Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61329

All filings must (1) bear in all capital

letters the title ‘‘COMMENTS’’, ‘‘REPLY

COMMENTS’’,

‘‘RECOMMENDATIONS,’’ ‘‘TERMS

AND CONDITIONS,’’ or

‘‘PRESCRIPTIONS;’’ (2) set forth in the

heading the name of the applicant and

the project number of the application to

which the filing responds; (3) furnish

the name, address, and telephone

number of the person submitting the

filing; and (4) otherwise comply with

the requirements of 18 CFR 385.2001

through 385.2005. All comments,

recommendations, terms and conditions

or prescriptions must set forth their

evidentiary basis and otherwise comply

with the requirements of 18 CFR 4.34(b).

Any of these documents must be filed

by providing the original and the

number of copies required by the

Commission’s regulations to: The

Secretary, Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington, D.C. 20426. An additional

copy must be sent to Director, Division

of Project Review, Office of Hydropower

Licensing, Federal Energy Regulatory

Commission, at the above address. Each

filing must be accompanied by proof of

service on all persons listed on the

service list prepared by the Commission

in this proceeding, in accordance with

18 CFR 4.34(b), and 385.2010.

Lois D. Cashell,

Secretary.

[FR Doc. 97–30075 Filed 11–14–97; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5922–3]

Notice of Meeting of the EPA’s

Children’s Health Protection Advisory

Committee (CHPAC)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of meeting

SUMMARY: Pursuant to the provisions of

the Federal Advisory Committee Act,

Public Law 92–463, notice is hereby

given that the first meeting of the

Children’s Health Protection Advisory

Committee (CHPAC) will be held on

December 2 and 3, 1997, in Arlington,

Virginia. The CHPAC was created to

advise the Environmental Protection

Agency in the development of

regulations, guidance and policies to

address children’s environmental

health.

DATES: Tuesday, December 2, 1997, from

9:30 a.m. to 5:00 p.m. and Wednesday,

December 3, 1997, from 9:00 a.m. to

12:45 p.m.

ADDRESSES: Hyatt Regency Crystal City

at the Washington National Airport,

2799 Jefferson Davis Highway,

Arlington, VA 22202.

AGENDA ITEMS: The meeting of the

CHPAC is open to the public. On

Tuesday, December 2, 1997, the meeting

will open with introductions, a review

of the agenda and meeting objectives.

The remaining agenda items for the first

day of the meeting include (1)

background and context of the

Committee, (2) Office of Children’s

Health Protection’s (OCHP) plan, (3)

OCHP’s Healthy Homes, Healthy

Schools, Healthy Kids outreach

campaign, and (4) introduction of the

Work Groups. The meeting will

continue on Wednesday, December 3,

with (1) CHPAC Operating Principles

and Ground Rules, (2) Work Group

sessions and, (3) will conclude with a

Plenary Session at which time the Work

Groups will present their individual

Work Plans and discuss future

activities. The public will have an

opportunity to comment at the end of

both days.

FOR FURTHER INFORMATION CONTACT:

Persons needing further information

should contact Paula R. Goode, Office of

Children’s Health Protection, USEPA,

WSM, 913, MC 1107, 401 M Street, SW,

Washington, DC 20460, (202) 260–7778,

goode.paula@epamail.epa.gov.

Dated: November 10, 1997.

E. Ramona Trovato,

Director, Office of Children’s Health

Protection.

[FR Doc. 97–30139 Filed 11–14–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

Draft American Indian and Alaska

Native Policy

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice, with request for

comments.

SUMMARY: The Federal Emergency

Management Agency (FEMA) has

developed a draft American Indian and

Alaska Native Policy that reflects the

Agency’s commitment to a governmentto-government relationship. The draft

policy reinforces the importance of

partnership between and among all

levels of government on issues related to

disaster preparedness, mitigation,

response and recovery. Contained

within this draft policy are guiding

principles for FEMA’s interactions with

Tribal governments.

DATES: We invite your comments, which

should be submitted on or before

January 5, 1998.

ADDRESSES: Please send written

comments to the Office of Policy and

Regional Operations, Federal Emergency

Management Agency, 500 C Street SW.,

Washington DC 20472. Comments may

also be submitted via facsimile, (202)

646–4215, or by e-mail to

Tribal.Liaison@fema.gov.

FOR FURTHER INFORMATION CONTACT:

Rachael A. Rowland, Intergovernmental

Affairs, Office of Policy and Regional

Operations, Federal Emergency

Management Agency, 500 C Street SW.,

Washington DC 20472, (202) 646–2889.

