Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63655

and may be seen by interested persons

between 9 a.m. and 4 p.m., Monday

through Friday.

1. Cerestar Holding B. V., Mitsubishi

Chemical Corp., and Nikken Chemicals Co.,

‘‘Petition to amend the regulation for 21 CFR

101.80 to authorize a noncariogenicity dental

health claim for the sugar alcohol erythritol

(1,2,3,4-butanetetrol),’’ April 4, 1997, [CP1].

List of Subjects in 21 CFR Part 101

Food labeling, Nutrition, Reporting

and recordkeeping requirements.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 101 is

amended as follows:

PART 101—FOOD LABELING

1. The authority citation for 21 CFR

part 101 continues to read as follows:

Authority: 15 U.S.C. 1453, 1454, 1455; 21

U.S.C. 321, 331, 342, 343, 348, 371.

2. Section 101.80 is amended by

revising paragraph (c)(2)(ii)(B) to read as

follows:

§ 101.80 Health claims: dietary sugar

alcohols and dental caries.

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(B) The sugar alcohol in the food shall

be xylitol, sorbitol, mannitol, maltitol,

isomalt, lactitol, hydrogenated starch

hydrolysates, hydrogenated glucose

syrups, erythritol, or a combination of

these.

* * * * *

Dated: November 21, 1997.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 97–31587 Filed 12–1–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

23 CFR Part 1327

[Docket No. NHTSA–97–3155]

RIN 2127–AG21

Procedures for Participating in and

Receiving Data From the National

Driver Register Problem Driver Point

System

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for

comments.

SUMMARY: This interim final rule

amends the agency’s National Driver

Register (NDR) regulations to implement

a recent amendment to the National

Driver Register Act of 1982, as amended.

The amendment authorizes the

Commandant of the Coast Guard to

request and receive information from

the National Driver Register (NDR)

regarding the motor vehicle driving

records of any officer, chief warrant

officer, or enlisted member of the Coast

Guard or Coast Guard Reserve

(including a cadet or an applicant for

appointment or enlistment of any of the

foregoing, and any member of a

uniformed service who is assigned to

the Coast Guard). This interim final rule

establishes the procedures for such

individuals to request, and for the

Commandant to receive, NDR

information.

DATES: This interim final rule becomes

effective on December 2, 1997.

Comments on this interim final rule are

due no later than February 2, 1998.

ADDRESSES: Written comments should

refer to the docket number and be

submitted (preferably in ten copies) to:

Department of Transportation—Dockets,

Room PL–401, Nassif Building, 400

Seventh Street, S.W., Washington, DC

20590. (Docket hours are from 10:00

a.m. to 5:00 p.m.)

FOR FURTHER INFORMATION CONTACT: Mr.

William Holden, Chief, Traffic Records

and Driver Register Division, NTS–32.

National Highway Traffic Safety

Administration, 400 Seventh Street,

S.W., Washington, DC 20590; telephone

(202) 366–4800 or Ms. Heidi L.

Coleman, Assistant Chief Counsel for

General Law, NCC–30, National

Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington,

DC 20590; telephone (202) 366–1834.

SUPPLEMENTARY INFORMATION: The

National Driver Register (NDR) is a

central file of information on

individuals whose licenses to operate a

motor vehicle have been denied,

revoked, suspended, or canceled, for

cause, or who have been convicted of

certain serious traffic-related violations,

such as racing on the highways or

driving while impaired by alcohol or

other drugs.

As provided in the NDR Act of 1982,

as amended, 49 U.S.C. 30301, et seq.,

State chief driver licensing officials are

authorized to request and receive

information from the NDR for driver

licensing and driver improvement

purposes. When an individual applies

for a driver’s license, for example, these

State officials are authorized to request

and receive NDR information to

determine whether the applicant’s

driver’s license has been withdrawn for

cause in any other State. Because the

NDR is a nationwide index, chief driver

licensing officials need to submit only a

single inquiry to obtain this

information.

