Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations 62693

7. Two new sections, §§ 1446.310 and

1446.311, are added to subpart C to read

as follows:

§ 1446.310 Additional peanut support

levels.

(a) The national support rate for

additional peanuts for the 1996 crop is

$132 per short ton.

(b) The national support rate for

additional peanuts for the 1997 crop is

$132 per short ton.

§ 1446.311 Minimum CCC sales price for

certain peanuts.

(a) The minimum CCC sales price for

additional peanuts to be sold from the

price support loan inventory for export

edible use from the 1996 crop is $400

per short ton.

(b) The minimum CCC sales price for

additional peanuts to be sold from the

price support loan inventory for export

edible use from the 1997 crop is $400

per short ton.

Signed at Washington, DC, on October 26,

1997.

Bruce R. Weber,

Acting Administrator, Farm Service Agency

and Acting Executive Vice President,

Commodity Credit Corporation.

[FR Doc. 97–30965 Filed 11–24–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1437

RIN 0560–AF23

Noninsured Crop Disaster Assistance

Program; Correction

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule with request for

comments; correction.

SUMMARY: In the interim rule published

in the Federal Register on October 17,

1997 (62 FR 53929) the comment period

was inadvertently omitted. This

correction announces the comment

period.

DATES: The interim rule was effective on

October 17, 1997. Comments on this

rule must be received on or before

January 26, 1998 to be assured of

consideration.

ADDRESSES: Comments should be

mailed to Sean O’Neill, Chief,

Noninsured Assistance Branch (NAB),

Production, Emergencies, and

Compliance Division (PECD), Farm

Service Agency (FSA), United States

Department of Agriculture, STOP 0517,

1400 Independence Avenue, SW,

Washington, D.C. 20250–0526;

telephone (202) 720–9003.

FOR FURTHER INFORMATION CONTACT:

Sean O’Neill, Chief, Noninsured

Assistance Branch (NAB), Production,

Emergencies, and Compliance Division

(PECD), Farm Service Agency (FSA),

United States Department of

Agriculture, STOP 0517, 1400

Independence Avenue, SW,

Washington, D.C. 20250–0526;

telephone (202) 720–9003.

Signed at Washington, DC, on November

18, 1997.

Keith Kelly,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 97–30966 Filed 11–24–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 971014243–7243–01]

Monterey Bay National Marine

Sanctuary

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Final rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

amending the regulations for the

Monterey Bay National Marine

Sanctuary (MBNMS or Sanctuary) to

allow the delegation of the authority to

object to or impose terms or conditions

on the exercise of any valid lease,

permit, license, approval or other

authorization issued after January 1,

1993 (the effective date of the MBNMS

designation) from the Director of the

Office of Ocean and Coastal Resource

Management (Director) to other Federal

officials below the Director’s level; for

example, the Sanctuary Manager.

DATES: This rule will be effective on

November 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Scott Kathey at (408) 647–4251 or

Elizabeth Moore at (301) 713–3141 ext.

170.

SUPPLEMENTARY INFORMATION:

I. Summary of the Proposed Regulatory

Amendment

The MBNMS regulations at 15 CFR

922.132(a) prohibit a relatively narrow

range of activities and thus make it

unlawful for any person to conduct

them or cause them to be conducted.

Under 15 CFR 922.49 (Notification

and review of applications for leases,

licenses, permits, approvals or other

authorizations to conduct a prohibited

activity), the MBNMS prohibitions do

not apply to any activity authorized by

any valid lease, permit, license,

approval or other authorization issued

after the effective date of the Sanctuary

designation (i.e., January 1, 1993 for the

MBNMS) by any Federal, State or local

authority of competent jurisdiction,

provided that the applicant for such

authorization complies with the

procedures of section 922.49. The

Director is required to notify the

applicant whether he or she has an

objection to issuance of the

authorization and what terms and

conditions he or she deems necessary to

protect Sanctuary resources or qualities.

Section 922.134(a) of the MBNMS

regulations states ‘‘The authority

granted the Director under § 922.49 to

object to or impose terms or conditions

on the exercise of any valid lease,

permit, license, approval or other

authorization issued after January 1,

1993 may not be delegated or otherwise

assigned to other Federal officials below

the Director’s level.’’ This provision

prevents the Director from delegating

this authority to the Sanctuary Manager

of the MBNMS or any other Federal

official below the Director’s level. The

Sanctuary Manager currently has the

delegated authority to issue Sanctuary

permits. Further, the MBNMS is the

only Sanctuary of the twelve in the

National Marine Sanctuary Program in

which the authority to object to or

impose terms and conditions under

§ 922.49 cannot be and has not been

delegated to the Sanctuary Manager.

Consequently, this rule amends the

MBNMS regulations to allow for the

delegation to the Sanctuary Manager or

any other Federal official below the

Director’s level of the authority to object

to or impose terms or conditions on the

exercise of any valid lease, permit,

license, approval or other authorization

issued after January 1, 1993, pursuant to

§ 922.49.
62694 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations

II. Miscellaneous Rulemaking

Requirements

Executive Order 12866: Regulatory

Impact

NOAA has concluded that this

regulatory action is not significant

within the meaning of section 3(f) of

Executive Order 12866 because it will

not result in:

(1) An annual effect on the economy

of $100 million or more or adversely

affect in a material way the economy,

productivity, competition, jobs, the

environment, or public health and

safety;

(2) A serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) A material alteration of the

budgetary impact of entitlement, grants,

user fees, or loan programs or rights and

obligations of such recipients; or

(4) Novel legal or policy issues arising

out of legal mandates, the President’s

priorities, or the principles set forth in

the Executive Order.

