52090 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Notices

15 49 FR 39593 (October 9, 1984); 50 FR 34885

(August 28, 1985); 51 FR 25929 (July 17, 1986); 54

FR 19594 (May 8, 1989); 54 FR 41133 (October 5,

1989); 58 FR 19657 (April 15, 1993).

Commission and NFA that sets forth the

representations specified in the

Advisory. By this Order, NFA is

authorized to process notices of claims

for exemption filed by qualifying CPOs

pursuant to Advisory 18–96.

H. Recordkeeping Requirements

By prior orders, the Commission has

authorized NFA to maintain various

other Commission registration records

and has certified NFA as the official

custodian of such records for this

agency.15 The Commission has now

determined, in accordance with its

authority under Section 8a(10) of the

Act, to authorize NFA to maintain and

to serve as the official custodian of

records for the filings, notices and

claims required by Rules 4.26(d),

4.36(d), 4.5, 4.7, 4.12(b), 4.13 and

4.14(a)(8) and Commission Advisory

18–96. This determination is based

upon NFA’s representations regarding

the implementation of rules and

procedures for maintaining and

safeguarding all such records, in

connection with NFA’s assumption of

responsibility for the above-mentioned

activities.

In maintaining the Commission’s

records pursuant to this Order, NFA

shall be subject to all other requirements

and obligations imposed upon it by the

Commission in existing or future orders

or regulations. In this regard, NFA shall

also implement such additional

procedures (or modify existing

procedures) as are acceptable to the

Commission and as are necessary: to

ensure the security and integrity of the

records in NFA’s custody; to facilitate

prompt access to those records by the

Commission and its staff, particularly as

described in other Commission orders

or rules; to facilitate disclosure of public

or nonpublic information in those

records when permitted by Commission

orders or rules and to keep logs as

required by the Commission concerning

disclosure of nonpublic information;

and otherwise to safeguard the

confidentiality of the records.

II. Conclusion and Order

The Commission has determined, in

accordance with the provisions of

Sections 8a(10) and 17(o)(1) of the Act

and NFA’s letter dated August 27, 1997,

to authorize NFA to perform the

following functions:

(1) To conduct reviews of disclosure

documents required to be filed with the

Commission by CPOs and CTAs

pursuant to Rules 4.26(d) and 4.36(d),

respectively;

(2) To process notices of eligibility for

exclusion for certain otherwise

regulated persons from the definition of

CPO, pursuant to Rule 4.5;

(3) to process notices of claim for

exemption from certain Part 4

requirements with respect to commodity

pools and CTAs whose participants or

clients are QEPs or QECs, respectively,

pursuant to Rule 4.7;

(4) To process claims of exemption

from certain Part 4 requirements for

CPOs with respect to pools that

principally trade securities, pursuant to

Rule 4.12(b);

(5) To process statements of

exemption from registration as a CPO,

pursuant to Rule 4.13;

(6) To process notices of exemption

from registration as a CTA for certain

persons registered as an investment

adviser, pursuant to Rule 4.14(a)(8);

(7) To process notices of claim for

exemption from provisions of Part 4 for

certain registered CPOs operating

offshore pools, pursuant to Advisory 18-

96; and

(8) To maintain and to serve as the

official custodian of records for the

filings, notices and claims required by

the rules listed above.

NFA shall perform these functions in

accordance with the standards

established by the Act and the

regulations and orders promulgated

thereunder, particularly Part 4 of the

regulations and Commission orders

issued thereunder, and shall provide the

Commission with such summaries and

periodic reports as the Commission may

determine are necessary for effective

oversight of this program.

These determinations are based upon

the Congressional intent expressed in

Sections 8a(10) and 17(o) of the Act that

the Commission have the authority to

delegate to NFA any portion of the

Commission’s registration

responsibilities under the Act for

purposes of carrying out these

responsibilities in the most efficient and

cost-effective manner and upon NFA’s

representations concerning the

standards and procedures to be followed

and the reports to be generated in

administering these functions.

