Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 45609 

Administration Order 7400.9R, Airspace 

Designation and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6002 Class E2 airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

ASW OK E2 Lexington, OK [New] 

Muldrow Army Heliport, OK 

(Lat. 35°01′35′′ N., long. 97°13′54′′ W.) 

Muldrow NDB 

(Lat. 35°01′44′′ N., long. 97°13′50′′ W.) 

That airspace extending upward from the 

surface to and including 3,600 feet above 

mean sea level (MSL) within a 3.7-mile 

radius of the Muldrow Army Heliport and 

within 3 miles each side of the 355° bearing 

from the Muldrow NDB extending from the 

3.7-mile radius of the heliport to 6.8 miles 

north of the heliport. 

* * * * * 

Issued in Fort Worth, TX, on July 3, 2008. 

Richard H. Farrell, III, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E8–17560 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 388 

[Docket No. RM06–23–000] 

Critical Energy Information 

Infrastructure 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to the final regulations 

(Docket No. RM06–23–000) which were 

published in the Federal Register of 

Wednesday, November 14, 2007. The 

final rule document amended 

regulations for gaining access to critical 

energy infrastructure information (CEII). 

DATES: Effective Date: August 6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey H. Kaplan, Office of the General 

Counsel, 888 First Street, NE., 

Washington, DC 20426, 202–502–8305. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of these corrections amended 18 

CFR 388.109 and affect the 

Commission’s fees for records requests. 

Need for Correction 

As published, the final regulations 

contained errors which involved the 

removal of subparagraphs from 18 CFR 

388.109(b). These subparagraphs 

contain critical information addressing 

fees for records requests. 

List of Subjects in 18 CFR Part 388 

Confidential business information, 

Freedom of information. 

■ Accordingly, 18 CFR part 388 is 

corrected by making the following 

correcting amendment: 

PART 388—INFORMATION AND 

REQUESTS 

■ 1. The authority citation for part 388 

continues to read as follows: 

Authority: 5 U.S.C. 301–305, 551, 552 (as 

amended), 553–557, 41 U.S.C. 7101–7352. 

■ 2. Section 388.109(b) is amended by 

adding paragraphs (b)(1), (b)(2), (b)(3), 

(b)(4) and (b)(5) to read as follows: 

§ 388.109 Fees for record requests. 

* * * * * 

(b) * * * 

(1) Definitions: For the purpose of 

paragraph (b) of this section. 

(i) Commercial use request means a 

request from or on behalf of one who 

seeks information for a use or purpose 

that furthers commercial trade, or profit 

interests as these phrases are commonly 

known or have been interpreted by the 

courts in the context of the Freedom of 

Information Act. 

(ii) Educational institution refers to a 

preschool, a public or private 

elementary or secondary school, an 

institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional 

education, and an institution of 

vocational education, which operates a 

program of scholarly research. 

(iii) Noncommercial scientific 

institution refers to an installation that 

is not operated on a commercial basis 

and which is operated solely for the 

purpose of conducting scientific 

research the results of which are not 

intended to promote any particular 

product or industry. 

(iv) Representatives of the news media 

refers to any person actively gathering 

news for an entity that is organized and 

operated to publish or broadcast news to 

the public. The term news means 

information that is about current events 

that would be of current interest to the 

public. Examples of news media entities 

include television or radio stations 

broadcasting to the public at large, and 

publishers of periodicals (but only in 

those instances when the periodicals 

can qualify as disseminations of 

‘‘news’’) who make their products 

available for purchase or subscription 

by the general public. These examples 

are not intended to be all-inclusive. 

Moreover, as traditional methods of 

news delivery evolve (e.g. electronic 

dissemination of newspapers through 

telecommunication services), such 

alternative media may be included in 

this category. A freelance journalist may 

be regarded as working for a news 

organization if the journalist can 

demonstrate a solid basis for expecting 

publication through that organization, 

even though the journalist is not 

actually employed by the news 

organization. A publication contract 

would be the clearest proof, but the 

Commission may also look to the past 

publication record of a requester in 

making this determination. 

(2) Fees. (i) If documents are 

requested for commercial use, the 

Commission will charge the employee’s 

hourly pay rate plus 16% for benefits for 

document search time and for document 

review time, and 15 cents per page for 

duplication. Commercial use requests 

are not entitled to two hours of free 

search time or 100 free pages of 

reproduction of documents. 

(ii) If documents are not sought for 

commercial use and the request is made 

by an educational or non-commercial 

scientific institution, whose purpose is 

scholarly or scientific research, or a 

representative of the news media, the 

Commission will charge 15 cents per 

page for duplication. There is no charge 

for the first 100 pages. 

(iii) For a request not described in 

paragraphs (b)(2)(i) or (ii) of this section, 

the Commission will charge the 

employees hourly pay rate plus 16 

percent for benefits for document search 

and 15 cents per page for duplication. 

There is no charge for the first 100 pages 

of reproduction and the first two hours 

of search time will be furnished without 

charge. 