State chief driver licensing officials

also are authorized under the Act to

request NDR information on behalf of

other authorized NDR users for

transportation safety purposes. The NDR

Act authorizes the following entities to

receive NDR information for limited

transportation purposes: the National

Transportation Safety Board and the

Federal Highway Administration for

accident investigation purposes;

employers and prospective employers of

motor vehicle operators; the Federal

Aviation Administration (FAA)

regarding any individual who holds or

has applied for an airman’s certificate;

air carriers regarding individuals who

are seeking employment with the air

carrier; the Federal Railroad

Administration (FRA) and employers or

prospective employers of locomotive

operators; and the U.S. Coast Guard

regarding any individual who holds or

who has applied for a license, certificate

of registry, or a merchant mariner’s

document. The Act also provides that

individuals can learn whether

information about themselves is on the

NDR file and can receive any such

information.

On October 19, 1996, Pub. L. 104–324

was enacted into law. Section 207 of

that Act contained an amendment to the

NDR Act of 1982, as amended (49 U.S.C.

30305), authorizing the Commandant of

the Coast Guard to request and receive

NDR information regarding any officer,

chief warrant officer, or enlisted

member of the Coast Guard or Coast

Guard Reserve (including a cadet or an

applicant for appointment or enlistment

of any of the foregoing, and any member

of a uniformed service who is assigned

to the Coast Guard).

Procedures for Requesting and

Receiving NDR Information

The procedures that the Commandant

of the Coast Guard would use to receive

NDR information on these Coast Guard

members would be the same as those

used by the U.S. Coast Guard to receive

information regarding individuals who

hold or who have applied for a license,

certificate of registry, or a merchant

mariner’s document.

The Commandant of the Coast Guard

may not initiate a request for NDR

information. Rather, the individual

member or applicant must do so. To

initiate a request, the individual must

either complete, sign and submit a

request for an NDR file search, or
63656 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

authorize the Commandant of the Coast

Guard to request the NDR file search by

completing and signing a written

consent. The request or written consent

must state that NDR records are being

requested; state specifically who is

authorized to receive the records; be

dated and signed by the individual (the

member or applicant); and specifically

state that the authorization is valid for

only one search of the NDR. It must also

specifically state that the NDR identifies

‘‘probable’’ matches that require further

inquiry for verification, that it is

recommended (but not required) that

the Commandant of the Coast Guard

verify matches with the state of record,

and state that individuals have the right

to request NDR records regarding

themselves to verify the accuracy of any

information on the file pertaining to

them.

The Commandant of the Coast Guard

may receive such information and shall

make the information available to the

individual. The Commandant will not

receive any information that was

entered in the Register more than three

years before the date of the request,

unless the information relates to a

revocation or suspension still in effect

on the date of the request.

In accordance with Pub. L. 104–324,

requests to transmit NDR information to

the Commandant are to be submitted

through a State chief driver licensing

official. Such requests may be submitted

through the chief driver licensing

official of any state that participates in

the NDR’s Problem Driver Pointer

System (PDPS). Currently, all 50 States

participate in the NDR PDPS, and the

District of Columbia is in the process of

connecting to the PDPS system.

The NDR response would be sent to

the chief driver licensing official who

will provide it to the Commandant and

will indicate whether a match (probable

identification) was found and, if so, the

response will identify the State in

which the full substantive record can be

found (the State of record). The agency

encourages the Commandant to obtain

the substantive data relating to the

match from the State of record to

determine whether the person described

in the record is in fact the subject

individual before taking further action.

Interim Final Rule

This document is published as an

interim final rule. Accordingly, the

changes to part 1327 described above

are fully in effect and binding upon the

date of the document’s publication. No

further regulatory action by NHTSA is

necessary to make these changes

effective.

