secrets. 

Pursuant to 5 U.S.C. 552(b)(1), 

national defense and foreign policy 

secrets established by Executive Order, 

as well as properly classified 

documents, are exempt from public 

disclosure. Requests to the NTSB for 

such records will be transferred to the 

source agency as appropriate, where 

such classified records are identified. 

(See, e.g., Executive Order 12,958, as 

amended on March 25, 2003.) 

26. Section 801.52 is revised to read 

as follows: 

§ 801.52 Internal personnel rules and 

practices of the NTSB. 

Pursuant to 5 U.S.C. 552(b)(2), the 

following records are exempt from 

disclosure under FOIA: 

(a) Records relating solely to internal 

personnel rules and practices, including 

memoranda pertaining to personnel 

matters such as staffing policies, and 

procedures for the hiring, training, 

promotion, demotion, or discharge of 

employees, and management plans, 

records, or proposals relating to labormanagement relations. 

(b) Records regarding: 

(1) Internal matters of a relatively 

trivial nature that have no significant 

public interest; and 

(2) Predominantly internal matters, 

the release of which would risk 

circumvention of a statute or agency 

regulation. 

27. Section 801.53 is revised to read 

as follows: 

§ 801.53 Records exempt by statute from 

disclosure. 

Pursuant to 5 U.S.C. 552(b)(3), the 

NTSB will not disclose records 

specifically exempted from disclosure 

by statute (other than 5 U.S.C. 552b), 

provided that such statute: 

(a) Requires that the matters be 

withheld from the public in such 

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. 

28. Section 801.54 is revised to read 

as follows: 

§ 801.54 Trade secrets and commercial or 

financial information. 

Pursuant to 5 U.S.C. 552(b)(4), trade 

secrets and items containing 

commercial or financial information 

that are obtained from a person and are 

privileged or confidential are exempt 

from public disclosure. 

29. Section 801.55 is revised to read 

as follows: 

§ 801.55 Interagency and intra-agency 

exchanges. 

(a) Pursuant to 5 U.S.C. 552(b)(5), any 

record prepared by an NTSB employee 

for internal Government use is exempt 

from public disclosure to the extent that 

it contains—

(1) Opinions made in the course of 

developing official action by the NTSB 

but not actually made a part of that 

official action, or 

(2) Information concerning any 

pending NTSB proceeding, or similar 

matter, including any claim or other 

dispute to be resolved before a court of 

law, administrative board, hearing 

officer, or contracting officer. 

(b) The purpose of this section is to 

protect the full and frank exchange of 

ideas, views, and opinions necessary for 

the effective functioning of the NTSB. 

These resources must be fully and 

readily available to those officials upon 

whom the responsibility rests to take 

official NTSB action. Its purpose is also 

to protect against the premature 

disclosure of material that is in the 

developmental stage, if premature 

disclosure would be detrimental to the 

authorized and appropriate purposes for 

which the material is being used, or if, 

because of its tentative nature, the 

material is likely to be revised or 

modified before it is officially presented 

to the public. 

(c) Examples of materials covered by 

this section include, but are not limited 

to, staff papers containing advice, 

opinions, or suggestions preliminary to 

a decision or action; preliminary notes; 

advance information on such things as 

proposed plans to procure, lease, or 

otherwise hire and dispose of materials, 

real estate, or facilities; documents 

exchanged in preparation for 

anticipated legal proceedings; material 

intended for public release at a specified 

future time, if premature disclosure 

would be detrimental to orderly 

processes of the NTSB; records of 

inspections, investigations, and surveys 

pertaining to internal management of 

the NTSB; and matters that would not 

be routinely disclosed in litigation but 

which are likely to be the subject of 

litigation. 

30. Section 801.56 is revised to read 

as follows: 

§ 801.56 Unwarranted invasion of personal 

privacy. 

Pursuant to 5 U.S.C. 552(b)(6), any 

personal, medical, or similar file is 

exempt from public disclosure if its 

disclosure would harm the individual 

concerned or would be a clearly 

unwarranted invasion of the person’s 

personal privacy. 

31. Section 801.57 is revised to read 

as follows: 

§ 801.57 Records compiled for law 

enforcement purposes. 

Pursuant to 5 U.S.C. 552(b)(7), any 

records compiled for law or regulatory 

enforcement are exempt from public 

disclosure to the extent that disclosure 

would interfere with enforcement, 

would be an unwarranted invasion of 

privacy, would disclose the identity of 

a confidential source, would disclose 

investigative procedures and practices, 

or would endanger the life or security of 

law enforcement personnel. 

