47166 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Proposed Rules

transactions in currency by persons

other than exempt persons. A bank that

continues for the period permitted by

paragraph (d)(7)(ii) of this section to

treat a person described in paragraph

(d)(2) as exempt from the reporting

requirements of section 103.22(a) on a

basis other than as provided in this

paragraph (d) shall remain subject to the

rules governing an exemption on such

other basis and to the penalties for

failing to comply with the rules

governing such other exemption.

(8) Obligation to file suspicious

activity reports, etc. Nothing in this

paragraph (d) relieves a bank of the

obligation, or alters in any way such

bank’s obligation, to file a report

required by section 103.21 with respect

to any transaction, including any

transaction in currency, or relieves a

bank of any reporting or recordkeeping

obligation imposed by this Part (except

the obligation to report transactions in

currency pursuant to this section to the

extent provided in this paragraph (d)).

(9) Revocation. The status of any

person as an exempt person under this

paragraph (d) may be revoked by

FinCEN by written notice, which may

be provided by publication in the

Federal Register in appropriate

situations, on such terms as are

specified in such notice. Without any

action on the part of the Treasury

Department and subject to the limitation

on liability contained in paragraph

(d)(7)(iii) of this section:

(i) The status of an entity as an

exempt person under paragraph

(d)(2)(iv) ceases once such entity ceases

to be listed on the applicable stock

exchange; and

(ii) The status of a subsidiary as an

exempt person under paragraph (d)(2)(v)

ceases once such subsidiary ceases to

have at least 51 per cent of its common

stock owned by a listed entity.

* * * * *

Dated: August 27, 1997.

Stanley E. Morris,

Director, Financial Crimes Enforcement

Network.

[FR Doc. 97–23639 Filed 9–5–97; 8:45 am]

BILLING CODE 4820–03–P

DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the

Army

33 CFR Part 334

Danger Zones, Chesapeake Bay, Point

Lookout to Cedar Point, Maryland

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Proposed rule.

SUMMARY: This proposed rule invites

comments on the Navy’s proposal to

amend the danger zone regulations,

which establish an aerial firing range

and target areas in the waters of the

Chesapeake Bay. The purpose of the

proposed amendments is to redesignate

the aerial firing range as an aerial and

surface firing range and to increase the

Navy’s use of the range from ‘‘Monday

through Saturday, except holidays’’ to

continuous use. The existing restricted

area at the Hannibal Target encompasses

a water area with a radius of 600 feet.

The proposed change will increase the

radius of the restricted area to 1,000

feet, prohibit entry into the area at all

times and prohibit the public from

climbing on the targets. These proposed

changes are necessary to protect the

public from hazardous conditions

which may exist as a result of the

Navy’s use of this area. Other editorial

amendments are made to reflect changes

in the Navy’s organization.

DATES: Comments should be submitted

by October 8, 1997.

ADDRESSES: Send comments to:

HQUSACE, CECW–OR, Washington,

D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Steve Elinsky at (410) 962–4503 or Mr.

Ralph Eppard at (202) 761–1783.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the

Rivers and Harbors Act of 1917 (40 Stat.

266; 33 U.S.C. 1) and Chapter XIX of the

Army Appropriations Act of 1919 (40

Stat. 892; 33 U.S.C. 3), the Corps

proposes to amend the regulations in 33

CFR Part 334.200. The Commanding

Officer of the U.S. Naval Air Station,

Patuxent River, Maryland has requested

that the Corps amend the danger zone

and restricted area regulations by

redesignating the existing ‘‘aerial firing

range’’ as an ‘‘aerial and surface firing

range’’ and to increase the Navy’s use of

the range from ‘‘Monday through

Saturday, except national holidays’’ to

continuous use. The Navy also proposed

to enlarge the existing restricted area at

the Hannibal Target from a water area

with a radius of 600 feet to a radius of

1,000 feet, and entry into the area is

prohibited at all times. The restricted

area is presently closed during daylight

hours except to vessels authorized entry

by the Navy Command. We are also

adding a prohibition on climbing on the

targets. These proposed changes are

necessary to protect the public from

hazardous conditions which may exist

as a result of the Navy’s use of this area.

