Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50253

(2) If any cracking is detected, prior to

further flight, repair in accordance with a

method approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Thereafter,

repeat this inspection at intervals not to

exceed 11,000 landings.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(e) The inspections and installation shall

be done in accordance with Airbus Service

Bulletin A300–57–6044, Revision 2, dated

September 6, 1995, including Appendix 1,

which contains the specified effective pages:

Page number

shown on

page

Revision

level

shown on

page

Date shown on

page

1–8 ............... 2 .............. Sept. 6, 1995.

9, 10 ............. Original .... Mar. 1, 1993.

Appendix 1

1 ................... 1 .............. Nov. 25, 1994.

2–6 ............... Original .... Mar. 1, 1993.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Airbus Industrie, 1 Rond Point Maurice

Bellonte, 31707 Blagnac Cedex, France.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

October 30, 1997.

Issued in Renton, Washington, on

September 17, 1997.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–25164 Filed 9–24–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13–97–026]

Drawbridge Operation Regulations;

Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation.

SUMMARY: Notice is hereby given that

the Coast Guard has issued a temporary

deviation to the regulations governing

the operation of the twin, Interstate 5,

drawbridges across the Columbia River,

mile 105.6, between Vancouver,

Washington and Portland, Oregon. The

draws of the two bridges need not open

for the passage of vessels from midnight,

September 15 through midnight,

October 7, 1997, to accommodate the

replacement of a defective part in the

lift machinery.

EFFECTIVE DATES: The period of

deviation begins at midnight September

15 and ends at midnight October 7,

1997.

FOR FURTHER INFORMATION CONTACT: Mr.

John E. Mikesell, Chief, Plans and

Programs Section, Thirteenth Coast

Guard District. Telephone number (206)

220–7270.

SUPPLEMENTARY INFORMATION: A recent

survey of the operating machinery of the

twin Interstate 5 Bridges across the

Columbia River revealed serious defects

in the trunion shafts of the lift

mechanism. The shafts require

immediate replacement to insure the

continued safe operation of the lift

spans. During the closure period, low

water conditions will allow for the

passage of most commercial navigation

through an alternate high level fixed

span at midriver.

The District Commander has

authorized a temporary deviation from

the operation regulations from

midnight, September 15, through

midnight, October 7, 1997, during

which the draws of the twin Interstate

5 bridges across the Columbia River

need not open for the passage of vessels,

while repairs are being made to the

draw machinery. A concurrent action by

the Coast Guard Captain of The Port

establishes an Exclusionary Zone which

restricts the entry of vessels into the

area around the drawspans.

This deviation from normal operating

regulations (33 CFR 117.869) is

authorized in accordance with the

provisions of Title 33 of the Code of

Federal Regulations, § 117.35.

Dated: September 9, 1997.

J. David Spade,

Rear Admiral, U.S. Coast Guard, Commander,

13th Coast Guard District.

[FR Doc. 97–25371 Filed 9–24–97; 8:45 am]

BILLING CODE 4910–14–M

LIBRARY OF CONGRESS

36 CFR Part 703

[Docket No. LOC 97–2]

Availability of Library of Congress

Records

AGENCY: Library of Congress.

ACTION: Final regulation.

SUMMARY: The Library of Congress

issues this final regulation to revise

Library of Congress Regulation 1917–3

(see 36 CFR 703.1 et seq.). The revised

regulation will reflect the renaming and

organizational restructuring of the

responsible division from Central

Services to Office Systems Services, an

increase in the number of disclosure

exemptions, a new definitional section

for the types of records covered under

the Regulation, and increased fees and

charges for processing record requests.

Access to Library records, including

those in the LC Archives and exclusive

of materials in the collections, must be

made through the Chief, Office Systems

Services.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Lana Kay Jones, Acting General

Counsel, Office of the General Counsel,

Library of Congress, Washington, D.C.

20540–1050. Telephone No. (202) 707–

6316.

SUPPLEMENTARY INFORMATION: This

Regulation implements the policy of the

Library with respect to the public

availability of Library of Congress

records. Although the Library is not

subject to the Freedom of Information

Act, as amended (5 U.S.C. § 552), this

Regulation follows the spirit of that Act

consistent with the Library’s duties,

functions, and responsibilities to the

Congress. The application of that Act to

the Library is not to be inferred, nor

should this Regulation be considered as

conferring on any member of the public

a right under that Act of access to or

information from the records of the

Library. Nothing in this Regulation

modifies current instructions and

practices in the Library with respect to

handling Congressional correspondence.