SUPPLEMENTARY INFORMATION: The draft

FEMA American Indian and Alaska

Native Policy follows:

The United States has historically

bonded together during times of disaster

to provide assistance to those who have

suffered the losses of loved ones or

personal belongings. The guiding

principle of the Federal Emergency

Management Agency is ‘‘people helping

people.’’ It is in this spirit that the

Federal Emergency Management Agency

declares its policy towards America

Indians and Alaska Natives.

Introduction

The American Indian and Alaska

Native tribal governments hold a unique

status in the United States with the

rights and benefits of sovereign nations.

This policy outlines the principles

under which all employees of the

Federal Emergency Management Agency

are to operate with regard to American

Indian and Alaska Native tribal

governments. This policy is based on

the United States Constitution, Federal

treaties, policy, statutes, court decisions,

and the ongoing political relationship

between Indian tribes and the Federal

Government.

In recognition of the historic

relationship between the United States,

the American Indians and Alaska Native

tribal governments, the Federal

Emergency Management Agency

supports a government-to-government

relationship between the Federal

Government and American Indian and

Alaska Native tribes.

This policy pertains to federally

recognized tribes and provides guidance

to employees of the Federal Emergency

Management Agency for issues affecting

American Indians and Alaska Natives.

This policy does not apply to Federal

Emergency Management Agency

interactions with State-recognized

tribes, Indians, or Alaska Natives who
61330 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

are not members of tribes with respect

to matters provided for by Federal

statute or regulation.

This partnership is intended to be

flexible and dynamic to provide for the

evolution of the partnerships between

the Federal Emergency Management

Agency and American Indian

governments. Working relationships

between the Federal Emergency

Management Agency and the American

Indian governments will be generally

consistent nationwide; however, they

will vary according to the legal basis

and management requirements for each

relationship.

This policy is adopted pursuant to

and consistent with existing law and

does not pre-empt or modify the

authorities of the Federal Emergency

Management Agency or other Federal

departments and agencies. Nor does the

policy suggest recognition of tribal

authority that does not currently exist.

However, the Federal Emergency

Management Agency need not wait for

judicial recognition over emergency

management programs when such

authority is already supported by law.

This policy is for internal management

only and shall not be construed to grant

or vest any right to any party in respect

to any Federal action not otherwise

granted or vested by existing law or

regulations.

Definitions

Indian Tribe: Any tribe, band, nation,

Pueblo, or other organized group or

community, including any Alaska

Native Village (as defined in, or

established pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C.

1601 et seq.)), that is acknowledged by

the Federal Government to constitute a

tribe with a government-to-government

relationship with the United States and

eligible for the programs, services, and

other relationships established by the

United States for Indians because of

their status as Indians and tribes.

Tribal Government: The recognized

government of an Indian tribe and any

affiliated or component Band

government of such tribe that has been

determined eligible for specific services

by Congress or officially recognized by

inclusion in 61 Fed. Reg. 58211,

November 13, 1996, ‘‘Indian Entities

Recognized and Eligible to Receive

Services from the United States Bureau

of Indian Affairs.’’

Policy Principles

The following policy statements

provide general guidance to Federal

Emergency Management Agency

employees for responsibilities

associated with interactions with

American Indian and Alaska Native

governments.

1. The Federal Emergency

Management Agency recognizes and

commits to a government-to-government

relationship with American Indian and

Alaska Native tribal governments.

The Federal Emergency Management

Agency recognizes that the tribal right of

self-government flows from the inherent

sovereignty of Indian tribes and Indian

nations and that Federally recognized

tribes have a unique and direct

relationship with the Federal

Government. The Federal Emergency

Management Agency further recognizes

the rights of each tribal government to

set its own priorities and goals for the

welfare of its membership and that the

Federal Emergency Management Agency

will deal with each tribal government,

when appropriate as determined by

FEMA, to meet that tribe’s needs.

2. The Federal Emergency

Management Agency acknowledges the

policy commitments of the U.S.

Congress and the Chief Executive as

precedents.

The Federal Emergency Management

Agency recognizes House Concurrent

Resolution #331, passed in 1988, which

declares the policy ‘‘To Acknowledge

the Contribution of the Iroquois

Confederacy of Nations to Reaffirm the

Continuing Government-to-Government

Relationship between Indian Tribes and

the United States Established in the

Constitution.’’ In addition, the Federal

Emergency Management Agency

incorporates the Policy Memorandum of

the White House, issued April 29, 1994,

herein, as it guides the Executive

Departments and Agencies in the

‘‘Government-to-Government Relations

with Native American Tribal

Governments.’’

