Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42665

§ 240.17a–5 Reports to be made by certain

brokers and dealers.

* * * * *

(g) Audit objectives. (1) The audit

shall be made in accordance with

generally accepted auditing standards

and shall include a review of the

accounting system, the internal

accounting control and procedures for

safeguarding securitiesincluding

appropriate tests thereof for the period

since the prior examination date. The

audit shall include all procedures

necessary under the circumstances to

enable the independent public

accountant to express an opinion on the

statement of financial condition, results

of operations, cash flow, and the

Computation of Net Capital under

§ 240.15c3–1, the Computation for

Determination of Reserve Requirements

for Brokers or Dealers under Exhibit A

of § 240.15c3–3, and Information

Relating to the Posession or Control

Requirements under § 240.15c3–3. The

scope of the audit and review of the

accounting system, the internal control

and procedures for safeguarding

securities shall be sufficient to provide

reasonable assurance that any material

inadequacies existing at the date of the

examination in (a) the accounting

system; (b) the internal accounting

controls; (c) procedures for safeguarding

securities; and (d) the practices and

procedures whose review is specified in

(i), (ii), (iii) and (iv) of this paragraph

would be disclosed. Additionally, as

specific objectives, the audit shall

include reviews of the practices and

procedures followed by the client:

(i) In making the periodic

computations of aggregate indebtedness

and net capital under § 240.17a–3(a)(11)

and the reserve required by § 240.15c3–

3(e);

(ii) In making the quarterly securities

examinations, counts, verifications and

comparisons and the recordation of

differences required by § 240.17a–13;

(iii) In complying with the

requirement for prompt payment for

securities of section 4(c) of Regulation T

(§ 220.4(c) of chapter II of title 12) of the

Board of Governors of the Federal

Reserve System; and

(iv) In obtaining and maintaining

physical possession or control of all

fully paid and excess margin securities

of customers as required by § 240.15c3–

3. Such review shall include a

determination as to the adequacy of the

procedures described in the records

required to be maintained pursuant to

§ 240.15c3–3(d)(4).

* * * * *

[FR Doc. 97–55509 Filed 8–7–97; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF STATE

[Public Notice 2573]

22 CFR Part 22

Bureau of Consular Affairs; Schedule

of Fees for Consular Services,

Department of State and Overseas

Embassies and Consulates, Diversity

Visa Lottery Fee

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Final rule.

SUMMARY: This publication finalizes the

Department’s proposed rule [62 FR

32558] published June 16, 1997

proposing the fee for administration of

the diversity visa lottery. The fee will be

added to the Schedule of Fees for

Consular Services published in 22 CFR

22.1.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Sally Light, Office of the Executive

Director, Bureau of Consular Affairs,

Room 4820A, Department of State,

Washington, DC, (202) 647–1148.

SUPPLEMENTARY INFORMATION: The

Department is instituting a new fee, in

the nature of a surcharge, to be paid by

applicants for diversity immigrant visas.

This additional fee will recover the full

costs of the visa lottery conducted

pursuant to Sections 203 and 222 of the

Immigration and Nationality Act

(‘‘INA’’), 8 U.S.C. 1153, 1202, from those

successful lottery entrants who actually

apply for diversity visas. The fee was

authorized by Section 636 of the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996, Pub. L. 104–

208, 110 Stat. 3009–703–704 (Sept. 30,

1996). A single fee imposed on actual

diversity visa applicants will ensure

that the costs of administering the

lottery and allocating diversity visas is

recovered from actual users of the

lottery, while avoiding the

impracticable imposition of a fee on all

visa lottery entrants (technically, visa

‘‘petitioners’’). The imposition of a fee

on all entrants rather than actual

applicants is not feasible, given the

millions of entrants, the problems of

collecting a uniform fee from

individuals all over the world (who will

have varying access to U.S. or other

international currency), and the burden

of having to collect and account for

what would be a very small fee from a

large number of persons. Roughly seven

million entrants have registered for the

1998 diversity lottery. Approximately

100,000 of those will be invited to apply

for a visa, and of those, approximately

87,000 will apply and pay the fee. The

Department’s projected cost to

administer the 1998 diversity lottery is

about $6,500,000, which will be covered

by the diversity visa surcharge of $75.