Enforcement of these regulations is

being changed from the Commander of

the Naval Air Test Center to the

Commanding Officer of the Naval Air

Station.

Procedural Requirements

(a) Review under Executive Order

12866. This proposed rule is issued

with respect to a military function of the

Defense Department and the provisions

of Executive Order 12291 do not apply.

(b) Review under the Regulatory

Flexibility Act. This proposed final rule

has been reviewed under the Regulatory

Flexibility Act (Pub. L. 96–354), which

requires the preparation of a regulatory

flexibility analysis for any regulation

that will have significant economic

impact on a substantial number of small

businesses (i.e., small businesses and

small Government jurisdictions). It has

been determined that the amendments

to this danger zone would have

practically no impact on the public, no

anticipated navigational hazard or

interference with existing waterway

traffic and accordingly, the Corps

certifies that this proposal if adopted,

will have no significant economic

impact on small entities and preparation

of a regulatory flexibility analysis is not

warranted.

(c) Review under the National

Environmental Policy Act. An

environmental assessment has been

prepared for this action. We have

concluded that the amendments

proposed herein will not have a

significant impact to the human

environment and preparation of an

environmental impact statement is not

required. The environmental assessment

may be reviewed at the Baltimore

District Office. Please contact Mr. Steve

Elinsky at (410) 962–4503 for further

information.

(d) Unfunded Mandates Act. This

proposed rule does not impose an

enforceable duty among the private

sector and therefore, is not a Federal

private sector mandate and is not

subject to the requirements of Section

202 or 205 of the Unfunded Mandates

Act. We have also found under Section

203 of the Act, that small Government

will not be significantly and uniquely

affected by this rulemaking.

(e) Review under the Paperwork

Reduction Act. No additional

information or record keeping

requirements are imposed by this

rulemaking. Accordingly no OMB

clearance is required under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.)

List of Subjects in 33 CFR Part 334

Navigation (water), Transportation,

Danger Zones.
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Proposed Rules 47167

In consideration of the above, the

Corps is proposing to amend Part 334 of

Title 33 as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for part 334

continues to read as follows:

Authority: 40 Stat. 226; (33 U.S.C. 1) and

40 Stat. 892; (33 U.S.C. 3).

2. Section 334.200 is amended by

revising the heading, revising the last

sentence in paragraph (a)(1), revising

paragraphs (b)(2) and (b)(3) and (c), to

read as follows:

§ 334.200 Chesapeake Bay, Point Lookout

to Cedar Point; aerial and surface firing

range areas, U.S. Naval Air Station,

Patuxent River, Maryland, danger zones.

(a) * * *

(1) * * * Aerial and surface firing

and dropping of nonexplosive ordnance

will be conducted throughout the year.

* * * * *

(b) Target areas. * * *

(2) A circular area with a radius of

1,000 yards having its center at latitude

38°02′′18′′, longitude 76°09′26′′,

identified as Hannibal Target.

(3) The regulations. Nonexplosive

projectiles and bombs will be dropped

at frequent intervals in the target areas.

Hooper and Hannibal target areas shall

be closed to navigation at all times,

except for vessels engaged in

operational and maintenance operations

as directed by the Commanding Officer

of the U.S. Naval Air Station, Patuxent

River, Maryland. No person in the

water, vessel or other craft shall enter or

remain in the closed areas or climb

upon the targets, except with prior

written approval of the Commanding

Officer of the U.S. Naval Air Station,

Patuxent River, Maryland.

(c) The regulations in this section

shall be enforced by the Commanding

Officer of the Naval Air Station,

Patuxent River, Maryland, and such

agencies as he/she may designate.

Dated: August 29, 1997

Robert W. Burkhardt,

Colonel, Colonel of Engineers, Executive

Director of Civil Works.

[FR Doc. 97–23384 Filed 9–5–97; 8:45 am]

BILLING CODE 3710–92–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 292

RIN 0596–AB39

National Recreation Areas; Smith River

National Recreational Area

AGENCY: Forest Service, USDA.

