Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 51601

The applicable FAA Forms are

identified as FAA Form 8260–5.

Materials incorporated by reference are

available for examination or purchase as

stated above.

The large number of SIAP’s, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR sections, with the types

and effective dates of the SIAPs. This

amendment also identifies the airport,

its location, the procedure identification

and the amendment number.

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. The

SIAP’s contained in this amendment are

based on the criteria contained in the

United States Standard for Terminal

Instrument Approach Procedures

(TERPS). In developing these SIAPs, the

TERPS criteria were applied to the

conditions existing or anticipated at the

affected airports.

The FAA has determined through

testing that current non-localizer type,

non-precision instrument approaches

developed using the TERPS criteria can

be flown by aircraft equipped with

Global Positioning System (GPS)

equipment. In consideration of the

above, the applicable SIAP’s will be

altered to include ‘‘or GPS’’ in the title

without otherwise reviewing or

modifying the procedure. (Once a stand

alone GPS procedure is developed, the

procedure title will be altered to remove

‘‘or GPS’’ from these non-localizer, nonprecision instrument approach

procedure titles.)

The FAA has determined through

extensive analysis that current SIAP’s

intended for use by Area Navigation

(RNAV) equipped aircraft can be flown

by aircraft utilizing various other types

of navigational equipment. In

consideration of the above, those SIAP’s

currently designated as ‘‘RNAV’’ will be

redesignated as ‘‘VOR/DME RNAV’’

without otherwise reviewing or

modifying the SIAP’s.

Because of the close and immediate

relationship between these SIAP’s and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAPs are, impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports,

Navigation (air).

Issued in Washington, DC on September

19, 1997.

Louis C. Cusimano,

Acting Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97

continues to read:

Authority: 49 U.S.C. 106(g), 40103, 40106,

40113–40114, 40120, 44502, 44514, 44701,

44719, 44721–44722.

§§ 97.23, 97.27, 97.33 and 97.35 [Amended]

2. Amend 97.23, 97.27, 97.33 and

97.35, as appropriate, by adding,

revising, or removing the following

SIAP’s effective at 0901 UTC on the

dates specified:

* * * Effective Nov 6, 1997

Bay Minette, AL, Bay Minette Muni, VOR or

GPS RWY 8, Amdt 6 CANCELLED

Bay Minette, AL, Bay Minette Muni, VOR

RWY 8, Amdt 6

Birmingham, AL, Birmingham Intl, NDB or

GPS RWY 23, Amdt 16 CANCELLED

Birmingham, AL, Birmingham Intl, NDB

RWY 23, Amdt 16

Talladega, AL, Talladega Muni, VOR/DME or

GPS RWY 3, Amdt 4 CANCELLED

Talladega, AL, Talladega Muni, VOR/DME

RWY 3, Amdt 4

Silver Bay, MN, Silver Bay Muni, NDB or

GPS RWY 25, Orig CANCELLED

Silver Bay, MN, Silver Bay Muni, NDB RWY

25, Orig

Billings, MT, Billings Logan Intl, VOR/DME

RNAV or GPS RWY 28R, Amdt 2

CANCELLED

Billings, MT, Billings Logan Intl, VOR/DME

RNAV RWY 28R, Amdt 2

Billings, MT, Billings Logan Intl, NDB or GPS

RWY 10L, Amdt 19 CANCELLED

Billings, MT, Billings Logan Intl, NDB RWY

10L, Amdt 19

Clinton, NC, Sampson County, NDB or GPS

RWY 6, Amdt 5 CANCELLED

Clinton, NC, Sampson County, NDB RWY 6,

Amdt 5

Conway, SC, Conway-Horrt County, NDB or

GPS RWY 4, Amdt 1 CANCELLED

Conway, SC, Conway-Horrt County, NDB

RWY 4, Amdt 1

[FR Doc. 97–26122 Filed 10–1–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Paroling, Recommitting, and

Supervising Federal Prisoners;

Disclosure of Parole Commission

Regional Office File

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

SUMMARY: U.S. Parole Commission is

amending its regulations on disclosure

of Parole Commission files to provide

for expedited processing of requests and

a multi-track system to comply with the

‘‘Electronic Freedom of Information Act

Amendments of 1996.’’

DATES: Effective October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of General

Counsel, U.S. Parole Commission, 5550

Friendship Blvd., Chevy Chase,

Maryland 20815, telephone (301) 492–

5959.