32. Section 801.58 is revised to read 

as follows: 

§ 801.58 Records for regulation of 

financial institutions. 

Pursuant to 5 U.S.C. 552(b)(8), records 

compiled for agencies regulating or 

supervising financial institutions are 

exempt from public disclosure. 

33. Section 801.59 is revised to read 

as follows: 

§ 801.59 Geological records. 

Pursuant to 5 U.S.C. 552(b)(9), records 

concerning geological wells are exempt 

from public disclosure. 

34. Section 801.60 is added as 

follows: 

§ 801.60 Fee Schedule. 

(a) Pursuant to 5 U.S.C. 552(a)(4)(i) 

and 52 Fed. Reg. 10,012 (Mar. 27, 1987), 

the NTSB may charge certain fees for 

processing requests under the FOIA in 

accordance with paragraph (c) of this 

section, except where fees are limited 

under paragraph (d) of this section, or 

where a waiver or reduction of fees is 

granted under paragraph (e) of this 

section. The NTSB may collect all 

applicable fees before sending copies of 

requested records to a requester. 

Requesters must pay fees by check or 

money order made payable to the 

Treasury of the United States, and must 

send fee payments to the NTSB’s FOIA 

Office (see mailing address at 

§ 801.10(d)). 

(b) Definitions. For purposes of this 

section: 

(1) ‘‘Commercial use request’’ means 

a request from or on behalf of a person 

who seeks information for a use or 

purpose that furthers his or her 

commercial, trade, or profit interests. 

This includes the furtherance of 

commercial interests through litigation. 

When it appears that the requester will 

use the requested records for a 

commercial purpose, either because of 

the nature of the request or because the 

NTSB has reasonable cause to doubt a 


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requester’s stated use, the NTSB shall 

provide the requester with a reasonable 

opportunity to submit further 

clarification. 

(2) ‘‘Direct costs’’ means those 

expenses that an agency actually incurs 

in searching for, reviewing, and 

duplicating records in response to a 

FOIA request. This includes the salaries 

of employees performing the work, as 

listed below, but does not include 

overhead expenses such as the costs of 

office space. 

(3) ‘‘Duplication’’ means the copying 

of a record, or of the information 

contained in a record, in response to a 

FOIA request. 

(4) ‘‘Educational institution’’ means a 

preschool, a public or private 

elementary or secondary school, an 

institution of undergraduate higher 

education, an institution of graduate 

higher education, an institution of 

professional education, or an institution 

of vocational education, that operates a 

program of scholarly research. In order 

for a requester to demonstrate that their 

request falls within the category of an 

‘‘educational institution,’’ the requester 

must show that the request is authorized 

by the qualifying institution and that the 

requester does not seek the records for 

commercial use, but only to further 

scholarly research. 

(5) ‘‘Representative of the news 

media’’ or ‘‘news media requester’’

means any person actively gathering 

news for an entity that is organized and 

operated to publish or broadcast news to 

the public. For ‘‘freelance’’ journalists to 

be regarded as working for a news 

organization, they must demonstrate a 

solid basis for expecting publication 

through that organization (for example, 

a journalist may submit a copy of a 

publication contract for which the 

journalist needs NTSB records). 

(6) ‘‘Review’’ means 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’’ also includes 

processing the record(s) for disclosure, 

which includes redacting and otherwise 

preparing releasable records for 

disclosure. The NTSB may require 

review costs even if the NTSB 

ultimately does not release the record(s). 

(7) ‘‘Search’’ means the process of 

looking for and retrieving records or 

information within the scope of a 

request. ‘‘Search’’ includes page-by-page 

or line-by-line identification of 

information within records and also 

includes reasonable efforts to locate and 

retrieve information from records 

maintained in electronic form or format. 

The NTSB will make an effort to 

conduct such searches in the least 

expensive manner. 

(c) In responding to FOIA requests, 

the NTSB will charge the following fees 

unless a waiver or reduction of fees has 

been granted under paragraph (d) of this 

section: 

(1) Search. 

(i) The NTSB will charge search fees 

for all requests, unless an educational 

institution, a noncommercial scientific 

institution, or a news media 

representative submits a request 

containing adequate justification for 

obtaining a fee waiver. These fees, 

however, are subject to the limitations 

of paragraph (d) of this section. The 

NTSB may charge for time spent 

searching even if the NTSB does not 

locate any responsive record or if the 

NTSB withholds the record(s) located 

because such record(s) are exempt from 

disclosure. 

