47944 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

Example: An issuer sold 1,000,000 shares,

and 250,000 shares had previously been

registered pursuant to rule 24e–2. Item 5(i)

should show the aggregate sale price of

750,000 shares.

6. Item 5(ii)—Report the aggregate

redemption or repurchase price of securities

redeemed or repurchased during the fiscal

year. Do not include securities that have been

redeemed or repurchased and previously

applied as a reduction to registration fees

pursuant to rule 24e–2 as in effect before

October 11, 1997.

Example: An issuer with an August 30, 1997

fiscal year end registered shares pursuant to

rule 24e–2 in September 1997. The issuer

applied securities redeemed during its 1997

fiscal year to reduce its registration fees

payable under rule 24e–2. The redemption

price of these redeemed securities should not

be included in Item 5(ii).

7. Item 5(iii)—Report the aggregate

redemption or repurchase price of securities

redeemed or repurchased during any prior

fiscal year ending no earlier than October 11,

1995, that were not used previously to reduce

registration fees payable to the Commission.

Do not include securities that have been

redeemed or repurchased and previously

applied as a reduction to registration fees

pursuant to rule 24e–2 as in effect before

October 11, 1997. See the Example to Item

5(ii).

8. Items 5(iv) through 5(vi)—Report the

sum of Items 5(ii) and 5(iii) in Item 5(iv).

Subtract Item 5(iv) from Item 5(i). If Item

5(iv) is less than Item 5(i), report the result

in Item 5(v) (net sales). If Item 5(iv) is greater

than Item 5(i), report the resulting negative

number in parentheses in Item 5(vi) (net

redemptions or repurchases). The amount of

redemptions or repurchases reported in Item

5(vi) may be used by the issuer in future

years to offset sales (by including it in

response to Item 5(iii) of Form 24F–2 filed for

the next fiscal year).

9. Item 5(vii)—The multiplier for

calculation of the registration fee is

determined by the Commission in

accordance with Section 6(b) of the

Securities Act [15 U.S.C. 77f(b)]. As of

October 1, 1996, the multiplier was 1/3300.

Use of a decimal factor or some other method

to calculate registration fees may result in

payment of an incorrect amount. This

multiplier is subject to change from time to

time, without notice, by act of Congress

through appropriations for the Commission

or other laws. Issuers should determine the

current fee rate prior to the time of filing by

reference to Section 6(b) and any law or

regulation affecting Section 6(b). The

Commission generally makes available

information concerning changes in the fee

rate of its Internet site at http://www.sec.gov/

news/press. Unless otherwise specified by

act of Congress, the fee rate in effect at the

time of filing applies to all securities sold

during the fiscal year, regardless of whether

the fee rate changed during the year.

10. Item 5(viii)—If the issuer reports net

redemptions or repurchases in Item 5(vi),

report ‘‘0’’ in Item 5(viii).

11. Item 6—If the issuer has sold securities

during the fiscal year that were registered

under rule 24e–2 as in effect prior to October

11, 1997 (and thus are pre-paid), the issuer

should exclude the pre-paid securities from

5(i) and instead report them in item 6. If,

after deducting the pre-paid securities from

the aggregate sale price of securities sold

during the fiscal year, there is a balance of

pre-paid shares remaining, the issuer should

report those pre-paid shares that remain.

Example: An issuer sold 1,000,000 shares,

and had 1,250,000 shares which were prepaid because they had previously been

registered pursuant to rule 24e–2. Item 5(i)

should show the aggregate sale price was 0,

and Item 6 should show that 1,000,000 prepaid shares were used and that 250,000

prepaid shares remain.

D. Computation of Interest Due if Form is

Filed Late

1. Item 7—Section 24(f) requires any issuer

that pays its registration fee after the Due

Date (see Instruction A.2) to pay interest to

the Commission on amounts not timely paid.

The payment of interest does not preclude

the Commission from bringing an action to

enforce the requirements of section 24(f).

Pursuant to section 11 of the Debt Collection

Act [31 U.S.C. 3717(a)], that rate is published

by the Secretary of the Treasury. The rate is

computed each year for the 12-month period

ending September 30 for applicability

effective January 1 of the following year. The

rate in effect for calendar year 1997 is 5

percent. In some circumstances the rate may

be changed on a quarterly basis. Filers owing

interest should verify the current interest

rate.

