64720 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

24 5 U.S.C. 601–612.

25See Order No. 889, FERC Stats. & Regs. at

31,628. 26OMB Control No. 1902–0173.

CCEM makes much of the so-called

‘‘uneven playing field’’ that it allegedly

will endure without the masking

provision, we find this concern to be

unfounded. The Order No. 889 version

of §§ 37.6(e)(1)(iii) and 37.6(e)(3)(I)

treated all market participants making a

request for transmission service (or

whose transactions were curtailed or

interrupted) equally, by allowing parties

to such transactions to mask their

identities for thirty days, upon request.

The current (Order No. 889-A) version

treats all market participants making a

request for transmission service (or

whose transactions are curtailed or

interrupted) equally, by requiring the

identity of parties to such transactions

to be posted. Although the Commission

has revised its policy on masking, all

market participants making a request for

transmission service, whether affiliated

or non-affiliated with the Transmission

Provider are treated equally in both

instances. Thus, under the revised rule,

the playing field is just as level as

before.

Moreover, we are not persuaded that

eliminating the masking provision will

have the dire anticompetitive

consequences that CCEM predicts. To

the contrary, we continue to believe that

fuller disclosure of customer and

transaction information is necessary to

implement the discounting provisions

added by Order Nos. 888–A and 889–A

and to ensure that customers (actual or

potential) are able to detect any affiliate

abuse or undue discrimination.

If actual experience proves different,

CCEM or other interested persons may

bring these facts to our attention and we

will consider taking appropriate

remedial action.

V. Regulatory Flexibility Act

Certification

The Regulatory Flexibility Act

(RFA) 24 requires any proposed or final

rule issued by the Commission to

contain a description and analysis of the

impact that the proposed or final rule

would have on small entities or to

contain a certification that the rule, if

promulgated, will not have a significant

economic impact on a substantial

number of small entities. Order No. 889

contained a certification under section

605(b) of the RFA that the OASIS Final

Rule would not impose a significant

economic impact on a substantial

number of small entities within the

meaning of the RFA.25

Given that Order No. 889–A made

only minor revisions to Order No. 889,

none of which was substantive, that this

order makes no revisions to Order No.

889–A, and that we are granting waivers

from the requirements of the OASIS

Final Rule to small entities where

appropriate, we reaffirm our earlier

certification in Order Nos. 889 and 889–

A that the requirements in 18 CFR Part

37, to establish and participate in an

OASIS and to comply with the

Standards of Conduct, will not have a

significant economic impact on a

substantial number of small entities and

that no regulatory flexibility analysis is

required pursuant to section 603 of the

RFA.

VI. Environmental Statement

As explained in Order Nos. 888–A

and 889–A, Order Nos. 888 and 889

were the joint subjects of the Final

Environmental Impact Statement issued

in the Open Access NOPR proceeding in

Docket Nos. RM95–8–000 and RM94–7–

001 on April 12, 1996. Given that this

order makes no revisions to Order No.

889–A, no separate environmental

assessment or environmental impact

statement has been prepared in this

proceeding.

VII. Information Collection Statement

As explained in Order Nos. 889–A,

Order No. 889 contained an information

collection statement for which the

Commission obtained approval from the

Office of Management and Budget

(OMB).26 Given that Order No. 889–A

made only minor revisions to Order No.

889, none of which was substantive, and

given that this order makes no revisions

to Order No. 889–A, OMB approval for

this order will not be necessary.

However, the Commission will send a

copy of this order to OMB, for

informational purposes only.

The information reporting

requirements under this order are

unchanged from those contained in

Order No. 889–A. Interested persons

may obtain information on the reporting

requirements by contacting the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426 [Attention Michael Miller,

Information Services Division, (202)

208–1415], and the Office of

Management and Budget [Attention:

Desk Officer for the Federal Energy

Regulatory Commission (202) 395–

3087].

The Commission Orders

As discussed in the body of this order,

the requests for rehearing are hereby

denied.

By the Commission.

Lois D. Cashell,

Secretary.

[FR Doc. 97–31856 Filed 12–8–97; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 500

Foreign Assets Control Regulations:

Reporting of Claims of U.S. Nationals

Against the Government of North

Korea

AGENCY: Office of Foreign Assets

Control

ACTION: Final rule; amendment.

