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
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations 62695

determination. Therefore, the remedy of

any individual who is the subject of a

passport denial, revocation, restriction

or limitation due to arrearages of child

support in an amount exceeding

$5,000.000 lies only with the State

agency, and no administrative review by

the Department of State under the

provisions in §§ 51.81 through 51.89 of

Title 22 of the Code of Federal

Regulations will be performed. Section

51.80 of Title 22 of the Code of Federal

Regulations is amended to exempt this

reason for passport denial from

entitlement to a hearing. These changes to the regulations are

not expected to have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act,

5 U.S.C. 605(b). In addition, they will

not impose information collection

requirements under the provisions of

the Paperwork Reduction Act, 44 U.S.C.,

Chapter 35. Nor do these rules have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with E.O. 12988. These

rules are exempt form review under E.O.

12988 but have been reviewed and

found to be consistent with the

objectives. For the reasons set forth in the

preamble, part 51 to title 22 is amended

as follows:

PART 51—PASSPORTS

1. The authority citation for part 51 is

revised to read as follows:

Authority: 22 U.S.C. 211a, as amended; 8

U.S.C. 1104(d); 22 U.S.C. 2651a, 3926; sec.

122(d)(3), Pub. L. 98–164, 97 Stat. 1017; 31

U.S.C. 9701; E.O. 11295, 3 CFR, 1966–1970

Comp., p 570; Pub. L. 100–690; sec. 129, Pub.

L. 102–138, 105 Stat. 661; sec. 503, Pub. L.

102–140, 105 Stat. 820; Title V, Pub. L. 103–

317, 108 Stat. 1724; sec. 452(k) and sec.

454(31), Pub. L. 93–647, 42 U.S.C. 652, as

amended by sec. 370, Pub. L. 104–193, 110

Stat. 2251–2252.

2. Section 51.70(a) is amended as

follows:

a. Substitute ‘‘; or’’ for the period after

paragraph (a)(7). b. Add paragraph (a)(8) to read as

follows:

§ 51.70 Denial of passports.

(a) * * *

(8) The applicant has been certified by

the Secretary of Health and Human

Services as notified by a State agency

under 42 U.S.C. 652(k) to be in arrears

of child support in an amount exceeding

$5,000.00.

§ 51.80 [Revised]

3. Section 51.80 is revised to read as

follows:

The provisions of §§ 51.81 through

51.89 shall not apply to any action of

the Secretary of State taken on an

individual basis in denying, restricting,

revoking or invalidating a passport or in

any other way adversely affecting the

ability of a person to receive or use a

passport by reason of: (a) Noncitizenship.

(b) Refusal under the provisions of

§ 51.70(a)(8),

(c) Refusal to grant a discretionary

exception under the emergency or

humanitarian relief provisions of

§ 51.71(c), or

(d) Refusal to grant a discretionary

exception from geographical limitations

of general applicability. The provisions

of this subpart shall otherwise

constitute the administrative remedies

provided by the Department to persons

who are the subject of adverse action

under § 51.70, § 51.71 or § 51.72.

Dated: November 6, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97–30762 Filed 11–24–97; 8:45 am]

BILLIING CODE 4710–06–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TN 86–1–9802a; TN 127–1–9803a; FRL–

5923–2]

Designation of Areas for Air Quality

Planning Purposes; Tennessee:

Redesignation of the Polk County and

New Johnsonville Sulfur Dioxide

Nonattainment Areas to Attainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving

maintenance plans and requests for

redesignation of the Polk County area

and portions of Benton and Humphreys

Counties, Tennessee, surrounding

TVA’s Johnsonville plant (New

Johnsonville area) from nonattainment

to attainment for the sulfur dioxide

(SO2) National Ambient Air Quality

Standards (NAAQS), pursuant to

requests submitted on January 6, 1988,

July 12, 1990, December 17, 1993, and

April 17, 1995, by the State of

Tennessee, through the Tennessee

Department of Environment and

Conservation (TDEC).

DATES: This final rule is effective

January 26, 1998 unless notice is

received by December 26, 1997 that

someone wishes to submit adverse or

critical comments. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should

be addressed to:

For the Polk County area: Scott M.

Martin, Regulatory Planning Section,

Air Planning Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303.

For the New Johnsonville area: Steven

M. Scofield, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, Atlanta, Georgia

30303.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, 9th Floor L & C

Annex, 401 Church Street, Nashville,

Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

For the Polk County area: Scott M.

Martin, Regulatory Planning Section,

Air Planning Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303.

The telephone number is 404/562–9036.

For the New Johnsonville area: Steven

M. Scofield, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303. The telephone

number is 404/562–9034.

SUPPLEMENTARY INFORMATION:

In a Federal Register document

published March 3, 1978, (43 FR 8962)

the Polk County and New Johnsonville

areas were designated nonattainment for

SO2. On July 12, 1990, the State of

Tennessee, through the TDEC,

submitted a request for redesignation of

the Polk County SO2 nonattainment area

to attainment. This request did not

contain a maintenance plan, including

contingency measures, as required in

section 107(d)(3)(E) of the Clean Air Act

(CAA). Subsequently, on April 17, 1995,