55196 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules

compete in the United States with Subject

Merchandise from each other Subject

Country. In determining whether (likely)

competition exists between two products,

you may consider such factors as (i) the

degree of (likely) fungibility between the

products, (ii) whether the products are (likely

to be) sold in the same geographic markets

in the United States, (iii) whether the

products are (likely to be) sold in common

channels of distribution, and (iv) whether the

products are (likely to be) sold in the U.S.

market simultaneously.

(7) (OPTIONAL) Provide any other

information or data that you consider

relevant to the Commission’s determination.

Annex B—Proposed Schedule for Sunset

Reviews1

Action/Event Day

Notice of Institution (Published in the

FEDERAL REGISTER) ....................... 0

Entries of Appearance/APO Applications Due ....................................... 21

Responses to Notice of Institution

Due ................................................ 30

Comments on Appropriateness of

Expedited Review Due .................. 60

Notice of Inadequacy/Expedited Review or Adequacy/Full Review ...... 95

1The Commission may extend its deadline

by up to 90 days in all transition reviews and

other extraordinarily complicated cases.

INADEQUATE RESPONSES/EXPEDITED

REVIEW

Action/Event Day

Staff Report/Data Compilation to

Commission and Parties ............... 110

Commerce Expedited Determination

(If Issued) ...................................... 120

Written Submission on Merits (‘‘Final

Comments’’) by Parties Due ......... 130

Commission Vote .............................. 140

Commission Determination and

Views to Commerce ...................... 150

ADEQUATE RESPONSES/FULL REVIEW

Action/Event Day

New Entries of Appearance/APO

Applications Due ........................... 140

Draft Questionnaires to Parties for

Comment ....................................... 150

Written Comments on Draft Questionnaires Due (Final Opportunity

for Parties to Raise Issues Affecting Data Collection) ....................... 180

Questionnaire Mail Date ................... 225

Commerce Subsidy/Dumping Determination ......................................... 240

Questionnaire Return Date ............... 265

Prehearing Report to Commission

and Parties .................................... 299

Prehearing Briefs Due ...................... 305

Hearing ............................................. 313

Posthearing Briefs Due ..................... 320

Staff Report to Commission and

Parties ........................................... 330

ADEQUATE RESPONSES/FULL

REVIEW—Continued

Action/Event Day

Final Comments Due ........................ 340

Commission Vote .............................. 348

Commission Determination and

Views to Commerce ...................... 360

[FR Doc. 97–28257 Filed 10–22–97; 8:45 am]

BILLING CODE 7020–02–P

RAILROAD RETIREMENT BOARD

20 CFR Part 216

RIN 3220–AB27

Eligibility for an Annuity

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board proposes to amend its regulation

under the Railroad Retirement Act

concerning when a child of a railroad

employee is considered a full-time

elementary or secondary student. The

proposed changes reflect the current

trend in most States and jurisdictions to

recognize home schooling and

independent study programs as

comparable to traditional education.

DATES: Comments must be received on

or before December 22, 1997.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

2(d)(4) of the Railroad Retirement Act

(45 U.S.C. 231a(d)(4)) provides, in

pertinent part, that an annuity is

payable to a child of a deceased

employee until such child attains age 18

or 19 if such child is in full-time

attendance at an elementary or

secondary school. Section 2(d)(4) of the

Act incorporates the provisions of

section 202(d)(7) of the Social Security

Act (42 U.S.C. 402(d)(7)), which defines

the terms full-time elementary or

secondary student. Section 202(d)(7) of

the Social Security Act in turn provides

that a full-time elementary or a

secondary student is an individual who

is in full-time attendance as a student at

an elementary or secondary school, as

determined by the Commissioner of the

Social Security Administration (by

regulations prescribed by the

Commissioner).

Before July 24, 1996, section 404.367

of the Social Security Administration’s

regulations under the Social Security

Act (20 CFR 404.367) defined a full-time

student as an individual enrolled in an

educational institution including

public, private, and religious schools.

