Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations 47583

FEHBP CLAUSE MATRIX—Continued

Clause No. Text reference Title Use status

Use with experience

rated contracts

Use with

community

rated contracts

FAR 52.246–25 ............... FAR 46.805(a)(4) .................................. Limitation of Liability—

Services.

M T

1652.246–70 .................... 1646.301 ............................................... FEHB Inspection ............. M T T

FAR 52.247–63 ............... FAR 47.405 .......................................... Preference for U.S.-Flag

Carriers.

M T T

1652.249–70 .................... 1649.101–70 ......................................... Renewal and Withdrawal

of Approval.

M T T

1652.249–71 .................... 1649.101–71 ......................................... FEHBP Termination for

Convenience of the

Government—Negotiated Benefits Contracts.

M T T

1652.249–72 .................... 1649.101–72 ......................................... FEHBP Termination for

Default—Negotiated

Benefits Contracts.

M T T

FAR 52.251–1 ................. FAR 51.107 .......................................... Government Supply

Sources.

M T

FAR 52.252–4 ................. FAR 52.107(d) ...................................... Alterations in Contract ..... M T T

FAR 52.252–6 ................. FAR 52.107(f) ....................................... Authorized Deviations in

Clauses.

M T T

PART 1653—FORMS [AMENDED]

34. Part 1653 is amended by removing

all references to § 53.215–2(b), § 53.301–

1412, and SF–1412 in the chart.

[FR Doc. 97–23883 Filed 9–9–97; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1121 and 1150

[STB Ex Parte No. 562]

Acquisition of Rail Lines Under 49

U.S.C. 10901 and 10902; Advance

Notice of Proposed Transaction

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (Board), after reviewing public

comments filed pursuant to the notice of

proposed rulemaking, adopts a 60-day

notice requirement for certain

transactions in which rail lines are

transferred to a new owner or operator

under 49 U.S.C. 10901 and 10902. Final

regulations implementing the notice

requirement are set forth below.

EFFECTIVE DATE: October 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600.

(TDD for the hearing impaired: (202)

565–1695.)

SUPPLEMENTARY INFORMATION: By notice

of proposed rulemaking served and

published in the Federal Register on

May 1, 1997 (62 FR 23742–44), we

sought public comments on our

proposal to amend our exemption

procedures to establish a 60-day notice

to rail employees who work on rail lines

undergoing transfer to a new owner or

operator. We proposed that the notice

requirement would apply to

transactions processed pursuant to the

Board’s exemption authority from: (1)

49 U.S.C. 10902 for Class II rail carriers

to acquire or operate additional lines;

(2) 49 U.S.C. 10902 for Class III rail

carriers to acquire or operate additional

rail lines where the lines to be acquired

or operated, together with the acquiring

carrier’s existing lines, would produce

annual revenue exceeding $5 million; or

(3) 49 U.S.C. 10901 for noncarriers to

acquire or operate rail lines where the

lines to be acquired or operated would

produce annual revenue exceeding $5

million. A number of comments were

filed by interested parties, including

comments from railroads, railroad

associations, rail employee unions, and

members of both Houses of Congress.

Upon reviewing the comments, the

Board is adopting the proposal with

some modifications and clarifications

based on the public comments received.

Additional information is contained in

the Board’s decision served on [date of

service]. To purchase a copy of the

decision, write to, call, or pick up in

person from: DC News & Data, Inc. (202)

289–4357, 1925 K Street, N.W., Room

210, Washington, D.C. 20006.

(Assistance for the hearing impaired is

available through TDD services (202)

565–1695.)

List of Subjects

49 CFR Part 1121

Administrative practice and

procedure, Railroads.

49 CFR Part 1150

Administrative practice and

procedure, Railroads.

Decided: September 2, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board amends title 49,

Chapter X, parts 1121 and 1150 of the

Code of Federal Regulations, to read as

follows:

PART 1121—RAIL EXEMPTION

PROCEDURES

1. The authority citation for part 1121

continues to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 10502

and 10704.

2. Section 1121.4 is amended by

adding a new paragraph (h) to read as

follows:

§ 1121.4 Procedures.

* * * * *

(h) In transactions for the acquisition

or operation of rail lines by Class II rail

carriers under 49 U.S.C. 10902, the

exemption may not become effective

until 60 days after applicant certifies to

the Board that it has posted at the

workplace of the employees on the

affected line(s) and served a notice of

the transaction on the national offices of
47584 Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations

the labor unions with employees on the

affected line(s), setting forth the types

and numbers of jobs expected to be

available, the terms of employment and

principles of employee selection, and

the lines that are to be transferred.

PART 1150—CERTIFICATE TO

CONSTRUCT, ACQUIRE, OR OPERATE

RAILROAD LINES

3. The authority citation for part 1150

continues to read as follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C.

721(a), 10502, 10901 and 10902.

4. Section 1150.32 is amended by

adding a new paragraph (e) to read as

follows:

§ 1150.32 Procedures and relevant dates—

transactions that involve creation of Class

III carriers.

