8632 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 

(2) After December 31, 2008, USTR 

fails to comply with any time limit 

under the Freedom of Information Act 

for responding to a request for records 

where no unusual or exceptional 

circumstances apply. 

§ 2004.9 Fees for categories of requesters. 

USTR shall assess fees for certain 

categories of requesters as follows: 

(a) Commercial use requesters. In 

responding to commercial use requests, 

USTR shall assess fees that recover the 

full direct costs of searching for, 

reviewing, and duplicating records. 

(b) Educational institutions. USTR 

shall provide records to requesters in 

this category for the cost of duplication 

alone, excluding charges for the first 100 

pages. To qualify for inclusion in this 

fee category, a requester must show that 

the request is authorized by and is made 

under the auspices of a qualifying 

institution and that the records are 

sought to further scholarly research, not 

an individual goal. 

(c) Representatives of the news media. 

USTR shall provide records to 

requesters in this category for the cost 

of duplication alone, excluding charges 

for the first 100 pages. 

(d) All other requesters. USTR shall 

charge requesters who do not fall within 

paragraphs (a) through (c) of this section 

fees that recover the full direct cost of 

searching for and duplicating records, 

excluding charges for the first 100 pages 

of reproduction and the first two hours 

of search time. 

§ 2004.10 Other charges. 

USTR may apply other charges, 

including the following: 

(a) Special charges. USTR shall 

recover the full cost of providing special 

services, such as sending records by 

express mail, to the extent that USTR 

elects to provide them. 

(b) Interest charges. USTR may begin 

assessing interest charges on an unpaid 

bill starting on the 31st day following 

the day on which the FOIA Officer sent 

the billing. Interest shall be charged at 

the rate prescribed in 31 U.S.C. 3717 

and will accrue from the date of billing. 

(c) Aggregating requests. When the 

FOIA Officer reasonably believes that a 

requester or a group of requesters acting 

in concert is attempting to divide a 

request into a series of requests for the 

purpose of avoiding fees, the FOIA 

Officer shall aggregate those requests 

and charge accordingly. 

§ 2004.11 Payment and waiver. 

(a) Remittances. Payment shall be 

made in the form of check or money 

order made payable to the Treasury of 

the United States. At the time the FOIA 

Officer notifies a requester of the 

applicable fees, the Officer shall inform 

the requester of where to send the 

payment. 

(b) Waiver. USTR may waive all or 

part of any fee provided for in §§ 2004.8 

through 2004.9 when the FOIA Officer 

deems that disclosure of the information 

is in the general public’s interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

government and is not primarily in the 

commercial interest of the requester. In 

determining whether a fee should be 

waived, the FOIA Officer may consider 

whether: 

(1) The subject matter specifically 

concerns identifiable operations or 

activities of the government; 

(2) The information is already in the 

public domain; 

(3) Disclosure of the information 

would contribute to the understanding 

of the public-at-large as opposed to a 

narrow segment of the population; 

(4) Disclosure of the information 

would significantly enhance the 

public’s understanding of the subject 

matter; 

(5) Disclosure of the information 

would further a commercial interest of 

the requester; and 

(6) The public’s interest is greater 

than any commercial interest of the 

requester. 

Dated: January 31, 2008. 

Ambassador Susan C. Schwab, 

United States Trade Representative. 

[FR Doc. E8–2254 Filed 2–13–08; 8:45 am] 

BILLING CODE 3190–W8–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 702 

[REG–149475–07] 

RIN 1545–BH36 

Payments From the Presidential 

Primary Matching Payment Account 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS is issuing temporary 

regulations under Part 702, Presidential 

Primary Matching Payment Account, of 

title 26 of the CFR, relating to the 

financing of presidential primary 

campaigns. The temporary regulations 

amend Treasury procedures for making 

payments from the Presidential Primary 

Matching Payment Account (Primary 

Account) to eligible primary candidates. 