Provision has already been made in

the visa regulations governing the

diversity visa lottery for a fee of this

nature (see 22 CFR 42.33(i)). Thus no

regulatory amendments other than an

addition of the Schedule of Fees for

Consular Services published at 22 CFR

22.1 are required to establish this fee.

The new fee is being added as item

number 19 on the Schedule of Fees.

This will locate it immediately before

the other fees for immigrant visas,

which diversity visa applicants will also

be required to pay (i.e., before the fees

for immigrant visa application and

issuance).

With the exception of nonimmigrant

visa reciprocity fees, which are

established based on the practices of

other countries, all consular fees are

established on a basis of cost recovery

and in a manner consistent with general

user charges principles, regardless of the

specific statutory authority under which

they are promulgated. The proposed fee

is consistent with these principles and

the guidance in OMB Circular A–25,

which addresses the establishment of

user charges. The fee is based on a costof-service study completed in late 1996

that documented the direct and indirect

costs associated with administration of

the diversity visa lottery. The study was

based on fiscal year 1995 data and was

intended to capture the full cost of

service.

This rule is not considered to be a

major rule for purposes of E.O. 12291

nor is it expected to have a significant

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act, 5 U.S.C.

605(b). This rule does not impose

information collection requirements

under the provisions of the Paperwork

Reduction Act, 44 U.S.C. Chapter 35.

This rule has been reviewed as required

by E.O. 12988 and determined to be in

compliance therewith. This rule is

exempt from review under E.O. 12866,

but has been reviewed internally by the

Department to ensure consistency with

the objectives thereof.

Final Rule: The proposed Diversity

Visa Lottery Fee rule invited interested

persons to submit comments. No

comments were received. The proposed

rule is adopted herein without changes

as a final rule.

List of Subjects in 22 CFR Part 22

Fees, Schedule of Fees for Consular

Services, Visas.

Accordingly, part 22 is amended as

follows.
42666 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

PART 22—[AMENDED]

1. The authority citation for part 22 is

revised to read as follows:

Authority: Sec. 3, 63 Stat. 111, as

amended; 22 U.S.C. 211a; 214, 2651, 2651a,

3921, 4219; 31 U.S.C. 9701; E.O. 10718, 22

FR 4632; E.O. 11295, 31 FR 10603; 3 CFR,

1966–1970 Comp. p. 570; Sec. 636, P.L. 104–

208, 110 Stat. 3009–703–704; 8 U.S.C. 1351;

Sec. 140(a), P.L. 103–236, 108 Stat. 399, as

amended.

2. Section 22.1 is amended by revising

the phrase ‘‘(Item Nos. 15 through 19

vacant)’’ immediately following item 14

to read ‘‘(Items Nos. 15 through 18

vacant)’’ and by inserting a new item 19

under the header ‘‘Visa Services for

Aliens’’ to read as follows:

22.1 Schedule of fees.

Item No. Fee

* * * * *

Visa Services for Aliens

19. Immigrant visa application surcharge for Diversity Visa Lottery $75.00

* * * * *

Dated: July 21, 1997.

Patrick F. Kennedy,

Under Secretary for Management, Acting.

[FR Doc. 97–20603 Filed 8–7–97; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

RIN 1218–AA95

Methylene Chloride; Approval of

Information Collection Requirements;

Extension of Start-up Dates

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Final Rule; Amendment;

Announcement of the OMB Approval of

Information Collection Requirements;

Extension of Start-up Dates for

Compliance.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) is

announcing that the collections of

information regarding § 1910.1052(d),

exposure monitoring; § 1910.1052(e),

regulated areas; § 1910.1052(j), medical

surveillance; § 1910.1052(l), employee

information and training; and

§ 1910.1052(m), recordkeeping of

OSHA’s final rule for Occupational

Exposure to Methylene Chloride (MC)

have been approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995.