ACTION: Proposed rule.

SUMMARY: This notice of proposed

rulemaking sets forth the procedures by

which the Forest Service proposes to

regulate mineral operations on National

Forest System lands within the Smith

River National Recreation Area.

Required by statute, this proposed rule

would supplement existing Forest

Service mineral regulations. The

intended effect is to allow for mineral

operations in a manner consistent with

the purposes for which Congress

established the Smith River National

Recreation Area.

DATES: Comments must be received in

writing by November 7, 1997.

ADDRESSES: Send written comments to

Director, Minerals and Geology

Management Staff, MAIL STOP 1126,

Forest Service, USDA, PO Box 96090,

Washington, DC 20090–6090. All

comments, including names and

addresses when provided, will be

placed in the record and are made

available for public inspection and

copying.

The public may inspect comments

received on this proposed rule in the

office of the Director, Fourth floor,

Central Wing, Auditors Building, 201

Fourteenth Street SW., Washington, DC,

between the hours of 8:30 am and 4:30

pm. Those wishing to inspect comments

are encouraged to call (202) 205–1535

ahead of time to facilitate entry into the

building.

FOR FURTHER INFORMATION CONTACT:

Sam Hotchkiss, Minerals and Geology

Management Staff, (202) 205–1535.

SUPPLEMENTARY INFORMATION: The Smith

River National Recreation Area

(SRNRA) was established by the Smith

River National Recreation Area Act of

1990 (the Act) (16 U.S.C. 460bbb et

seq.). The purposes of the Act are to

ensure, ‘‘* * * the preservation,

protection, enhancement, and

interpretation for present and future

generations of the Smith River

Watershed’s outstanding wild and

scenic rivers, ecological diversity, and

recreation opportunities while

providing for the wise use and sustained

productivity of its natural resources

* * *.’’ In order to meet the purposes

of the Act, Congress directed the Forest

Service to administer the SRNRA to,

among other things, provide for a broad

range of recreation uses and improve

fisheries and water quality. Subject to

valid existing rights, Congress

prohibited locatable mineral operations,

prohibited mineral leasing (including

leasing of geothermal resources), and

limited the extraction of mineral

materials within the SRNRA to

situations where the material extracted

is used for construction and

maintenance of roads and other

facilities within the SRNRA and in

certain areas specifically excluded from

the SRNRA by the Act.

The SRNRA consists of approximately

300,000 acres of National Forest System

lands in the Six Rivers National Forest

in northern California. The Act divided

the SRNRA into eight distinct

management areas and specified a

management emphasis for each. There

are also four areas within the exterior

boundary of the SRNRA that are

expressly excluded from the provisions

of the Act.

One of the eight management areas

established by the Act is the Siskiyou

Wilderness, most of which was

established on September 26, 1984. The

Gasquet-Orleans Corridor was added to

the Siskiyou Wilderness by the Act in

1990. The Act specified that the

Siskiyou Wilderness be managed

pursuant to the provisions of the

Wilderness Act. In accordance with

section 4(d)(3) of the Wilderness Act,

the federal lands within the Siskiyou

Wilderness (excluding the GasquetOrleans Corridor addition) were

withdrawn from the operation of the

mining and mineral leasing laws,

subject to valid existing rights, as of

September 26, 1984.

The Act also redesignated the

following rivers or river segments and

some of their tributaries as components

of the National Wild and Scenic Rivers

System: (1) The Smith River; (2) the

Middle Fork of the Smith River; (3) the

North Fork of the Smith River; (4) the

Siskiyou Fork of the Smith River; and

(5) the South Fork of the Smith River.

These same rivers and most of the

designated tributaries had previously

been designated components of the

Wild and Scenic Rivers System on

January 19, 1981, pursuant to section

2(a)(ii) of the Wild and Scenic Rivers

Act. The Act designated as wild

segments two tributaries which had not

been designated on January 19, 1981—

Peridotite Creek, tributary to the North

Fork of the Smith River; and Harrington

Creek, tributary to the South Fork of the

Smith River which is within the

Siskiyou Wilderness. The Act also