This Order does not, however,

authorize NFA to render ‘‘no-action’’

positions, exemptions or interpretations

with respect to applicable disclosure,

reporting, recordkeeping and

registration requirements.

Nothing in this Order or in Sections

8a(10) or 17(o) of the Act shall affect the

Commission’s authority to review NFA’s

performance of the Commission

functions listed in paragraphs 1–8

above.

NFA is authorized to perform all

functions specified herein until such

time as the Commission orders

otherwise. Nothing in this Order shall

prevent the Commission from exercising

the authority delegated herein. NFA

may submit to the Commission for

decision any specific matters that have

been delegated to it, and Commission

staff will be available to discuss with

NFA staff issues relating to the

implementation of this Order. Nothing

in this Order affects the applicability of

any previous orders issued by the

Commission under Part 4.

Issued in Washington, D.C., on September

30, 1997 by the Commission.

Catherine D. Dixon,

Assistant Secretary of the Commission.

[FR Doc. 97–26389 Filed 10–3–97; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

TRICARE Formerly Known as the

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Fiscal Year 1998 Mental Health Rate

Updates

AGENCY: Office of the Secretary, DoD.

ACTION: Notice of updated mental health

per diem rates.

SUMMARY: This notice provides for the

updating of hospital-specific per diem

rates for high volume providers and

regional per diem rates for low volume

providers; the updated cap per diem for

high volume providers; the beneficiary

per diem cost-share amount for low

volume providers for FY 1998 under the

TRICARE Mental Health Per Diem

Payment System; and the updated per

diem rates for both full-day and half-day

TRICARE Partial Hospitalization

Programs for fiscal year 1998.

EFFECTIVE DATE: The rates contained in

this notice are effective for services

occurring on or after October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Stan Regensberg, Program Development

Branch, TRICARE Support Office,

telephone (303) 361–1342.

SUPPLEMENTARY INFORMATION: The final

rule published in the Federal Register

on September 6, 1988, (53 FR 34285) set

forth reimbursement changes that were

effective for all inpatient hospital

admissions in psychiatric hospitals and

exempt psychiatric units occurring on

or after January 1, 1989. The final rule

published in the Federal Register on
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Notices 52091

July 1, 1993, (58 FR 35–400) set forth

maximum per diem rates for all partial

hospitalization admissions on or after

September 29, 1993. Included in these

final rules were provisions for updating

reimbursement rates for each federal

fiscal year. As stated in the final rules,

each per diem shall be updated by the

Medicare update factor for hospitals and

units exempt from the Medicare

Prospective Payment System. The final

rule published in the Federal Register

March 7, 1995, (60 FR 12419) set forth

retaining all per diems in effect at the

end of fiscal year 1995 with no

additional updates for fiscal years 1996

and 1997. Medicare has recommended a

rate of increase of 0 percent for federal

fiscal year 1998 for hospitals and units

excluded from the prospective payment

system. TRICARE will adopt this update

factor for FY 1998 as the final update

factor.

Hospital and units with hospitalspecific rates (hospitals and units with

high TRICARE volume) and regional

specific rates for psychiatric hospitals

and units with low TRICARE volume

will have their TRICARE rates remain at

FY 1995 levels. Partial hospitalization

rates for full day and half day programs

will also remain at FY 1995 levels. The

cap amount for high volume hospitals

and units will stay at the FY 1995 level.

The beneficiary cost-share of low

volume hospitals and units will also

stay at the FY 1995 level. The wage

portion of the regional rate subject to the

area wage adjustment will be 71.1

percent for FY 1998.

Dated: October 1, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–26461 Filed 10–3–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

List of Institutions of Higher Education

Ineligible for Federal Funds

AGENCY: Department of Defense.

ACTION: Notice.

SUMMARY: This document is published

to identify institutions of higher

education that are ineligible for

contracts and grants by reason of a

determination by the Secretary of

Defense that the institution prevents

military recruiter access to the campus

or students or maintains a policy against

ROTC. It also implements the

requirements set forth in the Omnibus

Consolidated Appropriations Act of

1997 and 32 CFR Part 216. The

institutions of higher education so

identified are:

Washington College of Law of American

University, Washington, DC

William Mitchell College of Law, St.