In an effort to establish the procedures

to permit Coast Guard members to

submit requests to the NDR and the

Commandant of the Coast Guard to

receive NDR information as soon as

possible, these regulatory changes have

been made in an interim final rule,

without prior notice and opportunity for

comment. In addition, the changes made

to the regulation in this interim final

rule simply reflect the statutory

amendments enacted by Pub. L. 104–

324. Further, the procedures that have

been established in this interim final

rule for requesting that NDR information

be provided to the Commandant of the

Coast Guard are nearly identical to the

procedures already being followed by

the States, by airmen, by seamen/

merchant mariners, and by others in the

field of transportation safety. Those

procedures were established by a

rulemaking process during which notice

and an opportunity to comment were

provided.

NHTSA requests comments on these

regulatory changes. All comments

submitted in response to this document

will be considered by the agency.

Following the close of the comment

period, NHTSA will publish a

document responding to the comments

and, if appropriate, will further amend

the provisions of part 1327.

Written Comments

Interested persons are invited to

comment on this interim final rule. It is

requested, but not required, that ten

copies be submitted.

All comments must be limited to 15

pages in length. Necessary attachments

may be appended to those submissions

without regard to the 15 page limit. (49

CFR 553.21.) This limitation is intended

to encourage commenters to detail their

primary arguments in a concise fashion.

Written comments to the public

docket must be received by February 2,

1998. All comments received before the

close of business on the comment

closing date will be considered and will

be available for examination in the

docket at the above address before and

after that date. To the extent possible,

comments received after the closing

date will also be considered. However,

the rulemaking action may proceed at

any time after that date. Following the

close of the comment period, NHTSA

will publish a document responding to

the comments and, if appropriate,

NHTSA will amend the provisions of

this rule. NHTSA will continue to file

relevant material in the docket as it

becomes available after the closing date,

and it is recommended that interested

persons continue to examine the docket

for new material.

Those persons desiring to be notified

upon receipt of their comments in the

docket should enclose, in the envelope

with their comments, a self-addressed

stamped postcard. Upon receiving the

comments, the docket supervisor will

return the postcard by mail.

Copies of all documents will be

placed in Docket NHTSA–97–3155 in

Room PL–401, Nassif Building, 400

Seventh Street, SW, Washington, DC

20590.

Regulatory Analyses and Notice

Executive Order 12778 (Civil Justice

Reform)

This interim final rule will not have

any preemptive or retroactive effect. The

enabling legislation does not establish a

procedure for judicial review of final

rules promulgated under its provisions.

There is no requirement that individuals

submit a petition for reconsideration or

other administrative proceedings before

they may file suit in court.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The agency has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866 or Department of

Transportation Regulatory Policies and

Procedures. The changes in this interim

final rule merely reflect amendments

contained in Pub. L. 104–324.

Accordingly, a full regulatory evaluation

is not required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the agency has evaluated the

effects of this action on small entities.

Based on the evaluation, we certify that

this action will not have a significant

impact on a substantial number of small

entities. Accordingly, the preparation of

a Regulatory Flexibility Analysis is

unnecessary.

Paperwork Reduction Act

There are reporting requirements

contained in the regulation that this rule

is amending that are considered to be

information collection requirements, as

that term is defined by the Office of

Management and Budget (OMB) in 5

CFR part 1320. Accordingly, these

requirements have been submitted

previously to and approved by OMB,

pursuant to the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501, et seq.). These requirements had

been approved through September 30,

2000, under OMB No. 2127–0001.
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63657

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that it will not have any significant

impact on the quality of the human

environment.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Accordingly, the preparation of a

Federalism Assessment is not

warranted.

List of Subjects in 23 CFR Part 1327

Highway safety, Intergovernmental

relations, National Driver Register,

Reporting and recordkeeping

requirements.

In consideration of the foregoing,

chapter III of title 23 of the CFR is

amended as follows:

PART 1327—PROCEDURES FOR

PARTICIPATING IN AND RECEIVING

INFORMATION FROM THE NATIONAL

DRIVER REGISTER PROBLEM DRIVER

POINTER SYSTEM

1. The authority citation for Part 1327

is revised to read as follows:

Authority: Pub.L. 97–364, 96 Stat. 1740, as

amended (49 U.S.C. 30301 et seq.); delegation

of authority at 49 CFR 1.50.