(ii) The NTSB will charge $4.00 for 

each quarter of an hour spent by clerical 

personnel in searching for and 

retrieving a requested record. Where 

clerical personnel cannot entirely 

perform a search and retrieval (for 

example, where the identification of 

records within the scope of a request 

requires the assistance of professional 

personnel), the applicable fee will 

instead be $7.00 for each quarter hour 

of search time spent by professional 

personnel. Where a request requires the 

time of managerial personnel, the fee 

will be $10.25 for each quarter hour of 

time spent by these personnel. 

(2) Duplication. The NTSB will charge 

duplication fees, subject to the 

limitations of paragraph (d) of this 

section. 

(i) The NTSB utilizes the services of 

a commercial reproduction facility for 

requests for duplicates of NTSB public 

dockets and publications. 

(ii) Regarding the reproduction of 

non-public records in response to a 

FOIA request, the NTSB will charge 

$0.10 per page for the duplication of a 

standard-size paper record. For other 

forms of duplication, the NTSB will 

charge the direct costs of the 

duplication. 

(iii) Where the NTSB certifies records 

upon request, the NTSB will charge the 

direct cost of certification. 

(3) Review. The NTSB will charge fees 

for the initial review of a record to 

determine whether the record falls 

within the scope of a request, or 

whether the record is exempt from 

disclosure. Such fees will be charged to 

requesters who make a request for 

commercial purposes. The NTSB will 

not charge for subsequent review of the 

request and responsive record; for 

example, in general, the NTSB will not 

charge additional fees for review at the 

administrative appeal level when the 

NTSB has already applied an 

exemption. The NTSB will charge 

review fees at the same rate as those 

charged for a search under paragraph 

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

(d) Limitations on charging fees. 

(1) The NTSB will not charge a fee for 

notices, decisions, orders, etc. provided 

to persons acting as parties in the 

investigation, or where required by law 

to be served on a party to any 

proceeding or matter before the NTSB. 

Likewise, the NTSB will not charge fees 

for requests made by family members of 

accident victims, when the NTSB has 

investigated the accident that is the 

subject of the FOIA request. 

(2) The NTSB will not charge a search 

fee for requests from educational 

institutions or representatives of the 

news media. 

(3) The NTSB will not charge a search 

fee or review fee 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 commercial use, the NTSB 

will provide the following items 

without charge: 

(i) The first 100 pages of duplication 

(or the cost equivalent) of a record; and 

(ii) The first two hours of search (or 

the cost equivalent) for a record. 

(5) Whenever the total fee calculated 

under paragraph (c) of this section is 

$14.00 or less for any request, the NTSB 

will not charge a fee. 

(6) When the NTSB’s FOIA Office 

determines or estimates that fees to be 

charged under this section will amount 

to more than $25.00, the Office will 

notify the requester of the actual or 

estimated amount of the fees, unless the 

requester has indicated a willingness to 

pay fees as high as those anticipated. If 

the FOIA Office is able to estimate only 

a portion of the expected fee, the FOIA 

Office will advise the requester that the 

estimated fee may be only a portion of 

the total fee. Where the FOIA Office 

notifies a requester that the actual or 

estimated fees will exceed $25.00, the 

NTSB will not expend additional 

agency resources on the request until 

the requester agrees in writing to pay 

the anticipated total fee. In 

circumstances involving a total fee that 

will exceed $250.00, the NTSB may 

require the requester to make an 

advance payment or deposit of a 

specific amount before beginning to 

process the request. 

(7) The NTSB 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 at 31 


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67530 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 

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

date of the billing until the NTSB 

receives payment. The NTSB shall 

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. 

(8) Where a requester has previously 

failed to pay a properly charged FOIA 

fee to the NTSB within 30 days of the 

date of billing, the NTSB may require 

the requester to pay the full amount 

due, plus any applicable interest, and to 

make an advance payment of the full 

amount of any anticipated fee, before 

the NTSB begins to process a new 

request or continues to process a 

pending request from that requester. 

(9) Where the NTSB reasonably 

believes that a requester or group of 

requesters acting together is attempting 

to divide a request into multiple series 

of requests for the purpose of avoiding 

fees, the NTSB may aggregate those 

requests and charge accordingly. 

(e) Requirements for waiver or 

reduction of fees. For fee purposes, the 

NTSB will determine, whenever 

reasonably possible, the use to which a 

requester will put the requested records. 

(1) The NTSB will furnish records 

responsive to a request without charge, 

or at a reduced charge, where the NTSB 

determines, based on all available 

information, that the requester has 

shown that: 

(i) Disclosure of the requested 

information is in the public interest 

because it is likely to contribute 

significantly to public understanding of 

the operations of activities of the 

government, and 

(ii) Disclosure of the requested 

information is not primarily in the 

commercial interest or for the 

commercial use of the requester. 