The Copyright Office, although a

service unit of the Library, is by law (17

U.S.C. § 701) subject to the provisions of

the Freedom of Information Act, as
50254 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

amended, only for purposes of actions

taken under the copyright law. The

Copyright Office has published its own

regulation with respect to the general

availability of information (see 37 CFR

201.2) and requests for copyright

records made pursuant to the Freedom

of Information Act (see 37 CFR 203.1 et

seq.) and the Privacy Act (see 37 CFR

204.1 et seq.).

List of Subjects in 36 CFR Part 703

Archives and records, Libraries.

Final Regulation

In consideration of the foregoing the

Library of Congress revises 36 CFR part

703 as follows:

PART 703—AVAILABILITY OF

LIBRARY OF CONGRESS RECORDS

Sec.

703.1 Policy.

703.2 Administration responsibilities.

703.3 Definitions.

703.4 Records exempt from disclosure.

703.5 Procedures for access to copying of

records.

703.6 Public reading facility.

703.7 Fees and charges.

Appendix A to Part 703—Fees and Charges

for Services Provided to Requestors of

Records

Authority: 2 U.S.C. 136.

§ 703.1 Policy.

(a) Subject to limitations set out in

this part, Library of Congress records

shall be available as hereinafter

provided and shall be furnished as

promptly as possible within the Library

to any member of the public at

appropriate places and times and for an

appropriate fee, if any.

(b) The Library shall not provide

records from its files that originate in

another federal agency or non-federal

organization to persons who may not be

entitled to obtain the records from the

originator. In such instances, the Library

shall refer requesters to the agency or

organization that originated the records.

(c) In order to avoid disruption of

work in progress, and in the interests of

fairness to those who might be adversely

affected by the release of information

which has not been fully reviewed to

assure its accuracy and completeness, it

is the policy of the Library not to

provide records which are part of ongoing reviews or other current projects.

In response to such requests, the Library

will inform the requester of the

estimated completion date of the review

or project so that the requester may then

ask for the records. At that time, the

Library may release the records unless

the same are exempt from disclosure as

identified in § 703.4.

§ 703.2 Administration responsibilities.

The administration of this part shall

be the responsibility of the Chief, Office

Systems Services (OSS), Library of

Congress, 101 Independence Avenue,

S.E., Washington, DC 20540–9440, and

to that end, the Chief may promulgate

such supplemental rules or guidelines

as may be necessary.

§ 703.3 Definitions.

(a) Records includes all books, papers,

maps, photographs, reports, and other

documentary materials, exclusive of

materials in the Library’s collections,

regardless of physical form or

characteristics, made or received and

under the control of the Library in

pursuance of law or in connection with

the transaction of public business, and

retained, or appropriate for retention, by

the Library as evidence of the

organization, functions, policies,

decisions, procedures, operations, or

other activities of the government or

because of the informational value of

data contained therein. The term refers

only to such items in being and under

the control of the Library. It does not

include the compiling or procuring of a

record, nor does the term include

objects or articles, such as furniture,

paintings, sculpture, three-dimensional

models, structures, vehicles, and

equipment.

(b) Identifiable means a reasonably

specific description of a particular

record sought, such as the date of the

record, subject matter, agency or person

involved, etc. which will permit

location or retrieval of the record.

(c) Records available to the public

means records which may be examined

or copied or of which copies may be

obtained, in accordance with this part,

by the public or representatives of the

press regardless of interest and without

specific justification.

(d) Disclose or disclosure means

making available for examination or

copying, or furnishing a copy.

(e) Person includes an individual,

partnership, corporation, association, or

public or private organization other than

a federal agency.

§ 703.4 Records exempt from disclosure.

(a) The public disclosure of Library

records provided for by this part does

not apply to records, or any parts

thereof, within any of the categories set

out below. Unless precluded by law, the

Chief, OSS, nevertheless may release

records within these categories, except

for Congressional correspondence and

other materials identified in §703.4

(b)(1), after first consulting with the

General Counsel.