The OMB approval number is 1218–

0179. In addition, this document

announces that OSHA is providing an

additional 30 days for certain employers

to comply with the start-up dates

contained in § 1910.1052(n).

DATES: Effective August 8, 1997. The

start-up date for initial monitoring as

stated in § 1910.1052(n)(2)(i)(C) is

September 7, 1997 (150 days from the

standard’s effective date of April 10,

1997).

FOR FURTHER INFORMATION CONTACT:

Todd Owen, OSHA, Directorate of

Health Standards Programs, Room

N3718, U.S. Department of Labor, 200

Constitution Avenue, NW, Washington,

DC 20210; Telephone (202) 219–7075

extension 109.

SUPPLEMENTARY INFORMATION: OSHA

published a final rule for Methylene

Chloride, § 1910.1052, on January 10,

1997, at 62 FR 1494 to provide greater

protection to employees exposed to

methylene chloride’s harmful effects.

The final rule became effective on April

10, 1997, although various provisions

did not take effect until the startup dates

specified in paragraph (n)(2), the earliest

of which was August 7, 1997. In

addition, as required by the Paperwork

Reduction Act of 1995, the Federal

Register notice stated that compliance

with the collection of information

requirements in § 1910.1052(d),

exposure monitoring; § 1910.1052(e),

regulated areas; § 1910.1052(j), medical

surveillance; § 1910.1052(l), employee

information and training; and

§ 1910.1052(m), recordkeeping was not

required until those collections of

information had been approved by the

Office of Management and Budget and

until the Department of Labor published

a notice in the Federal Register

announcing the OMB control numbers

assigned by OMB. Under 5 CFR

1320.5(b), an agency may not conduct or

sponsor a collection of information

unless: (1) the collection of information

displays a currently valid OMB control

number; and (2) the agency informs the

potential persons who are to respond to

the collection of information that such

persons are not required to respond to

the collection of information unless it

displays a currently valid OMB control

number.

On May 29, 1997, the Agency

submitted the Methylene Chloride

information collection request to OMB

for approval in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520). On July 29, 1997,

OMB approved the collections of

information and assigned OMB Control

Number 1218–0179. The approval for

the collection expires on February 28,

1999.

With one exception, the earliest startup date for any provision of the

standard, including those with

paperwork requirements, is October 7,

1997. The announcement today of OMB

approval of paperwork requirements is

sufficient notice to permit compliance

without extending those start-up dates.

However, the start-up date for the initial

monitoring provisions (which includes

paperwork requirements) for larger

employers is August 8, 1997. Because

that date is soon after publication of this

notice, OSHA is amending paragraph

§ 1910.1052(n)(2)(i)(C) to allow those

employers an additional 30 days to

come into compliance with the initial

monitoring requirements. OSHA finds

that there is good cause to issue this

extension without notice and public

comment because following such

procedures would be impractical,

unnecessary or contrary to the public

interest in this case. OSHA believes that

it is in the public interest to give

employers additional time between the

notice of OMB approval and the date

that compliance is required.

Authority And Signature

This document was prepared under

the direction of Gregory R. Watchman,

Acting Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Washington, DC 20210.

Signed at Washington, DC this 4th day of

August 1997.

Gregory R. Watchman,

Acting Assistant Secretary for Occupational

Safety and Health.

PART 1910—[AMENDED]

1. The authority citation for Subpart

A of part 1910 continues to read as

follows:

Authority: Secs. 4, 6, 8 of the Occupational

Safety and Health Act of 1970 (29 U.S.C. 653,

655, 657); Secretary of Labor’s Order No. 12–

71 (36 FR 8754), 8–76 (41 FR 25059), 9–83

(48 FR 35736), 1–90 (55 FR 9033), or 6–96

(62 FR 111), as applicable.

§ 1910.8 [Amended]

2. § 1910.8 is amended by adding the

entry ‘‘1910.52 * * * 1218–0179’’ (in

numerical order) to the table in the

section.

3. The general authority citation for

subpart Z of 29 part 1910 is revised to

read as follows:

Authority: Sections 4, 6, and 8 of the

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, and 657); Secretary of

Labor’s Order No. 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55