The Social Security Administration’s

previous policy, as reflected in its

regulation, was aligned with the

traditional definition of educational

programs. However, recently most

States and other jurisdictions have

broadened the definition of education

programs to include home schooling

and independent study programs.

Because of this trend, the Social

Security Administration revised section

404.367 to include such types of

schooling in the definition of

elementary and secondary schools. See,

61 FR 38363 (1996). The Board,

therefore, proposes to revise its

regulations to include students enrolled

in home schooling or independent study

programs authorized by a State or other

jurisdiction within the definition of a

full-time elementary or secondary

school student.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action under

Executive Order 12866. There are no

information collections associated with

this rule.

List of Subjects in 20 CFR Part 216

Railroad employees, Railroad

retirement.

For the reasons set out in the

preamble, chapter II of title 20 of the

Code of Federal Regulations is proposed

to be amended as follows:

PART 216—ELIGIBILITY FOR AN

ANNUITY

1. The authority citation for part 216

continues to read as follows:

Authority: 45 U.S.C. 231f.

2. Section 216.74 is revised to read as

follows:

§ 216.74 When a child is a full-time

elementary or secondary school student.

(a) A child is a full-time elementary

or secondary school student if he or she

meets all of the following conditions:

(1) The child is in full-time

attendance at an elementary or

secondary school; or

(2) The child is instructed in

elementary or secondary education at

home in accordance with a home school
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Proposed Rules 55197

law of the State or other jurisdiction in

which the child resides; or

(3) The child is in an independent

study elementary or a secondary

education program administered by the

local school, district, or jurisdiction,

which is in accordance with the law of

the State or other jurisdiction in which

he or she resides.

(b) The child is in full-time

attendance in a day or evening noncorrespondence course of at least 13

weeks duration and he or she is carrying

a subject load that is considered fulltime for day students under the

institution’s standards and practices. If

he or she is in a home schooling

program as described in paragraph (a)(2)

of this section, he or she must be

carrying a subject load that is

considered full-time for day students

under the standards and practices set by

the State or other jurisdiction in which

the student resides.

(c) To be considered in full-time

attendance, scheduled attendance must

be at the rate of at least 20 hours per

week unless one of the exceptions in

paragraphs (c)(1) and (c)(2) of this

section applies. If the student is in an

independent study program as

described in paragraph (a)(3) of this

section, the number of hours spent in

school attendance is determined by

combining the number of hours of

attendance at a school facility with the

agreed upon number of hours spent in

independent study. The student may

still be considered in full-time

attendance if the scheduled rate of

attendance is below 20 hours per week

if the Board finds that:

(1) The school attended does not

schedule at least 20 hours per week and

going to that particular school is the

student’s only reasonable alternative; or

(2) The student’s medical condition

prevents him or her from having

scheduled attendance of at least 20

hours per week. To prove that the

student’s medical condition prevents

him or her from scheduling 20 hours per

week, the Board may request that the

student provide appropriate medical

evidence or a statement from the school.

(d) An individual is not a full-time

student if, while attending an

elementary or secondary school, he or

she is paid compensation by an

employer who has requested or required

that the individual attend the school.

An individual is not a fulltime student

while he or she is confined in a penal

institution or correctional facility

because he or she committed a felony

after October 19, 1980.

(e) A student who reaches age 19 but

has not completed the requirements for

a secondary school diploma or

certificate and who is a full-time

elementary or secondary student, as

defined in paragraph (a) of this section,

will continue to be eligible for benefits

until the first day of the first month

following the end of the quarter or

semester in which he or she is then

enrolled, or if the school is not operated

on a quarter or semester system, the

earlier of:

(1) The first day of the month

following completion of the course(s) in

which he or she was enrolled when age

19 was reached; or

(2) The first day of the third month

following the month in which he or she

reached age 19.