(2) In determining whether disclosure 

of the requested information is in the 

public interest, the NTSB will consider 

the following factors: 

(i) Whether the subject of the 

requested records concerns identifiable 

operations or activities of the federal 

government, with a connection that is 

direct and clear, and not remote or 

attenuated. In this regard, the NTSB will 

consider whether a requester’s use of 

the documents would enhance 

transportation safety or contribute to the 

NTSB’s programs. 

(ii) Whether the portions of a record 

subject to disclosure are meaningfully 

informative about government 

operations or activities. The disclosure 

of information already in the public 

domain, in either a duplicative or 

substantially identical form, would not 

be as likely to contribute to such 

understanding where nothing new 

would be added to the public’s 

understanding. 

(iii) Whether disclosure of the 

requested information would contribute 

to the understanding of a reasonably 

broad audience of persons interested in 

the subject, as opposed to the individual 

understanding of the requester. The 

NTSB will consider a requester’s 

expertise in the subject area and ability 

to effectively convey information to the 

public. 

(iv) Whether the disclosure is likely to 

enhance the public’s understanding of 

government operations or activities. 

(3) In determining whether the 

requester is primarily in the commercial 

interest of the requester, the NTSB will 

consider the following factors: 

(i) The existence and magnitude of 

any commercial interest the requester 

may have, or of any person on whose 

behalf the requester may be acting. The 

NTSB will provide requesters with an 

opportunity in the administrative 

process to submit explanatory 

information regarding this 

consideration. 

(ii) Whether the commercial interest 

is greater in magnitude than any public 

interest in disclosure. 

(4) Additionally, the NTSB may, at its 

discretion, waive publication, 

reproduction, and search fees for 

qualifying foreign countries, 

international organizations, nonprofit 

public safety entities, State and Federal 

transportation agencies, and colleges 

and universities, after approval by the 

Chief, Records Management Division. 

(5) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, the NTSB will grant a 

waiver for those particular records. 

(6) Requests for the waiver or 

reduction of fees should address the 

factors listed in paragraphs (2) and (3) 

of this subsection, insofar as they apply 

to each request. The NTSB will exercise 

its discretion to consider the costeffectiveness of its use of administrative 

resources in determining whether to 

grant waivers or reductions of fees. 

(f) Services available free of charge. 

(1) The following documents are 

available without commercial 

reproduction cost until limited supplies 

are exhausted: 

(i) Press releases; 

(ii) Safety Board regulations (Chapter 

VIII of Title 49, Code of Federal 

Regulations); 

(iii) Indexes to initial decisions, Board 

orders, opinion and orders, and staff 

manuals and instructions; 

(iv) Safety recommendations; and 

(v) NTSB Annual Reports. 

(2) The NTSB public Web site, located 

at http://www.ntsb.gov, also includes an 

e-mail subscription service for press 

releases, safety recommendations, and 

other announcements. 

35. Section 801.61 is added as 

follows: 

§ 801.61 Appeals of Fee Determinations. 

Requesters seeking an appeal of the 

FOIA Officer’s fee or fee waiver 

determination must send a written 

appeal to the NTSB’s Managing Director 

within 20 days. The NTSB’s Managing 

Director will determine whether to grant 

or deny any appeal made pursuant to 

§ 801.21 within 20 working days 

(excluding Saturdays, Sundays, and 

legal public holidays) after receipt of 

such appeal, except that this time limit 

may be extended for as many as 10 

additional working days, in accordance 

with § 801.23. 

Dated: November 15, 2006. 

Vicky D’Onofrio, 

Federal Register Liaison Officer. 

[FR Doc. 06–9289 Filed 11–21–06; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; Proposed Rule To List Six 

Foreign Birds as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list six avian species, black stilt 

(Himantopus novaezelandiae), 

caerulean Paradise-flycatcher 

(Eutrichomyias rowleyi), giant ibis 

(Pseudibis gigantea), Gurney’s pitta 

(Pitta gurneyi), Socorro mockingbird 

(Mimodes graysoni), and long-legged 

thicketbird (Trichocichla rufa) as 

endangered, pursuant to the Endangered 

Species Act of 1973, as amended (Act). 

This proposal, if made final, would 

extend the Act’s protection to these 

species. The Service seeks data and 

comments from the public on this 

proposal. 

DATES: We must receive comments and 

information from all interested parties 

by February 20, 2007. Public hearing 

requests must be received by January 8, 

2007. 

ADDRESSES: Submit any comments, 

information, and questions by mail to 


jlentini on PROD1PC65 with PROPOSAL