Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11481 

(c) In reaching a decision on whether 

to produce responsive ODNI 

information or material, or to object to 

the demand, the OGC shall consider 

whether: 

(1) Any relevant privileges are 

applicable; 

(2) The applicable rules of discovery 

or procedure require production; 

(3) Production would violate a statute, 

regulation, executive order or other 

provision of law; 

(4) Production would violate a nondisclosure agreement; 

(5) Production would be inconsistent 

with the DNI’s responsibility to protect 

intelligence sources and methods, or 

reveal classified information or state 

secrets; 

(6) Production would violate a 

specific ODNI policy issuance or 

instruction; and 

(7) Production would unduly interfere 

with the orderly conduct of ODNI 

functions. 

(d) If oral or written testimony is 

sought by a demand in a case or matter 

in which the ODNI is not a party, a 

reasonably detailed description of the 

testimony sought in the form of an 

affidavit, or a written statement if that 

is not feasible, by the party seeking the 

testimony or its attorney must be 

furnished to the OGC. 

(e) The OGC shall notify the 

appropriate employees of all decisions 

regarding responses to demands and 

provide advice and counsel for the 

implementation of the decisions. 

(f) If response to a demand is required 

before a decision is made whether to 

provide responsive ODNI information or 

material, an OGC attorney will request 

that a Department of Justice attorney 

appear with the ODNI employee upon 

whom that demand has been made 

before the court or other competent 

authority and provide it with a copy of 

this regulation and inform the court or 

other authority as to the status of the 

demand. The court will be requested to 

stay the demand pending resolution by 

the ODNI. If the request for a stay is 

denied or there is a ruling that the 

demand must be complied with 

irrespective of instructions rendered in 

accordance with this Part, the employee 

upon whom the demand was made 

shall, if directed to do so by the General 

Counsel or its designee, respectfully 

decline to comply with the demand 

under the authority of United States ex 

rel. Touhy v. Ragen, 340 U.S. 462 

(1951), and this regulation. 

(g) ODNI officials may delegate in 

writing any authority given to them in 

this Part to subordinate officials. 

(h) Any individual or entity not an 

ODNI employee as defined in this Part 

who receives a demand for the 

production or disclosure of ODNI 

information or material acquired 

because of that person’s or entity’s 

association with the ODNI should notify 

the OGC ((703) 275–2527) for guidance 

and assistance. In such cases the 

provisions of this regulation shall be 

applicable. 

§ 1703.5 Interpretation. 

Any questions concerning 

interpretation of this Regulation shall be 

referred to the OGC for resolution. 

Corin R. Stone, 

Acting General Counsel, Office of the Director 

of National Intelligence. 

[FR Doc. E9–5756 Filed 3–17–09; 8:45 am] 

BILLING CODE 3910–A7–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Naval Support Activity, Panama City, 

FL 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Correcting amendments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) published a document 

in the Federal Register on September 

12, 2008 (73 FR 52926), revising the 

restricted areas at Naval Support 

Activity (NSA), Panama City (PC), 

Florida. The latitude of the shared point 

for the southeast point of restricted area 

BA–1 (Sec. 334.761(a)(2)) and the 

southwest point of restricted area BA– 

2 (Sec. 334.761(a)(3)) should have been 

provided as 30°10′32′′ N. This document 

corrects the final regulation by revising 

these actions. 

DATES: Effective date: March 18, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division at 904–232–1680. 

SUPPLEMENTARY INFORMATION: On 

September 12, 2008, (73 FR 52926) the 

Corps published a final rule establishing 

ten restricted areas at Naval Support 

Activity (NSA), Panama City (PC), 

Florida. In that final rule, the shared 

point at the southeast point of Area BA– 

1 (§ 334.761(a)(2)) and the southwest 

point of Area BA–2 (§ 334.761(a)(3)) 

overlap a portion of Area BA–3 

(§ 334.761(a)(4)) by one second. To 

correct this error, the southeast point of 

Area BA–1 and the southwest point of 

Area BA–2 are changed to 30°10′32′′ N, 

with no change in the longitudinal 

value. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

■ Accordingly, 33 CFR part 334 is 

amended by making the following 

correcting amendments: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for part 334 

continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. In § 334.761, revise paragraphs 

(a)(2) and (a)(3) to read as follows: 

§ 334.761 Naval Support Activity Panama 

City; St. Andrews Bay; restricted areas. 

* * * * * 

(a) * * * 

(2) Area BA–1. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°11′14′′ N, 085°44′59′′ W; Northeast 

point—30°11′13′′ N, 085°44′32′′ W; 

Southeast point—30°10′32′′ N, 

085°44′32′′ W; Southwest point— 

30°10′32′′ N, 085°44′59′′ W, then 

northerly to point of origin. 

(3) Area BA–2. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°11′13′′ N, 085°44′32′′ W; Northeast 

point—30°11′07′′ N, 085°44′01′′ W; 

Southeast point—30°10′32′′ N, 

085°44′00′′ W; Southwest point— 

30°10′32′′ N, 085°44′32′′ W, then 

northerly to point of origin. 

* * * * * 

Dated: March 9, 2009. 

Michael Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–5748 Filed 3–17–09; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN03 

The Dr. James Allen Veteran Vision 

Equity Act of 2007 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 


tjames on PRODPC61 with RULES