55380 Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Proposed Rules

comments on this Further Notice of

Proposed Rule Making; OMB comments

are due 60 days from date of publication

of this Further Notice of Proposed Rule

Making in the Federal Register.

Comments should address: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

Dates

Written comments by the public on

the proposed or modified information

collections in this Further Notice of

Proposed Rule Making are due on or

before December 1, 1997. Written

comments must be submitted by OMB

on the modified information collections

on or before December 1, 1997.

Address

In addition to filing comments with

the Secretary, a copy of any comments

on the information collections

contained herein should be submitted to

Judy Boley, Federal Communications

Commission, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to jboley@fcc.gov and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fainlt@al.eop.gov.

Further Information

For additional information concerning

the information collections contained in

this Further Notice of Proposed Rule

Making contact Judy Boley, Federal

Communications Commission, Room

234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to

jboley@fcc.gov.

Supplementary Information

Title: Amendment of the

Commission’s Rules Regarding

Installment Payment Financing for

Personal Communications Services

(PCS) Licensees.

Type of Review: Proposed or Modified

Collection.

Respondents: The Commission

estimates that no more than 255

respondents (i.e., previous C block

bidders) will participate in this

information collection. The Commission

estimates that this information

collection, that eligibility is based on

previous participation in a C block

auction and the bidder identification

number from the previous auction, will

take 0.5 hours to complete. In addition,

the Commission proposes that C block

reauction applicants submit more

detailed financial information, if

necessary. The Commission estimates

that this information collection will take

1.0 hours to complete. The Commission

estimates that the total burden will be

1.5 hours per respondent or 377.5 total

hours.

Estimate of total cost burden to

respondents: The Commission estimates

that there will be no additional cost

burden to respondents.

The cost to the Federal Government is

estimated to be:

GS 7 Legal Instrument Examiners at

$14.06 per hour to review the

documentation for approximately 0.5

hours per submission, times 255

submissions = $1,581.75

GS 12 Attorneys to review the financial

documentation at $24.95 per hour, for

approximately 2.0 hours per

submission, times 255 submissions =

$11,227.50

Total = $12,809.25

C. Ex Parte Presentations

The Further Notice of Proposed Rule

Making is a permit but disclose notice

and comment rule making proceeding.

Ex parte presentations are permitted,

provided they are disclosed as provided

in Commission rules. See generally 47

CFR §§ 1.1202, 1.1203, and 1.1206(a).

D. Comments

38. Pursuant to applicable procedures

set forth in §§ 1.415 and 1.419 of the

Commission’s rules, interested parties

may file comments on or before

November 13, 1997, and reply

comments on or before November 24,

1997. In addition, a courtesy copy

should be delivered to Mark Bollinger,

Auctions and Industry Analysis

Division, Wireless Telecommunications

Bureau, Federal Communications

Commission, 2025 M Street, Room 5202,

Washington, DC 20554. All relevant and

timely comments will be considered by

the Commission before final action is

taken in this proceeding. To file

formally in this proceeding, participants

must file an original and five copies of

all comments, reply comments, and

supporting comments. If participants

want each Commissioner to receive a

personal copy of their comments, an

original plus ten copies must be filed.

Comments and reply comments should

be sent to Office of the Secretary,

Federal Communications Commission,

Washington, DC 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center (Room 239) of the Federal

Communications Commission, 1919 M

Street, N.W., Washington, DC 20554.

List of Subjects

47 CFR Part 1

Communications common carriers,

Reporting and recordkeeping

requirements.

47 CFR Part 24

Communications common carriers,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–28222 Filed 10–23–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST–96–1472; Notice 97–10]

RIN 2105–AC60

Privacy Act; Implementation

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: DOT proposes to amend its

rules implementing the Privacy Act of

1974 to exempt from certain provisions

of the Act the Coast Guard’s Vessel

Information System. Public comment is

invited.

DATES: Comments are due November 24,

1997.

ADDRESSES: Comments should be

addressed to Documentary Services

Division, Attention: Docket Section,

Room PL401, Docket OST–96–1472,

Department of Transportation, C–55,

Washington, DC 20590. Any person

wishing acknowledgment that his/her

comments have been received should

include a self-addressed stamped

postcard. Comments received will be

available for public inspection and

copying in the Documentary Services

Division, Room PL401, Department of

Transportation Building, 400 Seventh

Street, SW, Washington, DC, from 9 AM

to 5 PM ET Monday through Friday

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Robert I. Ross, Office of the General

Counsel, C–10, Department of

Transportation, Washington, DC 20590,

telephone (202) 366–9156, FAX (202)

366–9170.
Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Proposed Rules 55381

SUPPLEMENTARY INFORMATION:

Background

The Coast Guard’s Vessel Information

System (VIS) would collect manage the

data needed to provide a nationwide

pool of vessel and vessel owner

information that will help in

identification and recovery of stolen

vessels, and deter vessel theft and fraud.

Establishment of VIS is required by

statute. 46 U.S.C. 12501–07.

Because of the capability to retrieve

information by the names or other

unique identifiers of individuals, VIS is

subject to the Privacy Act, which would

impose many restrictions on the use and

dissemination of information in the

system. However, because VIS would be

used for law enforcement purposes, it

may be exempted from some of these

restrictions.