3. The Federal Emergency

Management Agency acknowledges the

trust relationship between the Federal

Government and American Indian and

Alaska Native tribes as established by

specific statutes, treaties, court

decisions, executive orders, regulations,

and policies.

The Federal Emergency Management

Agency recognizes its fiduciary

relationship and recognizes its trust

responsibility. Where appropriate as

determined by FEMA, the Federal

Emergency Management Agency will

consult and work with tribal

governments prior to implementing

certain actions when developing

legislation, regulations, or policies that

will affect the sovereignty of tribal

governments, their development efforts

and their lands and resources.

4. The Federal Emergency

Management Agency will, where

appropriate as determined by FEMA,

consult and work with tribal

governments before making decisions or

implementing policy, rules or programs

that may affect tribes to ensure that

tribal rights and concerns are

addressed.

The Federal Emergency Management

Agency recognizes that, as a sovereign

government, the tribe is responsible for

the welfare and rights of its

membership. FEMA will, where

appropriate as determined by FEMA,

involve Indian tribes and seek tribal

input at the appropriate level on

policies, rules, programs and issues that

may affect a tribe’s sovereignty.

5. The Federal Emergency

Management Agency will encourage

cooperation and partnership among

Tribal, State, and local governments to

resolve issues of mutual concern

relating to emergency management.

Effective emergency management

requires the cooperation, partnership,

and mutual consideration of

neighboring governments, whether

those governments are neighboring

tribes, States, local governments, or

Indian nations. Accordingly, the Federal

Emergency Management Agency will

encourage early communication and

partnership among tribes, States, local

governments, and Indian nations. This

is not intended to lend Federal support

to any one party to the jeopardy of the

interests of the other. Instead, it

recognizes that, in the field of

emergency management, problems are

often shared and the principle of

partnership between equals and

neighbors often serves the best interests

of both.

6. The Federal Emergency

Management Agency will identify and

take appropriate steps to remove any

impediments that diminish working

directly and effectively with tribal

governments.

The Federal Emergency Management

Agency recognizes that there may be

legal, procedural, organizational or

other impediments that affect its

working relationships with Indian

tribes. The Federal Emergency

Management Agency will apply the

requirements of Executive Order 12875

(‘‘Enhancing the Intergovernmental

Partnership’’) to design solutions and

tailor Federal programs, when

appropriate as determined by FEMA, to

address specific or unique needs of

tribal communities. The Federal

Emergency Management Agency will

also use the National Performance

Review and government reorganization

to implement effective means for direct

cooperation with tribal governments on

issues that directly affect them.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61331

7. The Federal Emergency

Management Agency will work

cooperatively with other Federal

Departments and agencies, where

appropriate as determined by FEMA, to

further the goals of this policy.

The Federal Emergency Management

Agency recognizes the importance of

and is fully committed to the fulfillment

of interagency partnership and will

encourage communication, coordination

and cooperation among all

governmental agencies to ensure that

the rights of tribal governments are fully

represented and upheld.

8. The Federal Emergency

Management Agency will internalize

this policy to the extent possible so that

it will be incorporated into ongoing and

long-term planning and management

processes, as well as day-to-day

operations.

The Federal Emergency Management

Agency will to the extent possible

effectively and fully incorporate all of

the principles of this policy into all

operations and basic tenets of its

mission. The Agency will identify the

office or individual to coordinate this

policy and act as a liaison with

American Indian and Alaska Native

Tribes in implementing and working

with the policy and principles.

9. The effective date of this policy is

upon signature by the Federal

Emergency Management Agency after

coordination and consultation with

tribal governments.

As Director of the Federal Emergency

Management Agency, I am designating

Intergovernmental Affairs, Office of

Policy and Regional Operations, as the

focal point for coordination and

implementation of this Interim Policy. I

am further appointing a task force of

representatives of the various program

and support elements of the Federal

Emergency Management Agency to

define those ways in which the Agency

can, when appropriate as determined by

FEMA, fulfill the terms of this Interim

Policy.

Therefore, as Director of the Federal

Emergency Management Agency, I

hereby direct all Agency components to

implement this policy by incorporating

all of the above principles in their

planning and management activities,

their legislative initiatives, as well as

their policy development.

Dated: November 7, 1997.

James L. Witt,

Director.

[FR Doc. 97–30128 Filed 11–14–97; 8:45 am]

BILLING CODE 6718–01–P

FEDERAL MARITIME COMMISSION

[Docket No. 97–21]

Pyramids International, Inc. v. Stuart

Roland and Container X-Press, Inc.;

Notice of Filing of Complaint and

Assignment

Notice is given that a complaint filed

by Pyramids International, Inc.,

(‘‘Complainant’’) against Stuart Roland

and Container X-Press, Inc.

(‘‘Respondents’’) was served November

10, 1997. Complainant alleges that

Respondents have violated sections 8(a),

10(d)(1), and 23(a) of the Shipping Act

of 1984, 46 U.S.C. app. Sections 1707(a),

1709(d)(1), and 1721(a), by contracting

to provide ocean transport for a

shipment from New Orleans, Louisiana

to Kotka, Finland and issuing a bill of

lading without a proper tariff on file

with the Federal Maritime Commission

and subsequent to cancellation of

Respondents’ bond; booking the

shipment with a third party entity

without informing Complainant;

accepting Complainant’s check, while

failing to pay the third party entity, thus

delaying delivery and causing the third

party to refuse to release Complainant’s

cargo until Complainant paid it ocean

freight and one month’s demurrage.

This proceeding has been assigned to

the office of Administrative Law Judges.

Hearing in this matter, if any is held,

shall commence within the time

limitations prescribed in 46 CFR 502.61,

and only after consideration has been

given by the parties and the presiding

officer to the use of alternative forms of

dispute resolution. The hearing shall

include oral testimony and crossexamination in the discretion of the

presiding officer only upon proper

showing that there are genuine issues of

material fact that cannot be resolved on

the basis of sworn statements, affidavits,

depositions, or other documents or that

the nature of the matter in issue is such

that an oral hearing and crossexamination are necessary for the

development of an adequate record.

Pursuant to the further terms of 46 CFR

502.61, the initial decision of the

presiding officer in this proceeding shall

be issued by November 10, 1998, and

the final decision of the Commission

shall be issued by March 10, 1999.

Joseph C. Polking,

Secretary.

[FR Doc. 97–30102 Filed 11–14–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL MARITIME COMMISSION

[Docket No. 97–20]

Shipco Transport, Inc. v. Mr. Syed N.

Shirazi a/k/a Mr. Bobby Shaida and

American Packers & Shippers, Inc. and

Homebound International Shipping,

Inc.; Notice of Filing of Complaint and

Assignment

Notice is given that a complaint filed

by Shipco Transport, Inc.,

(‘‘Complainant’’) against Mr. Syed N.

Shirazi aka MR. Bobby Shaida and

American Packers & Shippers, Inc. and

Homebound International Shipping, Inc.

(‘‘Respondents’’) was served November

10, 1997. Complainant alleges that

Respondents have violated sections 8(a),

10(a)(1), 19(a) and (d)(1), and 23(a) of

the Shipping Act of 1984, 46 U.S.C. app.

Sections 1707(a), 1709(a)(1), 1718(a) and

(d)(1), and 1721(a), by contracting for

Complainant to provide ocean transport

on three ships from Los Angeles to

destinations in the United Kingdom and

Germany; issuing checks in payments

for the transport that were returned for

insufficient funds, in order to

fraudulently secure the release of cargo

and cause Complainant to lose its lien;

failing to remit ocean freight and

charges due despite repeated demands

for payment; acting as a non-vessel

operating common carrier without a

tariff or bond; and acting as a freight

forwarder without a Federal Maritime

Commission license or bond.

This proceeding has been assigned to

the office of Administrative Law Judges.

Hearing in this matter, if any is held,

shall commence within the time

limitations prescribed in 46 CFR 502.61,

and only after consideration has been

given by the parties and the presiding

officer to the use of alternative forms of

dispute resolution. The hearing shall

include oral testimony and crossexamination in the discretion of the

presiding officer only upon proper

showing that there are genuine issues of

material fact that cannot be resolved on

the basis of sworn statements, affidavits,

depositions, or other documents or that

the nature of the matter in issue is such

that an oral hearing and crossexamination are necessary for the

development of an adequate record.

Pursuant to the further terms of 46 CFR

502.61, the initial decision of the

presiding officer in this proceeding shall

be issued by November 10, 1998, and

the final decision of the Commission

shall be issued by March 10, 1999.

Joseph C. Polking,

Secretary.

[FR Doc. 97–30101 Filed 11–14–97; 8:45 am]

BILLING CODE 6730–01–M