SUMMARY: The Office of Foreign Assets

Control is amending the Foreign Assets

Control Regulations to require the

reporting, no later than March 9, 1998,

of all outstanding claims held by U.S.

nationals against the Government of

North Korea or any North Korean

government entity. The reports are

needed to obtain information, on a one–

time basis, for planning and

administrative purposes in

contemplation of future claims

settlement negotiations. The control

number assigned by the Office of

Management and Budget to this

information collection requirement is

also included.

EFFECTIVE DATE: December 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Loren L. Dohm, Chief, Blocked Assets

Division, tel.: 202/622–2440, or William

B. Hoffman, Chief Counsel, tel.: 202/

622–2410, Office of Foreign Assets

Control, Department of the Treasury,

Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem, dial 202/

512–1387 and type ‘‘/GO FAC,’’ or call

202/512–1530 for disk or paper copies.

This file is available for downloading

without charge in WordPerfect 5.1,

ASCII, and Adobe AcrobatTM readable

(*.PDF) formats. For Internet access, the

address for use with the World Wide

Web (Home Page), Telnet, or FTP

protocol is: fedbbs.access.gpo.gov. The

document can also be downloaded in

ASCII format without charge from

Treasury’s Electronic Library (‘‘TEL’’) in

the ‘‘Business, Trade and Labor Mall’’ of

the FedWorld bulletin board. By

modem, dial 703/321–3339, and select
Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64721

the appropriate self–expanding file in

TEL. For Internet access, use one of the

following protocols: Telnet =

fedworld.gov (192.239.93.3); World

Wide Web (Home Page) = http://

www.fedworld.gov; FTP =

ftp.fedworld.gov (192.239.92.205).

Additional information concerning the

programs of the Office of Foreign Assets

Control (‘‘OFAC’’) is available for

downloading from the Office’s Internet

Home Page: http://www.ustreas.gov/

treasury/services/fac/fac.html, or in fax

form through OFAC’s 24–hour fax–on–

demand service: call 202/622–0077

using a fax machine, fax modem, or

(within the United States) touch–tone

telephone.

Background

The Foreign Assets Control

Regulations, 31 CFR part 500 (the

‘‘Regulations’’), are being amended to

establish a mandatory, one–time census

with respect to all outstanding claims of

U.S. nationals against the Government

of North Korea or any North Korean

government entity.

Section 500.602 is added to the

Regulations to require all U.S. nationals

having such claims to report the claims

by letter, including the information

required by paragraph (f) of that section,

by March 9, 1998. The definition of the

term ‘‘U.S. national’’ is contained in

§ 500.602(g). Observance of the filing

deadline is extremely important. The

reports are needed to obtain

information, on a one–time basis, for

planning and administrative purposes

in contemplation of future claims

settlement negotiations.

For naturalized U.S. citizens, only

claims arising after becoming a U.S.

citizen should be reported. Similarly, an

entity must have been organized under

the laws of a U.S. jurisdiction at the

time of loss to have a reportable claim.

The submission of a report of a claim

against the Government of North Korea

or a North Korean government entity

does not constitute the filing with the

United States Government of a formal

claim for compensation. No formal

claims adjudication program currently

exists. However, failure to file a

complete report with respect to claims

in a timely fashion would constitute not

only a failure to comply with the

Regulations, but would also prevent the

inclusion of the information in U.S.

Government planning and may therefore

be prejudicial to the interests of the

claimant and other U.S. claimants.

Espousal of claims of U.S. nationals

against a foreign government is within

the discretion of the United States

Government.

Because the Regulations involve a

foreign affairs function, Executive Order

12866 and the provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, opportunity for public

participation, and delay in effective

date, are inapplicable. Because no

notice of proposed rulemaking is

required for this rule, the Regulatory

Flexibility Act (5 U.S.C. 601–612) does

not apply.

Paperwork Reduction Act

This final rule is being issued without

prior notice and public procedure

pursuant to the Administrative

Procedure Act. Pursuant to the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507), the collection of

information contained in this final rule

has been submitted to and approved by

the Office of Management and Budget

(‘‘OMB’’) pending public comment, and

has been assigned control number 1505–

0160. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid control number.

The collection of information in the

Regulations is contained in new

§ 500.602 of the Regulations. This

information is needed by the Office of

Foreign Assets Control and the U.S.

Department of State for planning and

administrative purposes in

contemplation of future claims

settlement negotiations. The likely

respondents and recordkeepers are

individuals and business organizations.