The Office of Management and Budget

has concurred in this determination.

Executive Order 12612: Federalism

Assessment

This regulatory action does not have

sufficient federalism implications

sufficient to warrant preparation of a

federalism assessment under Executive

Order 12612.

Paperwork Reduction Act

This rule would not impose an

information collection requirement

subject to review and approval by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3500 et seq.

Administrative Procedure Act

This rule is exempt from the

rulemaking requirements of 5 U.S.C. 553

by paragraph (a)(2) of that section

because it is a matter relating to agency

management.

Regulatory Flexibility Act

Because this rule is not required to be

issued with prior notice and

opportunity for public comment by 5

U.S.C. 553 or by any other law, it is not

subject to the Regulatory Flexibility Act

requirement for preparation of a

regulatory flexibility analysis, and none

has been prepared.

List of Subjects in 15 CFR Part 922

Administrative practice and

procedure, Coastal zone, Education,

Environmental protection, Marine

resources, Natural resources, Penalties,

Recreation and recreation areas,

Reporting and recordkeeping

requirements, Research.

(Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program)

Dated: November 13, 1997.

Nancy Foster,

Assistant Administrator for Ocean Services

and Coastal Zone Management.

Accordingly, for the reasons set forth

above, 15 CFR part 922 is proposed to

be amended as follows:

PART 922—[AMENDED]

1. The authority citation for Part 922

continues to read as follows:

Authority: 16 U.S.C. 1431 et seq.

Subpart M—Monterey Bay National

Marine Sanctuary

§ 922.134 [Amended]

2. Section 922.134 is amended by

removing and reserving paragraph (a).

[FR Doc. 97–30367 Filed 11–24–97; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 2632]

Passport Procedures—Amendment to

Restriction of Passports Regulation

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Interim final.

SUMMARY: This interim final rule would

add one new ground for denying,

revoking or canceling a passport. The

interim final rule would require the

Secretary of State to deny a passport to

a person who has been certified by the

Secretary of Health and Human Services

upon receipt of a State Agency

determination to be in arrears of child

support by an amount exceeding

$5,000.00, and would except from

review adverse actions on that ground.

EFFECTIVE DATE: October 1, 1997.

COMMENTS: Interested persons are

invited to submit written comments on

or before December 26, 1997.

ADDRESSES: Director, Office of Passport

Policy and Advisory Services, 1111 19th

Street, N.W., Suite 260, Washington,

D.C. 20524.

FOR FURTHER INFORMATION CONTACT:

Sharon E. Palmer-Royston, Office of

Passport Policy and Advisory Services,

Bureau of Consular Affairs, Department

of State (202) 955–0231.

SUPPLEMENTARY INFORMATION: Section

51.70(a) of the passport regulations in

Title 22 of the Code of Federal

Regulations provides the grounds other

than noncitizenship which require the

Secretary of State to refuse to issue a

passport. Section 452(k) of the Social

Security Act (Pub. L. 93–647, 42 U.S.C.

652) as added by Section 370 of the

Personal Responsibility and Work

Opportunity Reconciliation Act

(PRWORA) of 1996 (Pub. L. 104–193),

effective October 1, 1997: (1) Requires

that the Secretary of Health and Human

Services shall transmit to the Secretary

of State a certification by a State agency

in accordance with the requirements of

section 454(31) of the Act of a

determination that an individual owes

arrearages of child support in an amount

exceeding $5,000.00; and, (2) requires

that the Secretary of State shall, upon

receipt of such certification by the

Secretary of Health and Human

Services, refuse to issue a passport to

such individual, and authorizes the

Secretary to revoke, restrict, or limit a

passport previously issued to such an

individual.

This interim final rule would amend

the existing regulation at section

51.70(a) of Title 22 of the Code of

Federal Regulations by the addition of a

new section 51.70(a)(8) to require the

Secretary of State to refuse to issue a

passport, except one limited for direct

return to the United States, to a person

who has been certified by the Secretary

of Health and Human Services to be in

arrears of child support by an amount

exceeding $5,000.00. The Department of

State is already authorized by the

provisions in § 51.72(a) of Title 22 of the

Code of Federal Regulations to revoke or

restrict or limit a passport where a

national would not be entitled to the

issuance of a new passport under

section 51.70 of Title 22 of the Code of

Federal Regulations.

The Department of State is required

by the provisions in section 51.75 of

Title 22 of the Code of Federal

Regulations to notify any person, who is

the subject of a passport denial or

cancellation and revocation, in writing

of the reasons for the adverse action. In

this regard, subsection 452(k)(3) of the

Social Security Act (Pub. L. 93–647), as

added by section 370 of the PRWORA

(Pub. L. 104–193), provides that the

Secretary of State shall not be liable to

an individual for any action with

respect to certification by a State agency

under this section; and, section

454(31)(A) of the Social Security Act

(Pub. L. 93–647) requires that State

agencies afford each individual

concerned with notice of the

determination of their arrearage of child

support in an amount exceeding

$5,000.00 and the consequences thereof,

and an opportunity to contest the