The text of those regulations also serves 

as the text for these proposed 

regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by May 14, 2008. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–149475–07), room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–149475–07), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC. Alternatively, 

taxpayers may submit comments 

electronically via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–149475–

07). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Karla M. Meola, (202) 622–4930 (not a 

toll-free number); concerning the 

submission of comments and/or to 

request a public hearing, 

Oluwafunmilayo Taylor of the 

Publications and Regulation Branch at 

(202) 622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

Temporary regulations in the Rules 

and Regulations section of this issue of 

the Federal Register amend 26 CFR part 

702 relating to section 9037 of the 

Internal Revenue Code (Code). The 

temporary regulations authorize the 

Treasury Department to devise 

procedures that ensure payments from 

the Primary Account are made promptly 

to eligible primary candidates. The text 

of the temporary regulations also serves 

as the text for these proposed 

regulations. The preamble to the 

temporary regulations explains the 

amendment. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because the 

regulation does not impose a collection 

of information on small entities, the 


ebenthall on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 8633 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Code, this 

regulation has been submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. The IRS 

and Treasury Department specifically 

request comments on the clarity of the 

proposed rules and how they can be 

made easier to understand. All 

comments will be available for public 

inspection and copying. A public 

hearing will be scheduled if requested 

in writing by any person that timely 

submits written comments. If a public 

hearing is scheduled, notice of the date, 

time, and place for the public hearing 

will be published in the Federal 

Register. 

Drafting Information 

The principal author of these 

regulations is Karla M. Meola, Office of 

the Associate Chief Counsel (Income 

Tax and Accounting), IRS. However, 

other personnel from the IRS and 

Treasury Department participated in 

their development. 

List of Subjects in 26 CFR Part 702 

Campaign Funds. 

Proposed Amendments to the 

Regulations. 

Accordingly, 26 CFR part 702 is 

proposed to be amended as follows: 

PART 702—PRESIDENTIAL PRIMARY 

MATCHING PAYMENT ACCOUNT 

Paragraph 1. The authority citation 

for part 702 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. Section 702.9037–1 is revised 

to read as follows: 

§ 702.9037–1 Transfer of amounts to the 

Presidential Primary Matching Payment 

Account. 

[The text of the proposed § 702.9037–

1 is the same as the text of § 702.9037–

1T(a) through (b)(1) published 

elsewhere in this issue of the Federal 

Register.] 

Par. 3. Section 702.9037–2 is revised 

to read as follows: 

§ 702.9037–2 Payments from the 

Presidential Primary Matching Payment 

Account. 

[The text of proposed § 702.9037–2 is 

the same as the text of § 702.9037–2T(a) 

through (c)(1) published elsewhere in 

this issue of the Federal Register.] 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 08–675 Filed 2–11–08; 12:09 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2007–0198] 

RIN 1625–AA01 

Anchorage Regulations; Stonington, 

ME, Deer Island Thorofare, Penobscot 

Bay, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish Crotch Island Special 

Anchorage in Stonington, Maine, on 

Deer Island Thorofare, Penobscot Bay. 

This action is necessary to facilitate safe 

navigation in that area and to provide 

safe and secure anchorage for vessels of 

not more than 65 feet. This proposal is 

intended to increase the safety for life 

and property on Deer Island Thorofare, 

improve the safety of anchored vessels, 

create workable boundaries for future 

mooring expansion, and provide for the 

overall safe and efficient flow of 

recreational vessels and commerce. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 14, 2008. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpw) (USCG–2007–0198), First Coast 

Guard District, 408 Atlantic Ave., 

Boston, Massachusetts 02110, who 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

room 628, First Coast Guard District 

Boston, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John J. Mauro, Commander (dpw), First 

Coast Guard District, 408 Atlantic Ave., 

Boston, Massachusetts 02110, 

Telephone (617) 223–8355 or e-mail at 

John.J.Mauro@uscg.mil. 

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 (USCG–2007–0198), 

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 they reached us, please enclose 

a stamped, self-addressed 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. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the 

Waterways Management Branch 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 later notice 

in the Federal Register. 

Background and Purpose 

The proposed rule is the result of 

collaboration with the Town of 

Stonington’s Harbor Committee and 

Town Council to accommodate vessels 

mooring in the area. The proposed rule 

would establish Crotch Island Special 

Anchorage area organized from the 

current accommodations of 

approximately 500 moorings. The 

proposed rule is designed to aid the 

Town of Stonington in enforcing its 

mooring and boating regulations by 

clearly defining the available mooring 

fields. In addition, the proposed rule 

will ensure that there are transient 

anchorage areas available, and extend 

the convenience of a special anchorage 

to local vessel owners. The areas under 

consideration are currently established 

mooring areas. 

In developing this proposed rule, the 

Coast Guard has consulted with the 

Army Corps of Engineers, Northeast, 

located at 696 Virginia Road, Concord, 

MA 01742. 

Discussion of Proposed Rule 

The proposed rule would create 

Crotch Island Special Anchorage area 

located at the town of Stonington, 


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