2. The interest is assessed only on the

amount of the registration fee due, and begins

to accrue on the day after the Due Date. The

amount of interest due should be calculated

based on the interest rate in effect at the time

the interest payment is made using the

following formula:

I = (X), (Y), (Z/365)

where:

I = Amount of interest due

X = Amount of registration fee due

Y = Applicable interest rate, expressed as a

fraction

Z = Number of days by which the registration

fee payment is late

E. Payment and Signature

1. Item 9—Identify which SEC account

number (payor’s CIK number) was designated

to receive the payment.

2. The Form must be signed on behalf of

the issuer by an authorized officer of the

issuer. See rule 302 of Regulation S–T [17

CFR 232.302] regarding signatures on forms

filed electronically.

F. SEC’s Collection of Information

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless it displays

a currently valid control number. Filing of

this Form is mandatory. The principal

purpose of this collection of information is to

enable issuers to calculate the registration fee

payable to the Commission. The Commission

estimates that the burden for completing the

Form will be approximately 1 hour per filing.

Any member of the public may direct to the

Commission any comments concerning the

accuracy of the burden estimate of this Form,

and any suggestions for reducing this burden.

This collection of information has been

reviewed by the Office of Management and

Budget in accordance with the clearance

requirements of 44 U.S.C. § 3507. The

responses to the collection of information

will not be kept confidential.

[FR Doc. 97–24344 Filed 9–11–97; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS DECATUR (DDG

73) is a vessel of the Navy which, due

to its special construction and purpose,

cannot fully comply with certain

provisions of the 72 COLREGS without

interfering with its special function as a

naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: August 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R.R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, VA

22332–2400, telephone number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

DECATUR (DDG 73) is a vessel of the

Navy which, due to its special

construction and purpose, cannot fully

comply with the following specific

provisions of 72 COLREGS without

interfering with its special function as a

naval ship: Annex I, paragraph 2(f)(i)

pertaining to placement of the masthead

light or lights above and clear of all

other lights and obstructions; Annex I,

paragraph 2(f)(ii) pertaining to the

vertical placement of task lights; Annex
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47945

I, paragraph 3(a) pertaining to the

location of the forward masthead light

in the forward quarter of the vessel, and

the horizontal distance between the

forward and after masthead lights; and,

Annex I, paragraph 3(c) pertaining to

placement of task lights not less than

two meters from the fore and aft

centerline of the ship in the athwartship

direction. The Deputy Assistant Judge

Advocate General (Admiralty) has also

certified that the lights involved are

located in closest possible compliance

with the applicable 72 COLREGS

requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Four, Paragraph 15 of § 706.2 is amended by adding, in numerical order, the following entry for USS

DECATUR:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel Number

Horizontal distance from the

fore and aft centerline of the

vessel in the

athwartship direction

* * * * * * *

USS DECATUR .................................................................................................................................................. DDG 73 1.87 meters.

* * * * * * *

3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical order, the following entry for USS

DECATUR:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative ship’s headings

* * * * * * *

USS DECATUR ....................................................................................................................................... DDG 73 103.00 thru 112.50°.

* * * * * * *

4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS DECATUR:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel No.

Masthead lights

not all other lights

and obstructions.

annex I, sec. 2(f).

Forward masthead light not in

forward quarter of

ship. annex I,

sec. 3(a)

After masthead

light less than 1⁄2

ship’s length aft

of forward masthead light. annex

I, sec. 3(a)

Percentage

horizontal

separation attained

* * * * * * *

USS DECATUR ............................................................. DDG 73 X X X 14.0

* * * * * * *
47946 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

Dated: August 29, 1997.