SUPPLEMENTARY INFORMATION: On July

28, 1997, the Parole Commission

published proposed rule changes in the

Federal Register to implement a new

law known as the ‘‘Electronic Freedom

of Information Act Amendments of

1996’’ (E–FOIA). 62 FR 40316. These

proposed rule changes provided for a

multi-track system whereby requests for

tape recordings, or for two documents or

less, would be processed ahead of

requests seeking numerous documents

from the parole file. Further, the

proposed rule provided for expedited

processing of Freedom of Information

Act (FOIA) requests if the requester

demonstrates ‘‘compelling need’’ as

defined in the regulation. Specifically,

the Commission proposed adopting two

categories in which compelling need

could be demonstrated.
51602 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

The Parole Commission received

public comment from one organization,

the Reporters Committee for the

Freedom of the Press. The Reporters

Committee recommended two changes

to the Commission’s proposed

regulations. First, they urged that the

Commission adopt a third category

where compelling need could be

demonstrated. That category was for

cases involving ‘‘a matter of widespread

and exceptional media interest in which

there exist possible questions about the

government’s integrity which affect

public confidence.’’ This third category

was included in the Department of

Justice’s proposed regulations. Second,

the Reporters Committee noted that the

Parole Commission failed to include in

its regulations provisions for improving

the electronic availability of records.

The Reporters Committee noted that it

did not find in the Justice Department’s

proposals any indication that Justice

Department rules would apply to the

Commission, and similarly the

Commission’s proposals did not

indicate that implementation of other

sections of the E–FOIA would be

covered by the Justice Department

regulations.

In response to the Reporters

Committee request that the Commission

adopt the language contained in the

Department’s proposed regulations for

expedited treatment when government

integrity is questioned, the Commission

finds that this is unnecessary. The

Department of Justice may wish to adopt

such a specific category because of its

prosecutorial functions in cases

involving ‘‘possible questions about the

government’s integrity’’, but the Parole

Commission considers that a media

request that is driven by concern over

‘‘possible questions’’ of government

integrity would already be covered by

the second category which includes

expedited processing for requesters

demonstrating ‘‘urgency to inform the

public concerning actual or alleged

federal government activity.’’

In response to the Reporters

Committee’s request that the

Commission include the electronic

availability of records in its regulations,

the Commission is adding a sentence so

that it is clear to the public and to

requesters that the Department of

Justice’s regulations apply to all FOIAprocessing issues not covered by the

Commission’s own regulations and

procedures. Although the Parole

Commission is not promulgating its own

regulation in regard to the public

reading room, the Commission

maintains a public reading room and

records available in the public reading

room will be available electronically to

FOIA requesters.

Also, the Department of Justice has

revised its fee schedule in regard to

FOIA requests and the Parole

Commission is revising its regulations to

comply with the fee revisions.

Finally, the Parole Commission has

removed references to ‘‘Regional Office’’

since the Commission no longer

operates regional offices.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this proposed rule is

not a significant rule within the

meaning of Executive Order 12866, and

the proposed rule has, accordingly, not

been reviewed by the Office of

Management and Budget. The proposed

rule, if adopted, will not have a

significant economic impact upon a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by States, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by § 804 of the Small Business

Regulatory Enforcement Fairness Act of

1996. This rule will not result in an

annual effect on the economy of

$100,000,000 or more; a major increase

in costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, Probation and parole,

Prisoners.

The Proposed Amendment

Accordingly, the U.S. Parole

Commission adopts the following

amendment to 28 CFR part 2.

PART 2—PAROLE, RELEASE,

SUPERVISION AND RECOMMITMENT

OF PRISONERS, YOUTH OFFENDERS,

AND JUVENILE DELINQUENTS

1. The authority citation for 28 CFR

Part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

2. Section 2.56 is amended by

removing the words ‘‘regional office’’

from the title of the section; and by

amending paragraph (a) by removing

‘‘prisoner’s regional office file’’ and

replacing with ‘‘subject’s Parole

Commission file’’.

3. Section 2.56 is further amended by

adding a new paragraph (b)(1); by

adding and reserving paragraph (b)(2);

by amending paragraph (f) to replace

‘‘$8.00’’ with ‘‘$14.00’’; by adding a new

sentence to the end of paragraph (g); and

by adding a new paragraph (i). These

amendments read as follows:

§ 2.56 Disclosure of Parole Commission

file.

* * * * *

(b) Scope of disclosure. * * *

(1) Requests that are only for a copy

of the tape recording of a hearing will

be processed ahead of requests seeking

multiple documents from the Parole

Commission file (priority processing). A

requester may limit the scope of the

request to a tape recording only (or to

a tape recording and/or up to two

documents) and thereby qualify for

priority processing. For example, a

request for the tape recording and the

examiner’s summary of a hearing

qualifies for priority processing.

(2) [Reserved]

* * * * *

(g) Relation to other provisions. * * *

Provisions of the Freedom of

Information Act not specifically

addressed by these regulations

(including the reading room) are

covered by 28 CFR, part 16, subpart A.

* * * * *

(i) Expedited processing of Requests.

(1) The Commission will provide

expedited processing of a request when

a requester has demonstrated a

compelling need as defined in this

section and has presented a statement

certified by such person to be true and

correct to the best of such person’s

knowledge and belief. A requester may

demonstrate ‘‘compelling need’’ by

establishing one of the following:

(i) That failure to obtain the requested

records on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual; or

(ii) With respect to a request made by

a person primarily engaged in
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 51603

disseminating information, urgency to

inform the public concerning actual or

alleged federal government activity.