(b) Records exempt from disclosure

under these regulations are the

following:

(1) Congressional correspondence and

other materials relating to work

performed in response to or in

anticipation of Congressional requests,

unless authorized for release by officials

of the Congress.

(2) Materials specifically authorized

under criteria established by Executive

Order to be withheld from public

disclosure in the interest of national

defense or foreign policy and that are

properly classified pursuant to

Executive Orders.

(3) Records related solely to the

internal personnel rules and practices of

the Library. This category includes, in

addition to internal matters of personnel

administration, internal rules and

practices which cannot be disclosed

without prejudice to the effective

performance of a Library function, such

as guidelines and procedures used by

auditors, investigators, or examiners in

the Office of the Inspector General.

(4) Records specifically exempted

from disclosure by statute, provided that

such statute:

(i) Requires that the matters be

withheld from the public in such a

manner as to leave no discretion on the

issue; or

(ii) Establishes particular criteria for

withholding or refers to particular types

of matters to be withheld.

(5) Records containing trade secrets

and commercial or financial information

obtained from a person as privileged or

confidential. This exemption may

include, but is not limited to, business

sales statistics, inventories, customer

lists, scientific or manufacturing

processes or development information.

(6) Personnel and medical files and

similar files the disclosure of which

could constitute a clearly unwarranted

invasion of personal privacy. This

exemption includes all private or

personal information contained in files

compiled to evaluate candidates for

security clearances.

(7) Materials and information

contained in investigative or other

records compiled for law enforcement

purposes.

(8) Materials and information

contained in files prepared in

connection with government litigation

and adjudicative proceedings, except for

those portions of such files which are

available by law to persons in litigation

with the Library.

(9) Records having information

contained in or related to examination,

operation, or condition reports prepared

by, on behalf of, or for the use of an
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50255

agency responsible for the regulation or

supervision of financial institutions.

(10) Inter-agency or intra-agency

memoranda, letters or other materials

that are part of the deliberative process,

the premature disclosure of which

would inhibit internal communications

or be detrimental to a Library function

(e.g., case files in the Manuscript

Division).

(11) Records containing information

customarily subject to protection as

privileged in a court or other

proceedings such as information

protected by the doctor-patient, attorney

work product, or attorney-client

privilege.

(12) Information submitted by a

person to the Library in confidence or

which the Library has obligated itself

not to disclose such as information

received by the Office of the Inspector

General through its hotline.

(13) Materials related to specific

patron use of the Library’s collections,

resources, or facilities either on site or

off site. This exemption includes:

(i) Reader records. Library records

which identify readers by name, such as

registration records, reading room logs

or registers, telephone inquiry logs, and

charge slips, if retained for

administrative purposes.

(ii) Use records. Users of the Library

are entitled to privacy with respect to

their presence and use of the Library’s

facilities and resources. Records

pertaining to the use of the Library and

of Library collections and subjects of

inquiry are confidential and are not to

be disclosed either to other readers, to

members of the staff who are not

authorized, or to other inquirers

including officials of law enforcement,

intelligence, or investigative agencies,

except pursuant to court order or

administratively by order of The

Librarian of Congress.

(c) Any reasonably segregable portion

of a record shall be provided to anyone

requesting such records after deletion of

the portions which are exempt under

this section. A portion of a record shall

be considered reasonably segregable

when segregation can produce an

intelligible record which is not distorted

out of context, does not contradict the

record being withheld, and can

reasonably provide all relevant

information.

§ 703.5 Procedure for access to and

copying of records.

(a) A request to inspect or obtain a

copy of an identifiable record of the

Library of Congress shall be submitted

in writing to the Chief, OSS, Library of

Congress, 101 Independence Avenue,

S.E., Washington, DC 20540–9440, who

shall promptly record and process the

request.

(b) Requests for records shall be

specific and shall identify the precise

records or materials that are desired by

name, date, number, or other identifying

data sufficient to allow the OSS staff to

locate, retrieve, and prepare the record

for inspection or copying and to delete

exempted matter where appropriate to

do so. Blanket or generalized requests

(such as ‘‘all matters relating to’’ a

general subject) shall not be honored

and shall be returned to the requester.

(c) Records shall be available for

inspection and copying in person

during business hours.

(d) Records in media other than print

(e.g., microforms and machine-readable

media) shall be available for inspection

in the medium in which they exist.

