Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Proposed Rules 51821

§ 545.141 How may I use electronic means

and facilities?

You may use electronic means or

facilities to perform any authorized

function, or provide any authorized

product or service. Electronic means or

facilities include, but are not limited to

automated teller machines, automated

loan machines, personal computers, the

Internet, the World Wide Web,

telephones, and other similar electronic

devices.

§ 545.142 When may I sell electronic

capacities and by-products that I have

acquired or developed?

You may market and sell electronic

capacities and by-products to thirdparties if you acquired or developed

these capacities and by-products in

good faith as part of providing financial

services.

§ 545.143 How may I participate with

others in the use of electronic means and

facilities?

You may participate with others to

perform, provide, or deliver through

electronic means and facilities any

activity, function, product, or service

described under §§ 545.141 and

545.142. If the participating entity is not

subject to examination by a Federal

agency regulating financial institutions,

you may participate with that entity

only if it has agreed in writing with the

OTS that it will:

(a) Permit the examination of its

electronic means or facilities, as the

OTS deems necessary;

(b) Pay for any related OTS

examination fees; and

(c) Make all relevant records in its

possession, written or electronic,

available to the OTS for examination.

§ 545.144 What security precautions must

I take?

If you use electronic means and

facilities under this subpart, you should

adopt standards and policies that are

designed to ensure secure operations.

You must implement security measures

adequate to prevent:

(a) Unauthorized access to your

records and your customers’ records;

and

(b) Financial fraud through the use of

electronic means or facilities. If you

provide an automated teller machine, an

automated loan machine, or other

similar electronic devices, you must

comply with the security devices

requirements of part 568 of this chapter.

Dated: September 26, 1997.

By the Office of Thrift Supervision.

Nicolas P. Retsinas,

Director.

[FR Doc. 97–26104 Filed 10–2–97; 8:45 am]

BILLING CODE 6720–01–P

DEPARTMENT OF DEFENSE

Defense Special Weapons Agency

32 CFR Part 318

[DSWA Instruction 5400.11B]

Defense Special Weapons Agency

Privacy Program

AGENCY: Defense Special Weapons

Agency, DOD.

ACTION: Proposed rule.

SUMMARY: The Defense Special Weapons

Agency (DSWA) is proposing to add two

sections to its procedural rule for the

DSWA Privacy Program. The two

sections are entitled Disclosure of

record to persons other than the

individual to whom it pertains and

Fees. The addition of these two sections

helps an individual to better understand

the DSWA Privacy Program.

DATES: Comments must be received on

or before December 2, 1997.

ADDRESSES: Send comments regarding

this proposed rule to the General

Counsel, Defense Special Weapons

Agency, 6801 Telegraph Road,

Alexandria, VA 22310–3398.

FOR FURTHER INFORMATION CONTACT: Mrs.

Sandy Barker at (703) 325–7681.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act

proposed rule for the Department of

Defense does not constitute ‘significant

regulatory action’. Analysis of the rule

indicates that it does not have an annual

effect on the economy of $100 million

or more; does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; does not materially alter

the budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; does not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act. It has been

determined that this Privacy Act

proposed rule for the Department of

Defense does not have significant

economic impact on a substantial

number of small entities because it is

concerned only with the administration

of Privacy Act systems of records within

the Department of Defense.

Paperwork Reduction Act. It has been

determined that the Privacy Act

proposed rule for the Department of

Defense imposes no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act of 1974.

The Defense Special Weapons Agency

(DSWA) is proposing to add two

sections to its procedural rule for the

DSWA Privacy Program. The two

sections are entitled Disclosure of

record to persons other than the

individual to whom it pertains and

Fees. The addition of these two sections

helps an individual to better understand

the DSWA Privacy Program.

List of Subjects in 32 CFR Part 318

Privacy.

Accordingly, the Defense Special

Weapons Agency amends 32 CFR part

318 as follows:

PART 318–DEFENSE SPECIAL

WEAPONS AGENCY PRIVACY

PROGRAM-[AMENDED]

1. The authoritiy citation for 32 CFR

part 318 continues to read as follows:

AUTHORITY: Pub. L. 93–579, 88 Stat.

1896 (5 U.S.C. 552a).

§ 318.9 [Redesignated as § 318.11]

2. Section 318.9 is redesignated as

318.11.

3. Sections 318.9 and 318.10 are

added to read as follows:

§ 318.9 Disclosure of record to persons

other than the individual to whom it

pertains.