Dated: October 14, 1997.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 97–28063 Filed 10–22–97; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Chapter II

Workshop on the Federal Oil and Gas

Royalty Simplification and Fairness

Act of 1996 (RSFA)

AGENCY: Minerals Management Service,

Interior.

ACTION: Notice of workshop.

SUMMARY: The Minerals Management

Service (MMS), Royalty Management

Program, is implementing the

requirements of the Federal Oil and Gas

Royalty Simplification and Fairness Act

of 1996. The purpose of this notice is to

inform the public of a public workshop

session.

DATES: The workshop will begin on

Wednesday, November 5, 1997, from 1

p.m. to 5 p.m., Mountain time; and

continues on Thursday, November 6,

1997, from 8:30 a.m. to 4 p.m.,

Mountain time.

ADDRESSES: The workshop will be held

in the Building 85 Auditorium at the

Denver Federal Center, Denver,

Colorado. Mail comments to: David S.

Guzy, Chief, Rules and Publications

Staff, Royalty Management Program,

Minerals Management Service, P.O. Box

25165, MS 3021, Denver, Colorado

80225–0165; courier delivery to

Building 85, Denver Federal Center,

Denver, Colorado 80225; or e-mail

DavidlGuzy@mms.gov.

FOR FURTHER INFORMATION CONTACT:

David S. Guzy, Chief, Rules and

Publications Staff, telephone (303) 231–

3432; Fax (303) 231–3385; e-mail:

DavidlGuzy@mms.gov.; or contact

Mike Miller, at (303) 231–3413; e-mail:

MikelMiller@mms.gov.

MMS will send a detailed agenda for

the meeting via facsimile on or before

October 30, 1997, to the State and

industry working group members listed

below. This group originally met with

us in October 1996, and members of this

working group agreed to make sure

those stakeholders whom they represent

are appropriately represented at

scheduled meetings.

American Petroleum Institute

Richard McPike, Fina Oil, P.O. Box

2159, Dallas, TX 75221, (214) 750–

2820, Fax: (214) 750–2987

Backup: David Deal, 1220 L Street,

N.W., Washington, DC 20005, (202)

682–8261, Fax: (202) 682–8033

Council of Petroleum Accountants

Societies

John Clark, Conoco, P.O. Box 1267,

Ponca City, OK 74602–1267, (405)

767–5044, Fax: (405) 767–3686

Domestic Petroleum Council

Becky McGee, Oryx Energy Company,

13155 Noel Road, Dallas, TX 75240,

(972) 715–3198, Fax: (972) 715–8810

Independent Petroleum Association of

America

Ben Dillon, 1101 16th Street, N.W.,

Washington, DC 20036, (202) 857–

4722, Fax: (202) 857–4799

Independent Petroleum Association of

Mountain States

Carla Wilson, 518 17th Street, Denver,

CO 80202–4167, (303) 623–0987, Fax:

(303) 893–0709

Mid-Continent Oil & Gas Association

Patty Patten, OXY USA, Inc., 110 W. 7th

Street, Tulsa, OK 74137, (918) 561–

3703, Fax: (918) 561–4364

Backup: Patricia Dunmire Bragg,

Gardere & Wynne, L.L.P., 100 West

Fifth Street, 200 Oneck Plaza, Tulsa,

OK 74103–4240, (918) 699–2920, Fax:

(918) 699–2929

Natural Gas Supply Association

George Butler, Chevron, P.O. Box 3725,

Houston, TX 77213–3725, (713) 754–

7809, Fax: (713) 754–3366

Rocky Mountain Oil & Gas Association

Mary Stonecipher, Amoco Corporation,

P.O. Box 591, Tulsa, OK 74102, (918)

581–4354, Fax: (918) 581–4526

Backup: Cliff Dodge, 1775 Sherman

Street, Suite 2501, Denver, CO 80203,

(303) 860–0099, Fax: (303) 860–0310