Copies of records in machine-readable

media shall be made in media

determined by the Chief, OSS.

(e) Library staff shall respond to

requests with reasonable dispatch. Use

of a record by the Library or Library

employees, however, shall take

precedence over any request. Under no

circumstances shall official records be

removed from Library control without

the written authorization of The

Librarian.

(f) The Chief, OSS, shall make the

initial determination on whether:

(1) The record described in a request

can be identified and located pursuant

to a reasonable search; and

(2) The record (or portions thereof)

may be made available or withheld from

disclosure under the provisions of this

part. In making the initial

determinations, the Chief shall consult

with any unit in the Library having a

continuing substantial interest in the

record requested. Where the Chief finds

no valid objection or doubt as to the

propriety of making the requested

record available, the Chief shall honor

the request upon payment of prescribed

fees, if any are required by §703.7.

(g) If the Chief, OSS, determines that

a requested record should be withheld,

the Chief shall inform the requester in

writing that the request has been

denied; shall identify the material

withheld; and shall explain the basis for

the denial. The Chief shall inform the

requester that further consideration of

the denied request may be obtained by

a letter to the General Counsel setting

out the basis for the belief that the

denial of the request was unwarranted.

(h) The General Counsel shall make

the final determination on any request

for reconsideration and shall notify the

requester in writing of that

determination. The decision of the

General Counsel shall be the final

administrative review within the

Library.

(1) If the General Counsel’s decision

reverses in whole or in part the initial

determination by the Chief, OSS, the

Chief shall make the requested record,

or parts thereof, available to the

requester, subject to the provisions of

§ 703.7.

(2) If the General Counsel’s decision

sustains in whole or in part the initial

determination by the Chief, OSS, the

General Counsel shall explain the basis

on which the record, or portions thereof,

will not be made available.

§ 703.6 Public reading facility.

(a) The Chief, OSS, shall maintain a

reading facility for the public inspection

and copying of Library records. This

facility shall be open to the public from

8:30 a.m. to 4:30 p.m., except Saturdays,

Sundays, holidays, and such other times

as the Library shall be closed to the

public.

(b) The General Counsel shall advise

the Chief, OSS, of the records to be

available in the public reading facility

following consultation with the Library

managers who may be concerned.

§ 703.7 Fees and charges.

(a) The Library will charge no fees for:

(1) Access to or copies of records

under the provisions of this part when

the direct search and reproduction costs

are less than $10.

(2) Records requested which are not

found or which are determined to be

exempt under the provisions of this

part.

(3) Staff time spent in resolving any

legal or policy questions pertaining to a

request.

(4) Copies of records, including those

certified as true copies, that are

furnished for official use to any officer

or employee of the federal government.

(5) Copies of pertinent records

furnished to a party having a direct and

immediate interest in a matter pending

before the Library, when furnishing

such copies is necessary or desirable to

the performance of a Library function.

(b) When the costs for services are $10

or more, the Chief, OSS, shall assess and

collect the fees and charges set out in

the appendix to this part for the direct

costs of search and reproduction of

records available to the public.

(c) The Chief, Office Systems

Services, is authorized to waive fees and

charges, in whole or in part, where it is

determined that the public interest is

best served to do so, because waiver is

likely to contribute significantly to

public understanding of the operations

or activities of the government and is

not primarily in the commercial interest
50256 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

of the requester. Persons seeking a

waiver or reduction of fees may be

required to submit a written statement

setting forth the intended purpose for

which the records are requested or

otherwise indicate how disclosure will

primarily benefit the public and, in

appropriate cases, explain why the

volume of records requested is

necessary. Determinations made

pursuant to the authority set out herein

are solely within the discretion of the

Chief, OSS.

(d) Fees and charges for services

identified in the appendix to this part

shall be paid in full by the requester

before the records are delivered.

Payment shall be made in U.S. funds by

personal check, money order, or bank

draft made payable to the Library of

Congress. The Chief, OSS, shall remit all

fees collected to the Director, Financial

Services, who shall cause the same to be

credited to appropriate accounts or

deposited with the U.S. Treasury as

miscellaneous receipts.

(e) The Chief, OSS, shall notify a

requester and may require an advance

deposit where the anticipated fees will

exceed $50.

Appendix A to Part 703—Fees and

Charges for Services Provided to

Requesters of Records

(a) Searches.