(iv) The Director, Office of External 

Affairs, will normally provide 

documents by regular mail, with postage 

prepaid by the Commission. However, 

the requester may authorize special 

delivery, such as express mail, at the 

requester’s own expense. 

(v) The Commission, or its designee, 

may establish minimum fees below 

which no charges will be collected, if it 

determines that the costs of routine 

collection and processing of the fees are 

likely to equal or exceed the amount of 

the fees. If total fees assessed by 

Commission staff for a Freedom of 

Information Act request are less than the 

appropriate threshold, the Commission 

may not charge the requesters. 


yshivers on PROD1PC62 with RULES
45610 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 

(vi) Payment of fees must be by check 

or money order made payable to the 

U.S. Treasury. 

(vii) Requesters may not file multiple 

requests at the same time, each seeking 

portions of a document or documents, 

solely in order to avoid payment of fees. 

When the Commission reasonably 

believes that a requester, or a group of 

requesters acting in concert, is 

attempting to break a request down into 

a series of requests for the purpose of 

evading assessment of fees, or otherwise 

reasonably believes that two or more 

requests constitute a single request, the 

Commission may aggregate any such 

requests accordingly. The Commission 

will not aggregate multiple requests on 

unrelated subjects from a requester. 

Aggregated requests may qualify for an 

extension of time under § 388.110(b). 

(3) Fees for unsuccessful search. The 

Commission may assess charges for time 

spent searching, even if it fails to locate 

the records, or if records located are 

determined to be exempt from 

disclosure. If the Commission estimates 

that search charges are likely to exceed 

$25, it will notify the requester of the 

estimated amount of search fees, unless 

the requester has indicated in advance 

willingness to to pay fees as high as 

those anticipated. The requester can 

meet with Commission personnel with 

the object of reformulating the request to 

meet his or her needs at a lower cost. 

(4) Interest—notice and rate. The 

Commission will assess interest charges 

on an unpaid bill starting on the 31st 

day following the day on which the 

billing was sent. Interest will be at the 

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

will accrue from the date of the billing. 

(5) Advance payments. The 

Commission will require a requester to 

make an advance payment, i.e., 

payments before work is commenced or 

continued on a request, if: 

(i) The Commission estimates or 

determines that allowable charges that a 

requester may be required to pay are 

likely to exceed $250. The Commission 

will notify the requester of the estimated 

cost and either require satisfactory 

assurance of full payment where the 

requester has a history of prompt 

payment of fees, or require advance 

payment of charges if a requester has no 

history of payment; or 

(ii) A requester has previously failed 

to pay a fee charged in a timely fashion. 

The Commission will require the 

requester to pay the full amount owed 

plus any applicable interest, and to 

make an advance payment of the full 

amount of the estimated fee before the 

Commission will begin to process a new 

request or a pending request from that 

requester. When the Commission 

requires advance payment or an 

agreement to pay under this paragraph, 

or under § 388.108(a)(5), the 

administrative time limits prescribed in 

this part will begin only after the 

Commission has received the required 

payments, or agreements. 

* * * * * 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E8–18040 Filed 8–5–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

[Docket No. 2008–N–0039] 

Oral Dosage Form New Animal Drugs; 

Oxfendazole Suspension 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental new animal 

drug application (NADA) filed by Fort 

Dodge Animal Health, Division of 

Wyeth. The supplemental NADA 

provides for revised scientific 

nomenclature for an internal parasite for 

which oxfendazole suspension is used 

orally in cattle. 

DATES: This rule is effective August 6, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Donald A. Prater, Center for Veterinary 

Medicine (HFV–130), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8343, email: donald.prater@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Fort 

Dodge Animal Health, Division of 

Wyeth, 800 Fifth St. NW., Fort Dodge, 

IA 50501, filed a supplement to NADA 

140–854 for SYNANTHIC (oxfendazole) 

Bovine Dewormer Suspension, 

approved for oral use in cattle for the 

removal of various internal parasites. 

The supplemental NADA provides for 

revised scientific nomenclature for a 

parasite. The supplemental application 

is approved as of July 7, 2008, and the 

regulations are amended in 21 CFR 

520.1630 to reflect the approval. 

Approval of this supplemental NADA 

did not require review of additional 

safety or effectiveness data or 

information. Therefore, a freedom of 

information summary is not required. 

The agency has determined under 21 

CFR 25.33(a)(1) that this action is of a 

type that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. In § 520.1630, in paragraph 

(e)(2)(ii), remove ‘‘C. mcmasteri’’ and in 

its place add ‘‘C. surnabada’’; and revise 

paragraph (e)(2)(iii) to read as follows: 

§ 520.1630 Oxfendazole suspension. 

* * * * * 

(e) * * * 

(2) * * * 

(iii) Limitations. Cattle must not be 

slaughtered until 7 days after treatment. 

Because a withdrawal time in milk has 

not been established, do not use in 

female dairy cattle of breeding age. 

Dated: July 24, 2008. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E8–18092 Filed 8–5–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

[Docket No. FDA–2008–N–0039] 

Oral Dosage Form New Animal Drugs; 

Amprolium 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 


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