18920 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

(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. 

(d) 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 (e)(2) and 

(e)(3) of this section, insofar as they 

apply to each request. The NTSB will 

exercise its discretion to consider the 

cost-effectiveness of its use of 

administrative resources in determining 

whether to grant waivers or reductions 

of fees. 

(e) 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. 

§ 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: April 10, 2007. 

Vicky D’Onofrio, 

Federal Register Liaison Officer. 

[FR Doc. E7–7103 Filed 4–13–07; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

040907D] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to fully use the 2007 

total allowable catch (TAC) of Pacific 

cod specified for catcher vessels less 

than 60 feet (18.3 m) LOA using pot or 

hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 30, 2007, through 

2400 hrs, A.l.t., December 31, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 30, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to inseason-akr@noaa.gov 

and include in the subject line and body 

of the e-mail the document identifier: 

bspclt60re.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes); or 

• Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 


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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18921 

Follow the instructions at that site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI under 

§ 679.20(d)(1)(iii) on March 30, 2007 (72 

FR 15848, April 3, 2007). 

NMFS has determined that as of April 

6, 2007, approximately 411 metric tons 

of Pacific cod remain in the 2007 Pacific 

cod TAC allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI. 

Therefore, in accordance with 

§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 

to fully use the 2007 TAC of Pacific cod 

specified for catcher vessels less than 60 

feet (18.3 m) LOA using pot or hookand-line gear in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels less than 60 feet (18.3 

m) LOA using pot or hook-and-line gear 

in the BSAI. The opening is effective 

1200 hrs, A.l.t., April 30, 2007, through 

2400 hrs, A.l.t., December 31, 2007. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of the Pacific cod 

fishery by catcher vessels less than 60 

feet (18.3 m) LOA using pot or hookand-line gear in the BSAI. Immediate 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 6, 2007. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until April 30, 2007. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 10, 2007 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–7192 Filed 4–13–07; 8:45 am] 

BILLING CODE 3510–22–S 


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