10954 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 

to request a copy of Advisory Circular 

No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedures. 

The Proposal 

The FAA is considering an 

amendment to 14 CFR part 71 by 

modifying the Class E airspace area at 

St. Johns Industrial Air Park, St. Johns, 

AZ. The establishment of an Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) to Runway 

32 at St. Johns Industry Air Park, St. 

Johns, AZ, has made this proposal 

necessary. 

Additional controlled airspace 

extending upward from 700 feet above 

the surface is needed to contain aircraft 

executing the RNAV (GPS) IAP to RWY 

32 at St. Johns Industrial Air Park, St. 

Johns, AZ. The intended effect of this 

proposal is to provide adequate 

controlled airspace for aircraft executing 

the RNAV (GPS) IAP to RWY 32 at St. 

Johns Industrial Air Park, St. Johns, AZ. 

Class E airspace designations are 

published in paragraph 60005 of FAA 

Order 7400.9P dated September 1, 2006, 

and effective September 15, 2006, which 

is Incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in this Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation—(1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; ROUTES; 

AND REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2006, and 

Effective, September 15, 2006, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP AZ E5 St. Johns, AZ [Amended] 

St. Johns Industrial Air Park, AZ 

(Lat. 34°31′07′′ N., long. 109°22′44′′ W.) 

St. Johns VORTAC 

(Lat. 34°25′27′′ N., long. 109°08′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within 4.3 miles each 

side of the St. Johns VORTAC 296° radial 

extending from the St. Johns VORTAC to 23 

miles northwest of the VORTAC, and that 

airspace beginning at lat. 34°23′30′′ N., long. 

109°14′30′′ W., to lat. 34°22′00′′ N., long. 

109°20′00′′ W., to lat. 34°26′00′′ N., long. 

109°21′00′′ W., to the point of beginning. 

That airspace extending upward from 1,200 

feet above the surface within 8.7 miles 

southeast and 6.1 miles northwest of the St. 

Johns VORTAC 067° and 247° radials, 

extending from the 7.8 miles northeast to 

17.4 miles southwest of the VORTAC, 

excluding the portion within the state of New 

Mexico, and that airspace beginning at lat. 

34°47′41′′ N., long. 109°49′22′′ W., to lat. 

34°42′54′′ N., long. 109°35′03′′ W., to lat. 

34°40′56′′ N., long. 109°37′33′′ W., to lat. 

34°47′33′′ N., long. 109°54′19′′ W., to the 

point of beginning and that airspace bounded 

by lat. 34°37′06′′ N., long. 109°48′33′′ W., to 

lat. 34°28′39′′ N., long. 109°27′29′′ W., to lat. 

34°26′21′′ N., long. 109°41′35′′ W., to lat. 

34°33′51′′ N., long. 19°52′12′′ W., to the point 

of beginning. 

* * * * * 

Issued in Los Angeles, California, on 

February 12, 2007. 

Teri L. Bristol, 

Acting Director of Terminal Operations, 

Western Service Area. 

[FR Doc. 07–1127 Filed 3–9–07; 8:45 am] 

BILLING CODE 4910–13–M 

BROADCASTING BOARD OF 

GOVERNORS 

22 CFR Part 504 

Testimony by BBG Employees, 

Production of Official Records, and 

Disclosure of Official Information in 

Legal Proceedings 

AGENCY: Broadcasting Board of 

Governors. 

ACTION: Proposed Rule; Comment 

Request. 

SUMMARY: The Broadcasting Board of 

Governors (BBG) seeks public comment 

on a proposed rule that would govern 

access to BBG information and records 

in connection with legal proceedings in 

which neither the United States nor the 

BBG is a party. The rule would establish 

guidelines for use in determining 

whether BBG employees will be 

permitted to testify or to provide records 

relating to their official duties. The rule 

would also establish procedures that 

requesters would have to follow when 

making demands on or requests to a 

BBG employee for official documents or 

to provide testimony. The proposed rule 

will promote uniformity in decisions, 

conserve the ability of BBG to conduct 

official business, preserve its employee 

resources, protect confidential 

information, provide guidance to 

requestors, minimize involvement in 

matters unrelated to its mission and 

programs, avoid wasteful allocation of 

agency resources, and avoid spending 

public time and money for private 

purposes. 

DATES: Comments must be received on 

or before April 11, 2007. 

ADDRESSES: Send or deliver comments 

to the Office of the General Counsel, 

Broadcasting Board of Governors, 330 

Independence Ave., SW., Washington, 

DC 20237 by mail or fax at (202) 203–

4585. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Veith, Assistant General 

Counsel, Broadcasting Board of 

Governors, 330 Independence Ave., 

SW., Washington, DC 20237, phone: 

(202) 203–4550 or fax at (202) 203–4585. 

SUPPLEMENTARY INFORMATION:

Background 

The BBG occasionally receives 

subpoenas and other informal requests 

for documents and requests for BBG 

employees to provide testimony or 

evidence in cases in which the BBG is 

not a party. Usually these subpoenas or 

requests are for BBG records that are not 

available to the public under the 

Freedom of Information Act. The BBG 

may also receive a request for an 


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employee to provide testimony relating 

to materials contained in BBG’s official 

records or to provide testimony or 

information acquired by a BBG 

employee during the performance of the 

employee’s official duties. 

Although the BBG has rules governing 

requests for information from the 

general public, the BBG currently has no 

regulations governing subpoenas and 

other informal requests for document 

production and testimony of BBG 

employees in legal proceedings. An 

increase in such requests in recent years 

warrants adoption of regulations 

governing their submission, evaluation, 

and processing. Responding to these 

requests and subpoenas is not only 

burdensome, may result in a significant 

disruption of a BBG employee’s work 

schedule and possibly involve the BBG 

in issues unrelated to its 

responsibilities. In order to resolve these 

problems, many agencies have issued 

regulations, similar to the proposed 

regulation, governing the circumstances 

and manner in which an employee may 

respond to demands for testimony or for 

the production of documents. 

Establishing uniform procedures for 

legal processes will ensure timely notice 

and promote centralized decisionmaking. The United States Supreme 

Court upheld this type of regulation in 

United States ex rel. Touhy v. Ragen, 

340 U.S. 462 (1951). 

Briefly summarized, the proposed 

rule will prohibit disclosure of 

nonpublic official records or testimony 

by the BBG’s employees, as defined in 

part 504.4, unless there is compliance 

with the rule. The proposed rule sets 

out the information that requesters must 

provide and the factors that the BBG 

will consider in making determinations 

in response to requests for testimony or 

the production of documents. 

The charges for witnesses are the 

same as those provided in Federal 

courts and the fees related to production 

of records are the same as those charged 

under FOIA. The charges for time spent 

by an employee to prepare for testimony 

and for searches, copying, and 

certification of records by the BBG are 

authorized under 31 U.S.C. 9701, which 

permits an agency to charge for services 

or things of value that are provided by 

the agency. 

This rule applies to a range of matters 

in any legal proceeding in which the 

BBG is not a named party and applies 

to current and former BBG employees. 

Both current and former BBG employees 

are prohibited by 18 U.S.C. 1905 from 

testifying about specific matters 

involving information for which they 

had responsibility during their active 

employment unless permitted to testify 

as provided in the rule. They would not 

be prohibited from testifying about 

general matters unconnected with the 

specific BBG matters for which they had 

responsibility. 

This rule will ensure a more efficient 

use of the BBG’s resources, minimize 

the possibility of involving the BBG in 

issues unrelated to its responsibilities, 

promote uniformity in responding to 

such subpoenas and like requests, and 

maintain the impartiality of the BBG in 

matters that are in dispute between 

other parties. It will also serve the BBG’s 

interest in protecting sensitive, 

confidential, and privileged information 

and records that are generated in 

fulfillment of the BBG’s statutory 

responsibilities. 

This rule is internal and procedural 

rather than substantive. It does not 

create a right to obtain official records 

or the official testimony of a BBG 

employee nor does it create any 

additional right or privilege not already 

available to the BBG to deny any 

demand or request for testimony or 

documents. Failure to comply with the 

procedures set out in these regulations 

would be a basis for denying a demand 

or request submitted to the BBG. 

List of Subjects in 22 CFR Part 504 

Administrative practice and 

procedure. 

For the reasons stated in the 

preamble, the Broadcasting Board of 

Governors proposes to amend 22 CFR, 

Chapter V, by adding part 504, to read 

as follows: 

PART 504—TESTIMONY BY BBG 

EMPLOYEES, PRODUCTION OF 

OFFICIAL RECORDS, AND 

DISCLOSURE OF OFFICIAL 

INFORMATION IN LEGAL 

PROCEEDINGS 

Subpart A—General Provisions 

Sec. 

504.1 Scope and purpose. 

504.2 Applicability. 

504.3 Definitions. 

Subpart B—Demands or Requests for 

Testimony and Production of Documents 

504.4 General prohibition. 

504.5 Factors the BBG will consider. 

504.6 Filing requirements for litigants 

seeking documents or testimony. 

504.7 Service of requests or demands. 

504.8 Processing requests or demands. 

504.9 Final determinations. 

504.10 Restrictions that apply to testimony. 

504.11 Restrictions that apply to released 

records. 

504.12 Procedure when a decision is not 

made prior to the time a response is 

required. 

504.13 Procedure in the event of an adverse 

ruling. 

Subpart C—Schedule of Fees 

504.14 Fees. 

Subpart D—Penalties 

504.15 Penalties. 

Authority: 22 U.S.C. 6204. 

Subpart A—General Provisions 

504.1 Scope and purpose. 

(a) These regulations in this subpart 

establish policy, assign responsibilities 

and prescribe procedures with respect 

to: 

(1) The production or disclosure of 

official information or records by BBG 

employees, and 

(2) The testimony of current and 

former BBG employees, relating to 

official information, official duties, or 

the BBG’s records, in connection with 

federal or state litigation in which the 

BBG is not a party. 

(b) The BBG intends these provisions 

to: 

(1) Conserve the time of BBG 

employees for conducting official 

business; 

(2) Minimize the involvement of BBG 

employees in issues unrelated to BBG’s 

mission; 

(3) Maintain the impartiality of BBG 

employees in disputes between private 

litigants; and 

(4) Protect sensitive, confidential 

information and the deliberative 

processes of the BBG. 

(c) In providing for these 

requirements, the BBG does not waive 

the sovereign immunity of the United 

States. 

(d) This part provides guidance for 

the internal operations of BBG. It does 

not create any right or benefit, 

substantive or procedural, that a party 

may rely upon in any legal proceeding 

against the United States. 

§ 504.2 Applicability. 

This part applies to demands and 

requests to current and former 

employees for factual or expert 

testimony relating to official 

information or official duties or for 

production of official records or 

information, in legal proceedings in 

which the BBG is not a named party. 

This part does not apply to: 

(a) Demands upon or requests for a 

BBG employee to testify as to facts or 

events that are unrelated to his or her 

official duties or that are unrelated to 

the functions of the BBG; 

(b) Demands upon or requests for a 

former BBG employee to testify as to 

matters in which the former employee 

was not directly or materially involved 

while at the BBG; 

(c) Requests for the release of records 

under the Freedom of Information Act, 


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5 U.S.C. 552, or the Privacy Act, 5 

U.S.C. 552a; or 

(d) Congressional demands and 

requests for testimony, records or 

information. 

§ 504. 3 Definitions. 

The following definitions apply to 

this part: 

(a) Demand means an order, 

subpoena, or other command of a court 

or other competent authority for the 

production, disclosure, or release of 

records or for the appearance and 

testimony of a BBG employee in a legal 

proceeding. 

(b) General Counsel means the 

General Counsel of the BBG or a person 

to whom the General Counsel has 

delegated authority under this part. 

(c) Legal proceeding means any matter 

before a court of law, administrative 

board or tribunal, commission, 

administrative law judge, hearing officer 

or other body that conducts a legal or 

administrative proceeding. Legal 

proceeding includes all phases of 

litigation. 

(d) BBG means the Broadcasting 

Board of Governors. 

(e) BBG employee means: 

(1) Any current or former employee of 

the BBG. 

(2) This definition does not include 

persons who are no longer employed by 

the BBG and who agree to testify about 

general matters, matters available to the 

public, or matters with which they had 

no specific involvement or 

responsibility during their employment 

with the BBG. 

(f) Records or official records and 

information means all information in 

the custody and control of the BBG, 

relating to information in the custody 

and control of the BBG, or acquired by 

a BBG employee in the performance of 

his or her official duties or because of 

his or her official status, while the 

individual was employed by the BBG. 

(g) Request means any informal 

request, by whatever method, for the 

production of records and information 

or for testimony which has not been 

ordered by a court or other competent 

authority. 

(h) Testimony means any written or 

oral statements, including depositions, 

answers to interrogatories, affidavits, 

declarations, interviews, and statements 

made by an individual in connection 

with a legal proceeding. 

Subpart B—Demands or Requests for 

Testimony and Production of 

Documents 

§ 504.4 General prohibition. 

(a) In any United States federal, state, 

and local proceeding or administrative 

action, or proceeding or administrative 

action conducted in a foreign country, 

in which the BBG is not a party, no BBG 

employee shall, in response to a 

demand or request for official records or 

information, furnish or produce 

documents or testimony as to any 

material contained in BBG files, any 

information relating to or based upon 

material contained in BBG files, or any 

information or material acquired as part 

of the performance of that person’s 

official duties (or because of that 

person’s official status) without the 

prior written approval of the General 

Counsel. 

(b) Whenever a request or demand for 

information is made upon a BBG 

employee, the employee, wherever 

located, shall immediately prepare a 

report that specifically describes the 

testimony or documents sought and 

immediately notify the General Counsel. 

The BBG employee shall then await 

instructions from the General Counsel 

concerning a response to the request or 

demand. The failure of any BBG 

employee to follow the procedures 

specified in this subpart neither creates 

nor confers any rights, privileges, or 

benefits on any person or party. 

§ 504.5 Factors the BBG will consider. 

The General Counsel, in his or her 

sole discretion, may grant an employee 

permission to testify on matters relating 

to official information, or produce 

official records and information, in 

response to a demand or request. 

Among the relevant factors that the 

General Counsel may consider in 

making this decision are whether: 

(a) The purposes of this part are met; 

(b) Allowing such testimony or 

production of records would be 

necessary to prevent a miscarriage of 

justice; 

(c) Allowing such testimony or 

production of records would assist or 

hinder the BBG in performing its 

statutory duties; 

(d) Allowing such testimony or 

production of records would be in the 

best interest of the BBG or the United 

States; 

(e) The records or testimony can be 

obtained from other sources; 

(f) The demand or request is unduly 

burdensome or otherwise inappropriate 

under the applicable rules of discovery 

or the rules of procedure governing the 

case or matter in which the demand or 

request arose; 

(g) Disclosure would violate a statute, 

Executive Order or regulation; 

(h) Disclosure would reveal 

confidential, sensitive, or privileged 

information, trade secrets or similar, 

confidential or financial information, 

otherwise protected information, or 

information which would otherwise be 

inappropriate for release; 

(i) Disclosure would impede or 

interfere with an ongoing law 

enforcement investigation or 

proceeding, or compromise 

constitutional rights or national security 

interests; 

(j) Disclosure would result in the BBG 

appearing to favor one litigant over 

another; 

(k) Whether the request was served 

before the demand; 

(l) A substantial Government interest 

is implicated; 

(m) The demand or request is within 

the authority of the party making it; and 

(n) The demand or request is 

sufficiently specific to be answered and/ 

or can be limited to information to that 

which would be consistent with the 

factors specified herein. 

§ 504. 6 Filing requirements for litigants 

seeking documents or testimony. 

A litigant must comply with the 

following requirements when filing a 

request for official records and 

information or testimony under this 

subpart. A request should be filed before 

a demand. 

(a) The request must be in writing and 

must be submitted to the General 

Counsel. 

(b) The written request must contain 

the following information: 

(1) The caption of the legal 

proceeding, docket number, and name 

and address of the court or other 

authority involved; 

(2) A copy of the complaint or 

equivalent document setting forth the 

assertions in the case and any other 

pleading or document necessary to 

show relevance; 

(3) A list of categories of records 

sought, a detailed description of how 

the information sought is relevant to the 

issues in the legal proceeding, and a 

specific description of the substance of 

the testimony or records sought; 

(4) A statement as to how the need for 

the information outweighs any need to 

maintain the confidentiality of the 

information and outweighs the burden 

on the BBG to produce the records or 

provide testimony; 

(5) A statement indicating that the 

information sought is not available from 

another source, from other persons or 

entities, or from the testimony of 

someone other than a BBG employee, 

such as a retained expert; 

(6) If testimony is requested, the 

intended use of the testimony, and a 

showing that no document could be 

provided and used in lieu of testimony; 

(7) A description of all prior 

decisions, orders, or pending motions in 


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the case that bear upon the relevance of 

the requested records or testimony; 

(8) The name, address, and telephone 

number of counsel to each party in the 

case; and 

(9) An estimate of the amount of time 

that the requester and other parties will 

require for each BBG employee for time 

spent by the employee to prepare for 

testimony, in travel, and for attendance 

in the legal proceeding. 

(c) The BBG reserves the right to 

require additional information to 

complete the request where appropriate. 

(d) The request should be submitted 

at least 30 days before the date that 

records or testimony is required. 

Requests submitted in less than 30 days 

before records or testimony is required 

must be accompanied by a written 

explanation stating the reasons for the 

late request and the reasons for 

expedited processing. 

(e) Failure to cooperate in good faith 

to enable the General Counsel to make 

an informed decision may serve as the 

basis for a determination not to comply 

with the request. 

(f) The request should state that the 

requester will provide a copy of the BBG 

employee’s statement free of charge and 

that the requester will permit the BBG 

to have a representative present during 

the employee’s testimony. 

§ 504.7 Service of requests or demands. 

Requests or demands for official 

records or information or testimony 

under this Subpart must be served on 

the General Counsel, BBG, 330 

Independence Ave., SW., Washington, 

DC 20237 by mail or fax at (202) 203–

4585 and clearly marked ‘‘Part 504—

Request for Testimony or Official 

Records in Legal Proceedings.’’

§ 504.8 Processing requests or demands. 

(a) After receiving service of a request 

or demand for testimony, the General 

Counsel will review the request and, in 

accordance with the provisions of this 

Subpart, determine whether, or under 

what conditions, to authorize the 

employee to testify on matters relating 

to official information and/or produce 

official records and information. 

(b) Absent exigent circumstances, the 

BBG will issue a determination within 

30 days from the date the request is 

received. 

(c) The General Counsel may grant a 

waiver of any procedure described by 

this Subpart where a waiver is 

considered necessary to promote a 

significant interest of the BBG or the 

United States, or for other good cause. 

(d) Certification (authentication) of 

copies of records. The BBG may certify 

that records are true copies in order to 

facilitate their use as evidence. If a 

requester seeks certification, the 

requester must request certified copies 

from the BBG at least 30 days before the 

date they will be needed. The request 

should be sent to the BBG General 

Counsel. 

§ 504.9 Final determinations. 

The General Counsel makes the final 

determination on demands or requests 

to employees for production of official 

records and information or testimony in 

litigation in which the BBG is not a 

party. All final determinations are 

within the sole discretion of the General 

Counsel. The General Counsel will 

notify the requester and, when 

appropriate, the court or other 

competent authority of the final 

determination, the reasons for the grant 

or denial of the request, and any 

conditions that the General Counsel 

may impose on the release of records or 

information, or on the testimony of a 

BBG employee. The General Counsel’s 

decision exhausts administrative 

remedies for discovery of the 

information. 

§ 504.10 Restrictions that apply to 

testimony. 

(a) The General Counsel may impose 

conditions or restrictions on the 

testimony of BBG employees including, 

for example: 

(1) Limiting the areas of testimony; 

(2) Requiring the requester and other 

parties to the legal proceeding to agree 

that the transcript of the testimony will 

be kept under seal; 

(3) Requiring that the transcript will 

be used or made available only in the 

particular legal proceeding for which 

testimony was requested. The General 

Counsel may also require a copy of the 

transcript of testimony at the requester’s 

expense. 