Privacy Act Exemption

Under subsection (k) of the Privacy

Act (5 U.S.C. 552a(k)), qualifying

records may be exempted from various

provisions of the Act. Among these

provisions are the requirement in

subsection (c)(3) to maintain an

accounting of disclosures of information

from a system of records and make that

accounting available on request to the

record subject; in subsection (d) to grant

to a record subject access to information

maintained on him/her under the Act;

in subsection (e)(1) to maintain only

such information as is relevant and

necessary to accomplish a purpose of

the agency under statute or Executive

Order; in subsection (e)(4)(G), (H), and

(I) to advise record subjects of the

agency procedures to request if a system

of records contains records pertaining to

them, how they can gain access to such

records and contest their content, and

the categories of sources of such

records; and in subsection (f) to

establish rules governing the procedures

above.

Under Subsection (k)(2) of the Privacy

Act (5 U.S.C. 552a(k)(2)), investigatory

material compiled for law enforcement

purposes, other than material

encompassed within Subsection (j)(2),

may be exempted from these provisions,

and DOT proposes to exempt VIS

accordingly; however, if an individual

would be denied any right, privilege, or

benefit to which he/she would

otherwise be entitled by Federal law, of

for which he/she would otherwise be

eligible, as a result of the maintenance

of such material, such material shall be

provided to such individual, except to

the extent that the disclosure of such

material would reveal the identity of a

source who furnished information to the

Government under an express promise

that the identity of the source would be

held in confidence.

Analysis of Regulatory Impacts

This amendment is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866. It is also not

significant within the definition in

DOT’s Regulatory Policies and

Procedures, 49 FR 11034 (1979), in part

because it does not involve any change

in important Departmental policies.

Because the economic impact should be

minimal, further regulatory evaluation

is not necessary. Moreover, I certify that

this proposal will not have a significant

economic impact on a substantial

number of small entities.

This proposal does not significantly

affect the environment, and therefore an

environmental impact statement is not

required under the National

Environmental Policy Act of 1969. It has

also been reviewed under Executive

Order 12612, Federalism, and it has

been determined that it does not have

sufficient implications for federalism to

warrant preparation of a Federalism

Assessment. This rule does not impose

any unfunded mandates as defined by

the Unfunded Mandates Reform Act of

1995.

Finally, the proposal does not contain

any collection of information

requirements, requiring review under

the Paperwork Reduction Act of 1995.

List of Subjects in 49 CFR Part 10

Penalties, Privacy.

Accordingly, DOT proposes to amend

49 CFR part 10 as follows:

PART 10—[AMENDED]

1. The authority citation to part 10

would continue to read as follows:

Authority: 5 U.S.C. 552a; 49 U.S.C. 322.

2. Part II.A of the Appendix would be

amended by republishing the

introductory text and adding a new

paragraph 15, to read as follows:

Appendix to Part 10—Exemptions

* * * * *

Part II. Specific exemptions.

A. The following systems of records are

exempt from subsection (c)(3) (Accounting of

Certain Disclosures), (d) (Access to Records),

(e)(4)(G), (H), and (I) (Agency Requirements),

and (f) (Agency Rules) of 5 U.S.C. 552a, to

the extent that they contain investigatory

material compiled for law enforcement

purposes in accordance with 5 U.S.C.

552a(k)(2):

* * * * *

15. Vessel Information System, maintained

by the Operations Systems Center, U.S. Coast

Guard (DOT/CG 590). The purpose of this

exemption is to prevent persons who are the

subjects of criminal investigations from

learning too early in the investigative process

that they are subjects, what information there

is in Coast Guard files that indicates that they

may have committed unlawful conduct, and

who provided such information.

* * * * *

Issued in Washington, DC, on October 15,

1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–27974 Filed 10–23–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE42

Endangered and Threatened Wildlife

and Plants; Proposed Rule To List the

Topeka Shiner as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to list the

Topeka shiner (Notropis topeka) as an

endangered species under the authority

of the Endangered Species Act of 1973

(Act), as amended (16 U.S.C. 1531 et

seq.). The Topeka shiner is a small fish

presently known from small tributary

streams in the Kansas and Neosho river

basins in Kansas; the Missouri, Grand,

Lamine, Chariton, and Des Moines river

basins in Missouri; the North Raccoon

River basin in Iowa; the James and

Vermillion river watersheds in South

Dakota; and, the Rock River watershed

in Minnesota. The Topeka shiner is

threatened by habitat destruction,

degradation, modification, and

fragmentation resulting from siltation,

reduced water quality, tributary

impoundment, stream channelization,

and stream dewatering. The species is

also impacted by introduced predaceous

fishes. This proposal, if made final, will

implement Federal protection provided

by the Act for Notropis topeka. A

determination of critical habitat is

neither beneficial nor prudent.

DATES: Comments from all interested

parties must be received by December

23, 1997. Public hearing requests must

be received by December 8, 1997.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to: Field Supervisor, Ecological Services

Field Office, 315 Houston Street, Suite

E, Manhattan, Kansas 66502. Comments

and materials received will be available

for public inspection, by appointment,