(1) There is no charge for searches of less

than one hour.

(2) Fees charged for searches of one hour

or more are based on prevailing rates.

Currently, those charges are:

Personnel searches (clerical)—$15 per hour

Personnel searches (professional)—$25 per

hour

Reproduction costs—$.50 per page

Shipping and mailing fees—variable

(3) In situations involving the use of

computers to locate and extract the requested

information, charges will be based on the

direct cost to the Library, including labor,

material, and computer time.

(b) Duplication of Records. Fees charged

for the duplication of records shall be

according to the prevailing rates established

by the Library’s Photoduplication Service, or

in the case of machine media duplication, by

the Resources Management Staff, Information

Technology Services.

(c) Certifications. The fee charges for

certification of a record as authentic or a true

copy shall be $10.00 for each certificate.

(d) Other Charges. When no specific fee

has been established for a service required to

meet the request for records, the Chief, Office

Systems Services, shall establish an

appropriate fee based on direct costs in

accordance with the Office of Management

and Budget Circular No. A–25.

Date: September 17, 1997.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 97–25347 Filed 9–24–97; 8:45 am]

BILLING CODE 1410–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[FCC 97–272]

Minimum Distance Separations to

Mexican Broadcast Stations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Order modifies the

Commission’s rules to relax the

minimum distance separations between

U.S. FM broadcast stations or allotments

as compared to Mexican FM broadcast

stations or allotments. The revised

separations were promulgated by the

Agreement Between the Government of

the United States of America and the

Government of the United Mexican

States Relating to the FM Broadcasting

Service in the Band 88–108 MHz, dated

August 11, 1992. The revised spacings

are no event greater than, and are in

most cases less than, the required

separations between stations in effect

prior to this date.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Dale

Bickel, Mass Media Bureau, Audio

Services Division, (202) 418–2720, or

via the Internet at dbickel@fcc.gov.

SUPPLEMENTARY INFORMATION: This is the

synopsis of the Commission’s Order,

FCC 97–272, adopted July 31, 1997, and

released August 13, 1997. The complete

text of this Order is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, N.W.,

Washington, DC, and may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., at (202) 857–3800, 1231

20th Street, N.W., Washington, DC

20036. The complete text is also

available as a Word Perfect 5.1 file

through the Internet at http://

www.fcc.gov/Bureaus/MasslMedia/

Orders/1997/fcc97272.wp .

Synopsis of the Order

1. The rule and procedure change

adopted in the Order were enabled by

revisions to the Agreement Between the

Government of the United States of

America and the Government of the

United Mexican States Relating to the

FM Broadcasting Service, dated August

11, 1992. The rule revisions to § 73.207

conform the rule to the agreement.

Because the revisions are made in

response to an international agreement,

and because there will be no adverse

effect on any existing permittee or

licensee or pending applicant, a notice

and comment rulemaking is not

required. See 47 U.S.C. 551(a) and

(b)(3)(B), and 47 CFR 1.412(c).

Final Paperwork Reduction Act of 1995

Analysis

2. This Order contains no new or

modified information collections subject

to the Paperwork Reduction Act of 1995

(‘‘PRA’’).

Final Regulatory Flexibility Analysis

3. Because the rule change conforms

the Commission rule to an international

agreement, and also because the rule

change will not affect any licensee,

permittee, or current applicant, a

Regulatory Flexibility Analysis is not

required. See 5 U.S.C. 551(a) and

553(b)(3)(B). The Commission certifies

that no significant impact on a

substantial number of small entities will

result from adoption of this Order.

Ordering Clauses

4. Accordingly, it is ordered that

pursuant to the authority contained in

Sections 4(i) and 303 of the

Communications Act of 1934, as

amended, 47 CFR part 73 is amended.

5. It is further ordered that the rules

adopted established in this Order will

become effective on September 25,

1997.

List of Subjects in 47 CFR Part 73

Radio broadcasting, Television

broadcasting.

Federal Communications Commission.

Shirley S. Suggs,

Chief, Publications Branch.

Rule Changes

Part 73 of title 47 is amended to read

as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

2. Section 73.207 is amended by

removing the number ‘‘8’’ appearing in

the I.F. column between the entries for

B–B and B–C1 in Table B of paragraph

(b)(2) and by revising paragraph (b)(3) to

read as follows: