63298 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Proposed Rules

applicability provision, regardless of whether

it has been otherwise modified, altered, or

repaired in the area subject to the

requirements of this AD. For airplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (b)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if the unsafe

condition has not been eliminated, the

request should include specific proposed

actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent asymmetric engine thrust on

the airplane when the autothrottle is

engaged, which could result in roll and yaw

disturbances, and consequent reduced

controllability of the airplane, accomplish

the following:

(a) Within 18 months or 3,500 flight hours

after the effective date of this AD, whichever

occurs first, accomplish paragraph (a)(1) or

(a)(2) of this AD, as applicable.

(1) For Model A300, A300–600, and A310

series airplanes: Replace the four bearings

located on both throttle control levers with

new sealed bearings, in accordance with

Airbus Service Bulletin A300–76–0018,

dated October 12, 1995, as revised by Airbus

Service Bulletin Change Notice O.A., dated

February 18, 1997 (for Model A300 series

airplanes); Airbus Service Bulletin A300–76–

6010, dated October 12, 1995, as revised by

Airbus Service Bulletin Change Notice O.A,

dated February 18, 1997 (for Model A300–

600 series airplanes); or Airbus Service

Bulletin A310–76–2013, dated October 12,

1995, as revised by Airbus Service Bulletin

Change Notice O.A., dated February 18, 1997;

as applicable.

(2) For Model A310 and A300–600 series

airplanes equipped with full authority digital

engine control (FADEC): Replace the two

throttle support assemblies equipped with

rollers with new throttle support assemblies

equipped with bearings, in accordance with

Airbus Service Bulletin A310–76–2014,

Revision 2, dated January 6, 1997 (for Model

A310 series airplanes); or Airbus Service

Bulletin A300–76–6011, Revision 2, dated

January 6, 1997 (for Model A300–600 series

airplanes); as applicable.

Note 2: Replacements accomplished prior

to the effective date of this AD in accordance

with Airbus Service Bulletin A310–76–2014,

Revision 1, dated March 25, 1996; or Airbus

Service Bulletin A300–76–6011, Revision 1,

dated March 25, 1996; are considered

acceptable for compliance with the

applicable action specified in paragraph

(a)(2) of this AD.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Note 4: The subject of this AD is addressed

in French airworthiness directive 96–270–

209 (B), dated November 20, 1996.

Issued in Renton, Washington, on

November 20, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31158 Filed 11–26–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

31 CFR Part 103

RIN 1506–AA12

Financial Crimes Enforcement

Network; Bank Secrecy Act

Regulations; Exemptions From the

Requirement to Report Transactions in

Currency—Phase II; Extension of

Comment Period; Request for

Comments

AGENCY: Financial Crimes Enforcement

Network, Treasury.

ACTION: Proposed regulations; extension

of comment period; request for

additional comments.

SUMMARY: The Financial Crimes

Enforcement Network (‘‘FinCEN’’) is

extending the comment period for the

proposed Bank Secrecy Act regulations

relating to exemptions from the

requirement to report transactions in

currency, published on September 8,

1997. FinCEN is also soliciting

comments regarding additional

alternatives to the proposed requirement

to estimate, and to file annual reports of,

the aggregate currency deposits and

withdrawals of certain customers, and

regarding certain other matters.

DATES: Written comments on all aspects

of the proposed rule are welcome and

must be received on or before January

16, 1998.

ADDRESSES: Written comments should

be submitted to: Office of Legal Counsel,

Financial Crimes Enforcement Network,

Department of the Treasury, 2070 Chain

Bridge Road, Vienna, VA 22182,

Attention: NPRM—CTR Exemptions,

Phase II. Comments may also be

submitted by electronic mail to the

following Internet address:

‘‘regcomments@fincen.treas.gov’’ with

the caption in the body of the text,

‘‘Attention: NPRM—CTR Exemptions,

Phase II.’’ For additional instructions on

the submission of comments, see

Supplementary Information under the

heading ‘‘Submission of Comments’’ in

the notice of proposed rulemaking on

this topic.

FOR FURTHER INFORMATION CONTACT:

Peter Djinis, Associate Director (703)

905–3819, and Charles Klingman,

Financial Institutions Policy Specialist,

Office of Program Development FinCEN,

(703) 905–3602; Stephen R. Kroll, Legal

Counsel (703) 905–3534, Cynthia L.

Clark, Acting Senior Counsel for

Regulatory Affairs, (703) 905–3758, and

Albert R. Zarate, Attorney-Advisor,

Office of Legal Counsel, FinCEN, (703)

905–3807.

SUPPLEMENTARY INFORMATION: On

September 8, 1997, FinCEN issued

proposed regulations (62 FR 47156) to

reform and simplify the process by

which banks may exempt transactions

of retail and other businesses from the

requirement to report transactions in

currency in excess of $10,000. As part

of the simplified exemption system, the

proposed regulations introduced two

new classes of exempt persons: ‘‘nonlisted businesses’’ and ‘‘payroll

customers.’’ To prevent abuse of the

new system, however, the proposed

regulations would require a bank

initially to estimate and then to report

annually the aggregate currency

deposits and withdrawals of any nonlisted business or payroll customer that

the bank exempted. In the proposal,

FinCEN solicited comments on a

number of matters, including alternative

ways to counter potential abuse of the

proposed system.

FinCEN announced (62 FR 58909,

October 31, 1997) that it would hold an
Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Proposed Rules 63299

1Under the proposed rule, non-listed businesses

are businesses, otherwise eligible for exemption,

whose stock is not listed on the nation’s major

securities exchanges. Payroll customers are

businesses, otherwise eligible for exemption, that

require cash withdrawals for payroll purposes.

open working meeting on November 7,

1997, in Washington, D.C. to discuss the

proposed regulations. At the meeting a

number of commenters expressed their

views and concerns concerning a

number of matters, including most

importantly the requirement in the

proposed rule that banks estimate when

granting an exemption, and file annual

reports of, aggregate currency deposits

and withdrawals by non-listed

businesses and payroll customers. The

decision to extend the comment period,

and the request for additional comments

contained in this document, result from

that meeting.

Annual Reporting of Aggregate

Currency Transactions

In light of the comments made at the

meeting, FinCEN does not believe that

additional comments concerning the

proposed estimation and aggregate

currency reporting provision are

necessary to complete the

administrative record. Thus persons

who attended the meeting, and other

commenters, need not, if they do not

wish to, file written comments regarding

these provisions.

The comments made at the open

meeting did indicate, however, that it is

important that alternatives to annual

aggregate currency reporting be brought

forward by interested parties. The

preamble to the proposed rule

specifically sought comment on several

such possible alternatives. FinCEN is

considering an additional alternative

about which it would like to receive

specific comments.

The proposed alternative has two

elements.

1. The initial designation of a nonlisted business or payroll customer as an

‘‘exempt person’’ under the rule would

include a specific statement by the bank

of the manner in which it applies its

‘‘know-your-customer’’ standards to the

tracking of currency deposits of

commercial businesses. (The necessary

statements could be made once for all

exempt persons designated by a bank, as

reflective of general bank policies.)

2. The annual renewal of the status of

a non-listed or payroll customer as an

exempt person would include a

certification by the bank. The bank

would certify that during the preceding

year there was no transaction involving

any accounts of the person at the bank

that would have required the bank to

file a suspicious transaction report with

respect to that person under 31 CFR

103.21 (that is, no transaction had

occurred with respect to the account

that the bank knew, suspected, or had

reason to suspect was described in 31

CFR 103.21(a)(2)(i), (ii), or (iii).1

FinCEN specifically invites comment

on this alternative and on ways to allow

such an alternative to operate with clear

lines and without uncertainty or

unnecessary burdens. It also again

invites suggestion of any other

alternatives to the proposed requirement

that a bank initially estimate and

subsequently report annually the

aggregate currency deposits and

withdrawals of a non-listed business or

payroll customer that the bank wishes to

exempt.

Uniform Treatment of Accounts of

Exempt Persons

FinCEN understands from comments

at the November 7 meeting that banks

are concerned about the use of the

words ‘‘shall’’ in proposed 31 CFR

103.22(d)(5)(v) and ‘‘may’’ in proposed

31 CFR 103.22(d)(5)(vi). As stated in the

notice of proposed rulemaking, the

intent of the proposed rule is to reform

and simplify the process by which

banks may exempt transactions from the

reporting requirements. FinCEN

believes that relief would be better

provided by making both provisions

optional rather than mandatory, so that

institutions may, but need not, treat all

accounts of a person at a single

institution as exempt. FinCEN would

appreciate comments on whether such a

change would improve the operation of

the proposed rule.

Commingling

Other comments at the November 7

meeting indicated that banks were not

exempting certain publicly traded

businesses, such as grocery stores,

under the first phase of exemptive relief,

31 CFR 103.22(h), because of the

uncertainty about the treatment of

currency deposits that commingle

receipts from the sale of groceries with

receipts from the sale of money services

products such as money orders or

money transmissions. FinCEN

specifically solicited comments on this

matter in the proposed rule, as it relates

not only to the treatment of non-listed

companies but also listed companies.

The extent to which segregation of

funds is required in circumstances such

as these is still under consideration, and

FinCEN repeats here the request, made

in the notice of proposed rulemaking,

for comments on that issue. Any rule

requiring a grocery store or similar

entity that qualifies as a listed entity

under 31 CFR 103.22(h)(2)(iii), (iv), or

(v) to segregate money from the sale of

money services products in order to

secure treatment as an ‘‘exempt person’’

for any deposit, will not become

effective until the effective date of the

proposed regulations, when issued in

final form.

Dated: November 24, 1997.

Stephen R. Kroll,

Federal Register Liaison Officer, Financial

Crimes Enforcement Network.

[FR Doc. 97–31299 Filed 11–26–97; 8:45 am]

BILLING CODE 4820–03–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 799

[OPPTS–42187K; FRL–5759–2]

RIN 2070–AC76

Proposed Test Rule for Hazardous Air

Pollutants; Extension of Comment

Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

comment period.

SUMMARY: EPA is extending the public

comment period from December 1, 1997

to January 9, 1998, on the proposed rule

published in the Federal Register of

June 26, 1996 (61 FR 33178)(FRL–4869–

1) requiring the testing of 21 hazardous

air pollutants (HAPs) for certain health

effects. This extension is needed to

allow the Agency more time to amend

the HAPs test rule proposal.

DATES: Written comments on the

proposed rule must be received by EPA

on or before January 9, 1998.

ADDRESSES: Submit three copies of

written comments on the proposed

HAPs test rule, identified by docket

control number (OPPTS–42187A; FRL–

4869–1) to: Environmental Protection

Agency, Office of Pollution Prevention

and Toxics (OPPT), Document Control

Office (7407), Rm. G–099, 401 M St.,

SW., Washington, DC 20460.

Comments and data may also be

submitted electronically to

oppt.ncic@epamail.epa.gov. Follow the

instructions under Unit II. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

FOR FURTHER INFORMATION CONTACT: For

general information, Susan B. Hazen,

Director, Environmental Assistance

Division (7408), Rm. ET–543B, Office of

Pollution Prevention and Toxics,