(2) A determination as to whether to

provide expedited processing shall be

made within ten days after the date of

the request. However, the fact of lawful

imprisonment in a correctional facility

or revocation of parole shall not be

deemed to pose an imminent threat to

the life or physical safety of an

individual. The Commission shall

process as soon as practicable any

request for records to which it has

granted expedited processing. An

administrative appeal of a denial of

expedited processing may be made to

the Chairman of the Commission within

thirty days from the date of notice

denying expedited processing.

Dated: September 24, 1997.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 97–26057 Filed 10–1–97; 8:45 am]

BILLING CODE 4410–01–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 96–6A]

‘‘Best Edition’’ of Published

Copyrighted Works for the Collections

of the Library of Congress

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule.

SUMMARY: This rule amends the Library

of Congress’s Best Edition Statement

concerning motion pictures deposited

under Title 17, section 407, mandatory

deposit, and section 408, registration

deposit. The Statement sets out the

criteria to be applied in determining the

best edition for each of several types of

motion picture materials which are

listed in descending order of format

preference in an Appendix to Copyright

Office Regulations. The amendment

removes the previously listed ‘‘most

widely distributed gauge’’ as a selection

factor of the ‘‘best edition’’ and adds

new video formats to the prioritized list

of deposit material preferences based on

current industry practices with respect

to motion picture media and formats.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: On

November 15, 1996, the Copyright

Office published in the Federal

Register, a notice of proposed

rulemaking on the revision of the best

edition selection criteria for published

motion pictures. (61 FR 54897). The

Best Edition Statement criteria are

published in 37 CFR 202.19, 202.20 and

Appendix B to Part 202—‘‘Best Edition

of Published Copyrighted Works for the

Collections of the Library of Congress.’’

The criteria for ‘‘Motion Pictures’’ are

set forth in 37 CFR 202, APP. B III.

Two comments to the proposed

amendment were received. Both

commenters expressed concern that,

because of the proposed changes in the

ranking preferences in the video

formats, the Copyright Office would no

longer accept 3⁄4′′ videocassette copies

for registration of published television

productions but would request the

higher quality Betacam or D–2 formats

instead. The Office will generally

continue its policy of accepting 3⁄4′′

videocasettes for registration of

television programs and series. Where,

however, certain television programs are

published in copies of a higher quality

format, the Library of Congress reserves

the right to request the better archival

format for its collections. However, the

Library will continue to be flexible in its

requests and in working through the

Copyright Office in granting special

relief under 37 CFR 202.19 and 202.20

from the deposit requirements when

compliance with the requirements

would be unduly burdensome on the

applicant.

The amended regulation eliminates

the ‘‘gauge in which most widely

distributed’’ as a criterion for the

deposit format for either motion picture

or video formats. The major objective in

eliminating this criterion as a ranking

preference for film prints is to

discourage the deposit of 1⁄2′′

videocassettes where a better published

format exists. As stated in the Notice of

Proposed Rulemaking, the 1⁄2′′ gauge

does not represent an acceptable

archival quality medium for the

Library’s purposes.

The amended regulation changes the

second category in the Best Edition

Statement under III Motion Pictures

from videotape to video format in order

to reflect more accurately that the

preferential list contains a format other

than videotapes. The regulation also

adds a second high quality format,

‘‘Betacam SP,’’ to the prioritized list.

List of Subjects in 37 CFR Part 202

Claims, Copyright.

Final Regulations

In consideration of the foregoing, the

Copyright Office amends part 202 of 37

CFR in the manner set forth below:

Appendix B to Part 202—‘‘Best Edition’’

of Published Copyrighted Works for the

Collections of the Library of Congress

1. The authority citation for part 202

continues to read as follows:

Authority: 17 U.S.C. 702.

2. In part 202, App. B, ‘‘III. Motion

Pictures’’ is revised to read as follows:

* * * * *

III. Motion Pictures

Film medium is considered a better

quality than any other medium. The

formats under ‘‘film’’ and ‘‘video

formats’’ are listed in descending order

of preference:

A. Film

1. Preprint material with special

arrangement.

2. 35mm positive prints.

3. 16mm positive prints.

B. Video Formats

1. One-inch open reel tape

2. Betacam SP

3. D–2

4. Betacam

5. Videodisc

6. Three-quarter inch cassette

7. One-half inch VHS cassette

* * * * *

Dated: September 25, 1997.

Nanette Petruzzelli,

Acting General Counsel.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 97–26061 Filed 10–1–97; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA–8–1–7346; FRL–5899–4]

Approval and Promulgation of State

Implementation Plans (SIP); Louisiana;

Control of Volatile Organic Compound

(VOC) Emissions; Reasonable

Available Control Technology (RACT)

Catch-Ups; Major Source Definition

Corrections

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the EPA’s approval action

of Louisiana’s RACT Catch-up SIP