(b) The BBG may offer the employee’s 

written declaration in lieu of testimony. 

(c) If authorized to testify pursuant to 

this part, an employee may testify as to 

facts within his or her personal 

knowledge, but, unless specifically 

authorized to do so by the General 

Counsel, the employee shall not: 

(1) Disclose confidential or privileged 

information; or 

(2) For a current BBG employee, 

testify as an expert or opinion witness 

with regard to any matter arising out of 

the employee’s official duties or the 

functions of the BBG unless testimony 

is being given on behalf of the United 

States (see also 5 CFR 2635.805). 

(d) The scheduling of an employee’s 

testimony, including the amount of time 

that the employee will be made 

available for testimony, will be subject 

to the BBG’s approval. 

§ 504.11 Restrictions that apply to 

released records. 

(a) The General Counsel may impose 

conditions or restrictions on the release 

of official records and information, 

including the requirement that parties to 

the proceeding obtain a protective order 

or execute a confidentiality agreement 

to limit access and any further 

disclosure. The terms of the protective 

order or of a confidentiality agreement 

must be acceptable to the General 

Counsel. In cases where protective 

orders or confidentiality agreements 

have already been executed, the BBG 

may condition the release of official 

records and information on an 

amendment to the existing protective 

order or confidentiality agreement. 

(b) If the General Counsel so 

determines, original BBG records may 

be presented for examination in 

response to a request, but they may not 

be presented as evidence or otherwise 

used in a manner by which they could 

lose their identity as official BBG 

records, nor may they be marked or 

altered. In lieu of the original records, 

certified copies may be presented for 

evidentiary purposes. 

§ 504.12 Procedure when a decision is not 

made prior to the time a response is 

required. 

If a response to a demand or request 

is required before the General Counsel 

can make the determination referred to 

in Sec. 504.9, the General Counsel, 

when necessary, will provide the court 

or other competent authority with a 

copy of this part, inform the court or 

other competent authority that the 

request is being reviewed, provide an 

estimate as to when a decision will be 

made, and seek a stay of the demand or 

request pending a final determination. 

§ 504. 13 Procedure in the event of an 

adverse ruling. 

If the court or other competent 

authority fails to stay a demand or 

request, the employee upon whom the 

demand or request is made, unless 

otherwise advised by the General 

Counsel, will appear, if necessary, at the 

stated time and place, produce a copy 

of this part, state that the employee has 

been advised by counsel not to provide 

the requested testimony or produce 

documents, and respectfully decline to 

comply with the demand or request, 

citing United States ex rel. Touhy v. 

Ragen, 340 U.S. 462 (1951). 

Subpart C—Schedule of Fees 

§ 504.14 Fees. 

(a) Generally. The General Counsel 

may condition the production of records 

or appearance for testimony upon 


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advance payment of a reasonable 

estimate of the costs to the BBG. 

(b) Fees for records. Fees for 

producing records will include fees for 

searching, reviewing, and duplicating 

records, costs of attorney time spent in 

reviewing the request, and expenses 

generated by materials and equipment 

used to search for, produce, and copy 

the responsive information. Costs for 

employee time will be calculated on the 

basis of the hourly pay of the employee 

(including all pay, allowances, and 

benefits). Fees for duplication will be 

the same as those charged by the BBG 

in its Freedom of Information Act 

regulations at 22 CFR Part 503. 

(c) Witness fees. Fees for attendance 

by a witness will include fees, expenses, 

and allowances prescribed by the 

court’s rules. If no such fees are 

prescribed, witness fees will be 

determined based upon the rule of the 

Federal district court closest to the 

location where the witness will appear 

and on 28 U.S.C. 1821, as applicable. 

Such fees will include cost of time spent 

by the witness to prepare for testimony, 

in travel and for attendance in the legal 

proceeding, plus travel costs. 