* * * * *

(e) If the projected annual revenue of

the carrier to be created by a transaction

under this exemption exceeds $5

million, applicant must, at least 60 days

before the exemption becomes effective,

post a notice of intent to undertake the

proposed transaction at the workplace

of the employees on the affected line(s)

and serve a copy of the notice on the

national offices of the labor unions with

employees on the affected line(s),

setting forth the types and numbers of

jobs expected to be available, the terms

of employment and principles of

employee selection, and the lines that

are to be transferred, and certify to the

Board that it has done so.

5. Section 1150.35 is amended by

revising paragraph (a) to read as follows:

§ 1150.35 Procedures and relevant dates—

transactions that involve creation of Class

I or Class II carriers.

(a) To qualify for this exemption,

applicant must serve a notice of intent

to file a notice of exemption no later

than 14 days before the notice of

exemption is filed with the Board, and

applicant must comply with the notice

requirement of § 1150.32(e).

* * * * *

6. Section 1150.42 is amended by

adding a new paragraph (e) to read as

follows:

§ 1150.42 Procedures and relevant dates

for small line acquisitions.

* * * * *

(e) If the projected annual revenue of

the rail lines to be acquired or operated,

together with the acquiring carrier’s

projected annual revenue, exceeds $5

million, the applicant must, at least 60

days before the exemption becomes

effective, post a notice of applicant’s

intent to undertake the proposed

transaction at the workplace of the

employees on the affected line(s) and

serve a copy of the notice on the

national offices of the labor unions with

employees on the affected line(s),

setting forth the types and numbers of

jobs expected to be available, the terms

of employment and principles of

employee selection, and the lines that

are to be transferred, and certify to the

Board that it has done so.

7. Section 1150.45 is amended by

revising paragraph (a) to read as follows:

§ 1150.45 Procedures and relevant datestransactions under section 10902 that

involve creation of Class I or Class II rail

carriers.

(a) To qualify for this exemption,

applicant must serve a notice of intent

to file a notice of exemption no later

than 14 days before the notice of

exemption is filed with the Board, and

applicant must comply with the notice

requirement of § 1150.42(e).

* * * * *

[FR Doc. 97–23827 Filed 9–9–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[Docket No. 970527125–7219–02; I.D.

032797B]

RIN 0648–AJ95

Magnuson Act Provisions;

Appointment of Regional Fishery

Management Council Members

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

amend the regulations governing the

nomination and appointment of

members of regional fishery

management councils to establish the

procedures applicable to the nomination

and appointment to the Pacific Fishery

Management Council of a representative

of an Indian tribe with federally

recognized fishing rights from

California, Oregon, Washington, or

Idaho. The purpose of this rule is to

implement certain sections of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) as amended by

the Sustainable Fisheries Act (SFA)

which require such an appointment.

EFFECTIVE DATE: September 5, 1997.

ADDRESSES: Comments on the collection

of information aspects of this rule

should be sent to Mr. William Stelle, Jr.,

Administrator, Northwest Region,

NMFS, 76000 Sand Point Way, BIN

C15700, Seattle, WA 98115–0070; or to

Mr. William Hogarth, Acting

Administrator, Southwest Region,

NMFS, 501 West Ocean Boulevard,

Suite 4200, Long Beach, CA 90802–

4213.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6142

or Rodney McInnis at 562–980–4040.

SUPPLEMENTARY INFORMATION: On

October 11, 1996, President Clinton

signed into law the Sustainable

Fisheries Act, which, in pertinent part,

amended the Magnuson-Stevens Act to

add a seat on the Pacific Fishery

Management Council (Pacific Council)

exclusively for a representative of an

Indian tribe with federally recognized

fishing rights:

The Secretary shall appoint to the Pacific

Council one representative of an Indian tribe

with Federally recognized fishing rights from

California, Oregon, Washington, or Idaho

from a list of not less than 3 individuals

submitted by the tribal governments. The

Secretary, in consultation with the Secretary

of the Interior and tribal governments, shall

establish by regulation the procedure for

submitting a list under this subparagraph

(section 302(b)(5)(A)).

Sections 302(b)(5)(B)(i), (ii), and (iii)

of the Magnuson-Stevens Act require

that representation be rotated among the

tribes taking into consideration the

qualifications of the individuals on the

list, the various rights of the Indian

tribes involved and judicial cases that

set out how those rights are to be

exercised, and the geographic area in

which the tribe of the representative is

located.

NMFS published a proposed rule to

implement these provisions of the

Magnuson-Stevens Act with a 30-day

comment period on July 1, 1997 (62 FR

35468). The comment period was

subsequently extended through August

11, 1997, at the request of the Quileute

Tribal Council.

As in the proposed rule, the final rule

requires the Secretary of Commerce

(Secretary) to consult with the Bureau of

Indian Affairs (BIA), Department of the

Interior, to determine from which

Indian tribes to solicit nominations for

the Council seat. By statute, NMFS must

solicit nominees from those Indian

tribes with federally recognized fishing

rights from California, Oregon,

Washington, or Idaho. The rule requires

the Secretary to solicit written

nominations from each tribal

government and produce a list of not

less than three individuals who are