19798 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

CATEGORY II—Continued 

Drug Assay limits percent 1

Type A Type B maximum (100x) Assay limits percent1Type B/C2

* * * * * * * 

1Percent of labeled amount. 

2Values given represent ranges for either Type B or Type C medicated feeds. For those drugs that have two range limits, the first set is for a 

Type B medicated feed and the second set is for a Type C medicated feed. These values (ranges) have been assigned in order to provide for 

the possibility of dilution of a Type B medicated feed with lower assay limits to make a Type C medicated feed. 

* * * * * 

■ 5. In § 558.261, revise paragraph 

(a)(2), paragraph (c)(2)(i), and the first 

two sentences of paragraph (e)(2)(iii); 

and add new paragraph (e)(3) to read as 

follows: 

§ 558.261 Florfenicol. 

(a) * * * 

(2) 500 grams per kilogram for use as 

in paragraphs (e)(2) and (e)(3) of this 

section. 

* * * * * 

(c) * * * 

(2) * * * 

(i) For catfish and freshwater-reared 

salmonids, must not exceed 15 days 

from the date of issuance; 

* * * * * 

(e) * * * 

(2) * * * 

(iii) * * * Feed containing florfenicol 

shall not be fed for more than 10 days. 

Following administration, fish should 

be reevaluated by a licensed 

veterinarian before initiating a further 

course of therapy. * * * 

(3) Freshwater-reared salmonids—(i) 

Amount. 10 milligrams florfenicol per 

kilogram of fish daily for 10 consecutive 

days. 

(ii) Indications for use. For the control 

of mortality due to coldwater disease 

associated with Flavobacterium 

psychrophilum. 

(iii) Limitations. Feed containing 

florfenicol shall not be fed for more than 

10 days. Following administration, fish 

should be reevaluated by a licensed 

veterinarian before initiating a further 

course of therapy. The effects of 

florfenicol on reproductive performance 

have not been determined. Feeds 

containing florfenicol must be 

withdrawn 15 days prior to slaughter. 

Dated: April 9, 2007. 

Bernadette Dunham, 

Deputy Director, Center for Veterinary 

Medicine. 

[FR Doc. E7–7475 Filed 4–19–07; 8:45 am] 

BILLING CODE 4160–01–S 

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: Final rule. 

SUMMARY: The Broadcasting Board of 

Governors (BBG) is publishing as a final 

rule a regulation governing access to 

BBG information and records in 

connection with legal proceedings in 

which neither the United States nor the 

BBG is a party. The proposed rule was 

published for comment in 72 FR 10954 

dated March 12, 2007. The BBG 

received no responses to the proposed 

rule. The final rule and corresponding 

regulation establishes guidelines for use 

in determining whether BBG employees 

are permitted to testify or to provide 

records relating to their official duties 

and procedures that requesters must 

follow when making demands on, or 

requests to, a BBG employee for official 

documents or to provide testimony. 

DATES: The effective date of the 

regulation is April 23, 2007. 

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: Briefly, 

the final rule prohibits 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 final 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 final 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. The final 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 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. 

The final 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 

amends 22 CFR, Chapter V, by adding 

part 504, 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. 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 19799 

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, 

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 


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19800 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

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) 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 an 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 

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 an 

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 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 19801 

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 § 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 

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: April 16, 2007. 

Carol F. Baker, 

Director, Office of Administration. 

[FR Doc. E7–7559 Filed 4–19–07; 8:45 am] 

BILLING CODE 8610–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0197; FRL–8300–5] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Definition, Emergency Episode, and 

Monitoring Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Nevada Department of Conservation and 

Natural Resources portion of the Nevada 

State Implementation Plan (SIP). These 

revisions concern a definition, an 

emergency episode regulation, and 

various monitoring regulations. We are 

approving state provisions that regulate 

emission sources under the Clean Air 

Act as amended in 1990 (Act or CAA). 

DATES: This rule is effective on June 19, 

2007 without further notice, unless EPA 

receives adverse comments by May 21, 

2007. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0197, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 


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