(a) General. No record contained in a

system of records maintained by DSWA

shall be disclosed by any means to any

person or agency within or outside the

Department of Defense without the

request or consent of the subject of the

record, except as described in 32 CFR

part 310.41, Appendix C to part 310,

and/or a Defense Special Weapons

Agency system of records notice.

(b) Accounting of disclosures. Except

for disclosures made to members of the

DoD in connection with their official

duties, and disclosures required by the

Freedom of Information Act, an

accounting will be kept of all

disclosures of records maintained in

DSWA system of records.

(1) Accounting entries will normally

be kept on a DSWA form, which will be

maintained in the record file jacket, or

in a document that is part of the record.

(2) Accounting entries will record the

date, nature and purpose of each

disclosure, and the name and address of
51822 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Proposed Rules

the person or agency to whom the

disclosure is made.

(3) Accounting records will be

maintained for at least 5 years after the

last disclosure, of for the life of the

record, whichever is longer.

(4) Subjects of DSWA records will be

given access to associated accounting

records upon request, except for those

disclosures made to law enforcement

activites when the law enforcement

activity has requested that the

disclosure not be made, and/or as

exempted under section 318.11 of this

part.

§ 318.10 Fees

Individuals may request copies for

retention of any documents to which

they are granted access in DSWA

records pertaining to them. Requesters

will not be charged for the first copy of

any records provided; however,

duplicate copies will require a charge to

cover costs of reproduction. Such

charges will be computed in accordance

with DoD 5400.11–R.

Dated: September 29, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–26202 Filed 10–2–97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4

RIN 1090–AA63

Department Hearings and Appeals

Procedures

AGENCY: Office of Hearings and Appeals,

Interior.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: This action extends the

comment period an additional 60 days

on the Department of the Interior’s

Office of Hearings and Appeals’

proposal to amend its rules to provide

that, except as otherwise provided by

law or other regulation, a decision will

be stayed, if it is appealed, until there

is a dispositive decision on the appeal.

DATES: Comments are due to the agency

on or before December 2, 1997.

ADDRESSES: Send written comments to

Director, Office of Hearings and

Appeals, U.S. Department of the

Interior, 4015 Wilson Blvd., Arlington,

VA 22203. Comments received will be

available for inspection during regular

business hours (9 a.m. to 5 p.m.) in the

Office of the Director, Office of Hearings

and Appeals, 11th Floor, 4015 Wilson

Blvd., Arlington, VA. Persons wishing

to inspect comments are requested to

call in advance at 703–235–3810 to

make an appointment.

FOR FURTHER INFORMATION CONTACT:

James L. Byrnes, Chief Administrative

Judge, Interior Board of Land Appeals,

Office of Hearings and Appeals, U.S.

Department of the Interior, 4015 Wilson

Blvd., Arlington, VA 22203. Telephone:

703–235–3750.

SUPPLEMENTARY INFORMATION: On August

19, 1997, the Department of the Interior

proposed to amend the regulation

contained at 43 CFR 4.21 (August 28,

1997, 62 FR 45606.) Comments to this

proposed rule were to be received on or

before September 29, 1997.

In a letter dated September 4, 1997,

from the National Mining Association

(NMA) to the Director of the Office of

Hearings and Appeals (OHA), U.S.

Department of the Interior, the NMA

requested a 60-day extension of the

comment period for this proposed

amendment because the existing

comment period did not allow adequate

opportunity for comment, and it needed

more time to present the views of its

member companies. Also, in a letter

dated September 12, 1997, from the

Rocky Mountain Oil and Gas

Association (RMOGA) to the Director,

OHA, that organization requested a 60-

day extension of the comment period.

The RMOGA stated that the current 30-

day comment period would not allow

the industry adequate time to carefully

analyze the proposed rule to determine

the potential effects, if any, on oil and

gas activities on public lands.

The OHA has determined that an

extension of time to obtain the

comments on the proposed rule from

NMA and RMOGA is warranted and

therefore, the requested extension is

granted. This notice announces that 60-

day extension of the comment period.

Dated: September 24, 1997.

Brooks B. Yeager,

Acting Assistant Secretary—Policy,

Management and Budget.

[FR Doc. 97–26200 Filed 10–2–97; 8:45 am]

BILLING CODE 4310–RK–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7230]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

proposes to make determinations of base

flood elevations and modified base

flood elevations for each community

listed below, in accordance with Section

110 of the Flood Disaster Protection Act

of 1973, 42 U.S.C. 4104, and 44 CFR

67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These proposed elevations are used to