2. Section 1327.3 is amended by

redesignating paragraphs (a) through (w)

as paragraphs (b) through (x) and by

adding a new paragraph (a) to read as

follows:

§ 1327.3 Definitions.

(a) Any officer, chief warrant officer,

or enlisted member of the Coast Guard

or Coast Guard Reserve includes a cadet

or an applicant for appointment or

enlistment of any of the foregoing and

any member of a uniformed service who

is assigned to the Coast Guard.

* * * * *

§ 1327.5 [Amended]

3. Section 1327.5 is amended by

removing the period at the end of

paragraph (c)(2) introductory text and

adding in its place the words ‘‘, or

regarding any officer, chief warrant

officer, or enlisted member of the Coast

Guard or Coast Guard Reserve.’’.

4. Section 1327.6 is amended by

revising paragraph (e)(1) introductory

text to read as follows:

§ 1327.6 Conditions and procedures for

other authorized users of the NDR.

* * * * *

(e) * * *

(1) To initiate an NDR file check, the

individual who holds or who has

applied for a license, certificate of

registry, or a merchant mariner’s

document or the individual who is an

officer, chief warrant officer, or enlisted

member of the Coast Guard or Coast

Guard Reserve shall either:

* * * * *

Issued on: November 25, 1997.

Ricardo Martinez,

Administrator, National Highway Traffic

Safety Administration.

[FR Doc. 97–31436 Filed 12–1–97; 8:45 am]

BILLING CODE 4910–59–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 97–6]

Registration of Claims to Copyright:

Group Registration of Serials

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule; policy

announcement.

SUMMARY: This announcement notifies

the public of an amendment that

slightly modifies the administrative

procedures for qualifying to use the

group registration of serials option.

Under the amendment, the letter

currently addressed to the General

Counsel’s Office should instead be

addressed to ‘‘Group Periodicals

Registration.’’

EFFECTIVE DATE: December 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Marilyn Kretsinger, Assistant General

Counsel, Copyright GC/I&R, P.O. Box

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: In 1990,

the Copyright Office adopted a new

registration procedure which permitted

group registration of serial publications

under certain conditions. 55 FR 50556

(1990). This procedure is part of the

regulations of the Copyright Office at 37

CFR Chap. II, §§ 202.3(b)(5) and

202.20(c)(2)(xvii). The primary

requirement for an applicant to become

eligible to use the group registration

procedure is for the applicant to

establish two complimentary

subscriptions of the individual serial

title for the Library of Congress. In order

to encourage compliance, the

regulations required that the applicant

submit a letter to the General Counsel’s

Office, stating that the complimentary

subscriptions had been entered.

In administering the group

registration procedure, the letter

submitted has been addressed to the

General Counsel’s Office. In the future

this letter should be addressed to:

Library of Congress, ‘‘Group Periodicals

Registration,’’ Washington, D.C. 20540–

4161. In the future, the Copyright

Acquisitions Division, will maintain the

file of these letters relating to group

registration of serials. Questions or

requests for information relating to

deposits for group registration of serials

should be directed to the Chief of the

Copyright Acquisitions Division (202)

707–7125. All other conditions relating

to this procedure will continue without

modification.

List of Subjects in 37 CFR Part 202

Registration of claims to copyright,

Claims to copyright, Copyright

registration.

Final Regulations

In consideration of the foregoing, the

Copyright Office is amending part 202

of 37 CFR, chapter II in the manner set

forth below.

PART 202—REGISTRATION OF

CLAIMS TO COPYRIGHT

1. The authority citation for part 202

continues to read as follows:

Authority: 17 U.S.C. 702.

2. The second sentence of

§ 202.3(b)(5)(ii) is revised to read as

follows:

§ 202.3 Registration of copyright.

* * * * *

(b) * * *

(5) * * *

(ii) * * * The letter should be sent to

Library of Congress,‘Group Periodicals

Registration,’ Washington, D.C. 20540–

4161.

* * * * *

Dated: November 26, 1997.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 97–31548 Filed 12–1–97; 8:45 am]

BILLING CODE 1410–30–P