67530 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules U.S.C. 3717 and will accrue from the be as likely to contribute to such (2) The NTSB public Web site, located date of the billing until the NTSB understanding where nothing new at http://www.ntsb.gov, also includes an receives payment. The NTSB shall would be added to the public’s e-mail subscription service for press follow the provisions of the Debt understanding. releases, safety recommendations, and Collection Act of 1982 (Pub. L. 97–365, (iii) Whether disclosure of the other announcements. 96 Stat. 1749), as amended, and its requested information would contribute 35. Section 801.61 is added as administrative procedures, including to the understanding of a reasonably follows: the use of consumer reporting agencies, broad audience of persons interested in collection agencies, and offset. the subject, as opposed to the individual § 801.61 Appeals of Fee Determinations. (8) Where a requester has previously understanding of the requester. The Requesters seeking an appeal of the failed to pay a properly charged FOIA NTSB will consider a requester’s FOIA Officer’s fee or fee waiver fee to the NTSB within 30 days of the expertise in the subject area and ability determination must send a written date of billing, the NTSB may require to effectively convey information to the appeal to the NTSB’s Managing Director the requester to pay the full amount public. within 20 days. The NTSB’s Managing due, plus any applicable interest, and to (iv) Whether the disclosure is likely to Director will determine whether to grant make an advance payment of the full enhance the public’s understanding of or deny any appeal made pursuant to amount of any anticipated fee, before government operations or activities. § 801.21 within 20 working days the NTSB begins to process a new (3) In determining whether the (excluding Saturdays, Sundays, and request or continues to process a requester is primarily in the commercial legal public holidays) after receipt of pending request from that requester. interest of the requester, the NTSB will such appeal, except that this time limit (9) Where the NTSB reasonably consider the following factors: may be extended for as many as 10 believes that a requester or group of (i) The existence and magnitude of additional working days, in accordance requesters acting together is attempting any commercial interest the requester with § 801.23. to divide a request into multiple series may have, or of any person on whose Dated: November 15, 2006. of requests for the purpose of avoiding behalf the requester may be acting. The Vicky D’Onofrio, fees, the NTSB may aggregate those NTSB will provide requesters with an Federal Register Liaison Officer. requests and charge accordingly. opportunity in the administrative (e) Requirements for waiver or process to submit explanatory [FR Doc. 06–9289 Filed 11–21–06; 8:45 am] reduction of fees. For fee purposes, the information regarding this BILLING CODE 7533–01–P NTSB will determine, whenever consideration. reasonably possible, the use to which a (ii) Whether the commercial interest requester will put the requested records. is greater in magnitude than any public DEPARTMENT OF THE INTERIOR (1) The NTSB will furnish records interest in disclosure. responsive to a request without charge, (4) Additionally, the NTSB may, at its Fish and Wildlife Service or at a reduced charge, where the NTSB discretion, waive publication, determines, based on all available reproduction, and search fees for 50 CFR Part 17 information, that the requester has qualifying foreign countries, Endangered and Threatened Wildlife shown that: international organizations, nonprofit and Plants; Proposed Rule To List Six (i) Disclosure of the requested public safety entities, State and Federal Foreign Birds as Endangered information is in the public interest transportation agencies, and colleges because it is likely to contribute and universities, after approval by the AGENCY: Fish and Wildlife Service, significantly to public understanding of Chief, Records Management Division. Interior. the operations of activities of the (5) Where only some of the records to ACTION: Proposed rule. government, and be released satisfy the requirements for (ii) Disclosure of the requested a waiver of fees, the NTSB will grant a SUMMARY: We, the U.S. Fish and information is not primarily in the waiver for those particular records. Wildlife Service (Service), propose to commercial interest or for the (6) Requests for the waiver or list six avian species, black stilt commercial use of the requester. reduction of fees should address the (Himantopus novaezelandiae), (2) In determining whether disclosure factors listed in paragraphs (2) and (3) caerulean Paradise-flycatcher of the requested information is in the of this subsection, insofar as they apply (Eutrichomyias rowleyi), giant ibis public interest, the NTSB will consider to each request. The NTSB will exercise (Pseudibis gigantea), Gurney’s pitta the following factors: its discretion to consider the cost- (Pitta gurneyi), Socorro mockingbird (i) Whether the subject of the effectiveness of its use of administrative (Mimodes graysoni), and long-legged requested records concerns identifiable resources in determining whether to thicketbird (Trichocichla rufa) as operations or activities of the federal grant waivers or reductions of fees. endangered, pursuant to the Endangered government, with a connection that is (f) Services available free of charge. Species Act of 1973, as amended (Act). direct and clear, and not remote or (1) The following documents are This proposal, if made final, would attenuated. In this regard, the NTSB will available without commercial extend the Act’s protection to these consider whether a requester’s use of reproduction cost until limited supplies species. The Service seeks data and the documents would enhance are exhausted: comments from the public on this transportation safety or contribute to the (i) Press releases; proposal. NTSB’s programs. (ii) Safety Board regulations (Chapter (ii) Whether the portions of a record VIII of Title 49, Code of Federal DATES: We must receive comments and subject to disclosure are meaningfully Regulations); information from all interested parties informative about government (iii) Indexes to initial decisions, Board by February 20, 2007. Public hearing operations or activities. The disclosure orders, opinion and orders, and staff requests must be received by January 8, of information already in the public manuals and instructions; 2007. domain, in either a duplicative or (iv) Safety recommendations; and ADDRESSES: Submit any comments, substantially identical form, would not (v) NTSB Annual Reports. information, and questions by mail to VerDate Aug<31>2005 16:20 Nov 21, 2006 Jkt 211001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 E:\FR\FM\22NOP1.SGM 22NOP1 jlentini on PROD1PC65 with PROPOSAL Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 67531 the Chief, Division of Scientific and Riley 2000). It is only known to extremely rare (Matheu and del Hoyo Authority, U.S. Fish and Wildlife occur in one small, unprotected forest 1992; BirdLife International 2000). The Service, 4401 N. Fairfax Drive, Room on the island of Sangihe, north of remaining giant ibis population is found 750, Arlington, VA 22203; or by fax to Sulawesi, Indonesia (BirdLife in Cambodia, although several sightings 703–358–2276; by e-mail to International 2001; British Broadcasting of giant ibis have been reported from [email protected] or through Corporation 2003). This flycatcher is a southern Laos. The species is the Federal eRulemaking Portal at sedentary insectivore that prefers lower- considered extirpated from Viet Nam http://www.regulations.gov. Comments elevation primary forest habitat; and Thailand (BirdLife International and supporting information will be however, individuals have recently been 2000). available for public inspection, by found in steep, forested gullies (Birdlife The IUCN categorizes the giant ibis as appointment, Monday through Friday International 2004). a ‘‘Critically Endangered’’ species (IUCN from 8 a.m. to 4 p.m. at the above In a review of Indonesia’s 2005). The current status and trend for address. development, degraded rainforests, and the giant ibis is described as declining decreasing biological diversity, (IUCN 2005). The entire giant ibis FOR FURTHER INFORMATION CONTACT: Thompson (1996) noted that the population was estimated at about 250 Marie T. Maltese at the above address, Indonesian rain forests are biologically individuals in 1997, but current or by telephone, 703–358–1708; fax, rich, with more than 10,000 species of estimates put the population at fewer 703–358–2276; or e-mail, trees, 500 species of mammals, and than 50 mature individuals (BirdLife [email protected]. 1,500 species of birds, all playing a vital International 2000). SUPPLEMENTARY INFORMATION: role in regulating the ecosystem. Gurney’s pitta However, Indonesia also has the world’s Background longest list of species threatened with The Gurney’s pitta, first described by In this proposed rule, we propose to extinction, and in his review Thompson Hume in 1875, is classified as list six foreign bird species as stated that the caerulean Paradise- ‘‘Critically Endangered’’ by the IUCN, endangered, pursuant to the Act (16 flycatcher was believed to have become and is considered to be on the verge of U.S.C. 1531 et seq.).