Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41519 

government. The subject of the request 

must concern identifiable operations or 

activities of the Federal Government 

with a connection that is direct and 

clear, not remote or attenuated. 

(ii) Disclosure of the requested 

information is likely to contribute 

significantly to public understanding of 

those operations or activities. This 

factor is satisfied when the following 

criteria are met: 

(A) Disclosure of the requested 

records must be meaningfully 

informative about government 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either the same or a 

substantially identical form, would not 

be meaningfully informative if nothing 

new would be added to the public’s 

understanding. 

(B) The disclosure must contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

as well as the requester’s ability and 

intention to effectively convey 

information to the public must be 

considered. TVA will presume that a 

representative of the news media will 

satisfy this consideration. 

(iii) The disclosure must not be 

primarily in the commercial interest of 

the requester. To determine whether 

disclosure of the requested information 

is primarily in the commercial interest 

of the requester, TVA will consider the 

following criteria: 

(A) TVA must identify whether the 

requester has any commercial interest 

that would be furthered by the 

requested disclosure. A commercial 

interest includes any commercial, trade, 

or profit interest. Requesters will be 

given an opportunity to provide 

explanatory information regarding this 

consideration. 

(B) If there is an identified 

commercial interest, TVA must 

determine whether that is the primary 

interest furthered by the request. A 

waiver or reduction of fees is justified 

when the requirements of paragraphs 

(k)(2)(i) and (ii) of this section are 

satisfied and any commercial interest is 

not the primary interest furthered by the 

request. TVA ordinarily will presume 

that when a news media requester has 

satisfied factors paragraphs (k)(2)(i) and 

(ii), the request is not primarily in the 

commercial interest of the requester. 

Disclosure to data brokers or others who 

merely compile and market government 

information for direct economic return 

will not be presumed to primarily serve 

the public interest. 

(3) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver must be 

granted for those records. 

(4) Requests for a waiver or reduction 

of fees should be made when the request 

is first submitted to TVA and should 

address the criteria referenced above. A 

requester may submit a fee waiver 

request at a later time so long as the 

underlying record request is pending or 

on administrative appeal. When a 

requester who has committed to pay 

fees subsequently asks for a waiver of 

those fees and that waiver is denied, the 

requester must pay any costs incurred 

up to the date the fee waiver request 

was received. 

§ 1301.12 Other rights and services. 

Nothing in this subpart shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the FOIA. 

Janet J. Brewer, 

Senior Vice President, Chief Communications 

& Marketing Officer, Tennessee Valley 

Authority. 

[FR Doc. 2017–18626 Filed 8–31–17; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0825] 

Drawbridge Operation Regulation; 

Willamette River at Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Hawthorne 

Bridge across the Willamette River, mile 

13.1, at Portland, OR. The deviation is 

necessary to accommodate the Race for 

the Cure event. This deviation allows 

the bridge to remain in the closed-tonavigation position to allow safe 

roadway movement of event 

participants. 

DATES: This deviation is effective from 

7 a.m. to noon on September 17, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0825 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Multnomah County, bridge owner, has 

requested a temporary deviation from 

the operating schedule for the 

Hawthorne Bridge across the Willamette 

River, mile 13.1, at Portland, OR. The 

requested deviation is to accommodate 

the Race for the Cure event. To facilitate 

this event, the draw of the subject bridge 

will be allowed to remain in the closedto-navigation position and need not 

open to marine traffic from 7 a.m. to 

noon on September 17, 2017. The 

Hawthorne Bridge provides a vertical 

clearance of 49 feet in the closed-tonavigation position referenced to the 

vertical clearance above Columbia River 

Datum 0.0. The normal operating 

schedule is in 33 CFR 117.897(c)(3)(v). 

Waterway usage on this part of the 

Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. The Coast Guard 

provided notice of and requested 

objections to this deviation to local 

mariners via the Local Notice Mariners, 

and email. No objections were 

submitted to the Coast Guard. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at any time. The 

bridge will be able to open for 

emergencies, and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will inform the users of the 

waterway, through our Local and 

Broadcast Notices to Mariners, of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 25, 2017. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2017–18545 Filed 8–31–17; 8:45 am] 

BILLING CODE 9110–04–P 


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