(d) Payment of fees. A requester must 

pay witness fees for current BBG 

employees and any record certification 

fees by submitting to the General 

Counsel a check or money order for the 

appropriate amount made payable to the 

Treasury of the United States. In the 

case of testimony of former BBG 

employees, the requester must pay 

applicable fees directly to the former 

BBG employee in accordance with 28 

U.S.C. 1821 or other applicable statutes. 

(e) Waiver or reduction of fees. The 

General Counsel, in his or her sole 

discretion, may, upon a showing of 

reasonable cause, waive or reduce any 

fees in connection with the testimony, 

production, or certification of records. 

(f) De minimis fees. Fees will not be 

assessed if the total charge would be 

$10.00 or less. 

Subpart D—Penalties 

§ 504.15 Penalties. 

(a) An employee who discloses 

official records or information or gives 

testimony relating to official 

information, except as expressly 

authorized by the BBG, or as ordered by 

a Federal court after the BBG has had 

the opportunity to be heard, may face 

penalties as provided in any applicable 

enforcement statute. 

(b) A current BBG employee who 

testifies or produces official records and 

information in violation of this part 

shall be subject to disciplinary action 

and, if done for a valuable 

consideration, may subject that person 

to criminal prosecution. 

Dated: March 6, 2007. 

Carol F. Baker, 

Director, Office of Administration. 

[FR Doc. E7–4329 Filed 3–9–07; 8:45 am] 

BILLING CODE 8610–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–015] 

RIN 1625–AA87 

Security Zone: America’s 400th 

Celebration, Jamestown, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The United States Coast 

Guard is establishing a security zone 

encompassing waters within 2-nautical 

miles of Church Point at 37–12.45 N, 

076–46.66 W, Jamestown Island, VA, for 

America’s 400th Anniversary 

celebration. This action is intended to 

restrict vessel traffic within the security 

zone. This security zone is necessary to 

protect attendees of this event from 

potential maritime hazards and threats 

and enhance public and maritime 

security. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 27, 2007. 

ADDRESSES: You may mail comments 

and related material to the attention of 

LCDR Thomas Tarrants at the address 

listed below. Documents indicated in 

this preamble as being available in the 

docket are part of docket CGD05–07–

015 and are available for inspection or 

copying at USCG Sector Hampton 

Roads, 4000 Coast Guard Blvd., 

Portsmouth, Virginia 23703, between 

9:30 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Thomas Tarrants, Enforcement 

Branch Chief, U.S. Coast Guard Sector 

Hampton Roads, Virginia at (757) 483–

8571. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–07–015, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period. 

We may change this proposed rule in 

view of them. Under 5 U.S.C. 553(d)(3), 

the Coast Guard finds that good cause 

exists for a comment period shorter than 

30 days. This security zone of short 

duration is needed to provide for the 

security of persons at the event, and a 

shortened comment period provides the 

public the ability to comment while 

ensuring the security zone is in place 

before the event. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Sector 

Hampton Roads at the address under 

ADDRESSES explaining why one would 

be beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a separate notice in the Federal 

Register. 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is now a heightened awareness that 

vessels or persons could engage in 

subversive activity against targets ashore 

in the United States. This regulation is 

necessary to protect attendees of 

America’s 400th Anniversary 

celebration on Jamestown Island, VA, 

from potential maritime threats. This 

temporary security zone will only be in 

effect from 3 p.m. on May 11th, 2007 

until 10 p.m. on May 13th, 2007. This 

zone will have minimal impact on 

vessel transits because vessels can 

request authorization from the Captain 

of the Port (COTP) to safely transit 

through the zone and they are not 

precluded from using any portion of the 

waterway except the security zone area 

itself. Additionally, public notifications 

announcing this regulation will be made 

via marine information broadcasts prior 

to the zone taking effect. 

Discussion of Rule 

The Coast Guard is proposing to 

establish a temporary security zone on 

specified waters to provide protection to 

dignitaries visiting Jamestown Island. 

The security zone will be effective from 

3 p.m. on May 11th, 2007, until 10 p.m. 

on May 13th, 2007. The security zone 


jlentini on PROD1PC65 with PROPOSAL