Paul, Minnesota

Recently, the following institution of

higher education reported modifications

to school policies sufficient to merit

removal from the list of ineligible

schools.

Willamette University College of Law,

Salem, Oregon

The Omnibus Consolidated

Appropriations Act of 1997 provides

that schools prohibited by state laws or

court rulings from providing the

requisite degree of access for ROTC or

military recruiting would not be denied

funding prior to one year following the

effective date of that aw (i.e., not until

March 29, 1998). However, that

provision applies only to funds from

agencies other than the Department of

Defense, which is bound by provisions

of the National Defense Authorization

Acts for Fiscal Years 1995 and 1996.

Therefore, the Secretary of Defense has

determined that the following

institutions of higher education prevent

recruiter access to campuses, students,

or student information and are ineligible

for DoD contracts and grants.

Asnuntuck Community-Technical

College, Enfield, Connecticut

Capital Community-Technical College,

Hartford, Connecticut

Central Connecticut State University,

New Britain, Connecticut

Charter Oak State College, Newington,

Connecticut

Connecticut Community-Technical

College, Winsted, Connecticut

Eastern Connecticut State University,

Willimantic, Connecticut

Gateway Community-Technical College,

North Haven, Connecticut

Housatonic Community-Technical

College, Bridgeport, Connecticut

Manchester Community-Technical

College, Manchester, Connecticut

Middlesex Community-Technical

College, Middletown, Connecticut

Naugatuck Community-Technical

College, Waterbury, Connecticut

Norwalk Community-Technical College,

Norwalk, Connecticut

Quinebaug Valley CommunityTechnical College, Danielson,

Connecticut

Southern Connecticut State University,

New Haven, Connecticut

Three Rivers Community-Technical

College, Norwich, Connecticut

Tunxis Community-Technical College,

Farmington, Connecticut

Western Connecticut State University,

Danbury, Connecticut

ADDRESSES: Director for Accession

Policy, Office of the Assistant Secretary

of Defense for Force Management

Policy, 4000 Defense Pentagon,

Washington, DC 20301–4000.

FOR FURTHER INFORMATION CONTACT:

William J. Carr, (703) 697–8444.

SUPPLEMENTARY INFORMATION: On April

8, 1997 (62 FR 16694), the Department

of Defense published 32 CFR part 216 as

an interim rule. This rule and the

Omnibus Consolidated Appropriations

Act of 1997, requires the Department of

Defense semi-annually to publish a list

of the institutions of higher education

ineligible for Federal funds. 32 CFR part

216 and the Secretary of Defense under

108 Stat. 2663, 10 U.S.C. 983, and 110

Stat. 3009 and/or this part identifies

institutions of higher education that

have a policy or practice that either

prohibits, or in effect prevents, the

Secretary of Defense from obtaining, for

military recruiting purposes, entry to

campuses, access to students on

campuses, access to directory

information on students or that has an

anti-ROTC policy. On August 28, 1997

(62 FR 45631), the Department of

Defense published a list of the

institutions of higher education

ineligible for Federal Funding; this

listing updates and supersedes that

listing.

Dated: September 30, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer Department of Defense.

[FR Doc. 97–26344 Filed 10–3–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Defense Science Board Task Force on

Satellite Reconnaissance

ACTION: Notice of Advisory Committee

Meetings.

SUMMARY: The Defense Science Board

Task Force on Satellite Reconnaissance

will meet in closed session on

September 29–30, 1997 at Headquarters

NRO, Chantilly, Virginia. In order for

the Task Force to obtain time sensitive

classified briefings, critical to the

understanding of the issues, this

meeting is scheduled on short notice.

The mission of the Defense Science

Board is to advise the Secretary of

Defense through the Under Secretary of

Defense for Acquisition and Technology

on scientific and technical matters as

they affect the perceived needs of the

Department of Defense. At this meeting

the Task Force will review the