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 97–24297 Filed 9–11–97; 8:45 am]

BILLING CODE 3810–FF–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH106–1a; FRL–5890–9]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: On February 21, 1997 the

Ohio Environmental Protection Agency

(Ohio EPA) submitted a State

Implementation Plan (SIP) revision

request to USEPA under the Clean Air

Act (CAA). This revision request

contained a number of rules and rule

paragraphs formerly contained in the

Ohio Administrative Code (OAC) which

had been incorporated in the Ohio SIP

but which had been amended or

removed from the OAC by the State. The

State requested that these rules and rule

paragraphs be removed from the Ohio

SIP since they were no longer part of the

OAC. In this action, USEPA is

approving the State’s SIP revision

request through a ‘‘direct final’’

rulemaking; the rationale for this

approval is set forth below. Elsewhere

in this Federal Register, USEPA is

proposing approval and soliciting

comment on this direct final action; if

appropriate comments are received,

USEPA will withdraw the direct final

rulemaking and address the comments

received in a new final rule; otherwise,

no further rulemaking will occur on this

SIP revision request.

DATES: This action will be effective

November 12, 1997 unless substantive

adverse written comments not

previously addressed by the State or

USEPA are received by October 14,

1997. If the effective date of this action

is delayed due to adverse comments,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois, 60604.

Copies of the Ohio submittal are

available for public review during

normal business hours, between 8:00

a.m. and 4:30 p.m., at the above address.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 886–6036.

SUPPLEMENTARY INFORMATION:

I. Background

This is a list of the affected rules and

paragraphs accompanied by an

explanation of the action taken by the

State as well as the reason for the State’s

request to remove it from the SIP.

1. OAC 3745–21–02 Ambient Air

Quality Standards and Guidelines

An amendment to this rule deleted

Paragraph (C) because Paragraph (C) was

superseded by a revision to the National

Ambient Air Quality Standards

(NAAQS).

2. OAC 3745–21–03 Methods of

Ambient Air Quality Measurement

An amendment to this rule deleted

Paragraph (D) because it was superseded

by a USEPA Reference Method.

3. OAC 3745–21–05 Non-Degradation

Policy

This rule was rescinded because it has

been superseded by Federal Prevention

of Significant Deterioration (PSD)

regulations.

4. OAC 3745–22–01 Applicability

OAC 3745–22–02 Definitions. OAC

3745–22–03 Fuel Quality Standards.

OAC 3745–22–04 Registration. OAC

3745–22–05 Transfer Documentation

and Labeling. OAC 3745–22–06

Compliance Averaging. OAC 3745–22–

07 Sampling, Test Methods, and

Compliance Calculations. OAC 3745–

22–08 Recordkeeping, Reporting, and

Auditing

This Chapter of Ohio’s Regulations

was rescinded because Cuyahoga

County was redesignated as attaining

the carbon monoxide NAAQS.

5. OAC 3745–23–03 Compliance Time

Schedule

This rule was rescinded because it is

outdated in that it requires sources to

comply not later than April 15, 1977.

6. OAC 3745–23–04 Non-Degradation

Policy

This rule was rescinded because it

was superseded by Federal PSD

regulations.

7. OAC 3745–23–05 Classification of

Regions

This rule was rescinded because the

State believes it to be outdated. On May

8, 1974 (39 FR 16344) the Administrator

of USEPA promulgated regulations

classifying all Ohio Air Quality Control

Regions as Priority III. This subsequent

Federal rule supplanted the State’s

classification of regions.

8. OAC 3745–102–07 Savings

Provision

This rule was rescinded because

Chapter 102 was approved by USEPA as

a general conformity SIP revision on

March 11, 1996 (61 FR 9644).

II. Rulemaking Action

The USEPA approves the deletion of

the following rules from the Ohio SIP:

OAC 3745–21–02(C), OAC 3745–21–

03(D), OAC 3745–21–05, OAC 3745–22–

01, OAC 3745–22–02, OAC 3745–22–03,

OAC 3745–22–04, OAC 3745–22–05,

OAC 3745–22–06, OAC 3745–22–07,

OAC 3745–22–08, OAC 3745–23–03,

OAC 3745–23–04, OAC 3745–23–05,

and OAC 3745–102–07. Based on the

information submitted by Ohio, the

USEPA has determined that the

deletions are approvable under the

CAA. The USEPA is publishing this

action without prior proposal because

USEPA views this as a noncontroversial

revision and anticipates no adverse

comments.

However, in a separate document in

this Federal Register publication, the

USEPA is proposing to approve the SIP

revision should adverse or critical

written comments be filed. This action

will be effective on November 12, 1997

unless, by October 14, 1997, written

adverse or critical comments are

received.

If the USEPA receives such written

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action.

Public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA does not

plan to institute a second comment