New § 500.602(e) provides that

‘‘[r]eports submitted pursuant to this

section are regarded as privileged and

confidential.’’ It is the policy of the

Office of Foreign Assets Control to

protect the confidentiality of

information in appropriate cases

pursuant to the exemptions from

disclosure provided under the Freedom

of Information Act (5 U.S.C. 552) and

the Privacy Act (5 U.S.C. 552a).

Estimated total one–time reporting

and/or recordkeeping burden: 100

hours.

The estimated one–time burden per

respondent/recordkeeper varies from 1

hour to 3 hours, depending on

individual circumstances, with an

estimated average of 2 hours.

Estimated number of respondents

and/or recordkeepers: 50.

Estimated frequency of responses: 1.

Comments are invited on: (a) whether

this collection of information is

necessary for the proper performance of

the functions of the agency, including

whether the information has practical

utility; (b) the accuracy of the agency’s

estimate of the burden of the collection

of information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; (d) ways to

minimize the burden of the collection of

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology; and (e) estimated capital or

start-up costs and costs of operation,

maintenance, and purchase of services

to provide information.

Comments concerning the above

information, the accuracy of estimated

average burden, and suggestions for

reducing this burden should be directed

to the Office of Management and

Budget, Paperwork Reduction Project,

control number 1505–0160,

Washington, DC 20503, with a copy to

the Office of Foreign Assets Control,

U.S. Department of the Treasury, 1500

Pennsylvania Ave., NW—Annex,

Washington, DC 20220. Any such

comments should be submitted not later

than February 9, 1998. Comments on

aspects of the Regulations other than

those involving collections of

information should not be sent to the

OMB.

List of Subjects in 31 CFR Part 500

Administrative practice and

procedure, Banks, banking, Blocking of

assets, Cambodia, Exports, Fines and

penalties, Finance, Foreign claims,

Foreign investment in the United States,

Foreign trade, Imports, Information and

informational materials, International

organizations, North Korea, Reporting

and recordkeeping requirements,

Securities, Services, Specially

designated nationals, Travel restrictions,

Trusts and estates, Vietnam.

For the reasons set forth in the

preamble, 31 CFR part 500 is amended

as follows:

PART 500—FOREIGN ASSETS

CONTROL REGULATIONS

1. The authority citation for part 500

continues to read as follows:

Authority: 18 U.S.C. 2332d; 31 U.S.C.

321(b); 50 U.S.C. App. 1–44; Pub. L. 101–410,

104 Stat. 890 (28 U.S.C. 2461 note); E.O.

9193, 7 FR 5205, 3 CFR, 1938–1943 Comp.,

p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943–

1948 Comp., p.748.

Subpart F—Reports

2. Section 500.602 is added to Subpart

F to read as follows:

§ 500.602 Reporting of claims of U.S.

nationals against North Korea.

(a) Requirement for reports. Reports

are required to be filed on or before

March 9, 1998, in the manner prescribed

in this section, with respect to all
64722 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

outstanding claims held by United

States nationals against the Government

of North Korea or any North Korean

government entity.

(b) Who must report. A report must be

submitted by each U.S. national having

a claim outstanding against the

Government of North Korea or any

North Korean government entity.

Reports should be submitted only by

persons who were U.S. citizens or

entities organized under the laws of a

U.S. jurisdiction on the date of the loss.

(c) How to register. U.S. nationals

filing reports of claims must submit a

letter containing the information

required by paragraph (f) of this section.

The letter must be sent to the Blocked

Assets Division, Office of Foreign Assets

Control, Department of the Treasury,

1500 Pennsylvania Ave., NW—Annex,

Washington, DC 20220, to arrive by

March 9, 1998. A copy of the

submission should be kept by the

claimant.

(d) Certification. Every report shall

bear the signature of the claimant or a

person authorized by the claimant to

sign the report. The signature will

certify that, to the best of the reporter’s

knowledge, the statements set forth in

the report, including any papers

attached to or filed with the report, are

true and accurate, and that all material

facts in connection with the report have

been set forth.

(e) Confidentiality of reports. Reports

submitted pursuant to this section are

regarded as privileged and confidential.

(f) Contents of report. The report must

contain the following information (with

responses numbered to correspond with

the numbers used below):

(1) Identification of claimant.

(i) Claimant’s Legal Name.

(ii) Claimant’s Address.

(iii) Telephone number of individual

to contact regarding the report.

(iv) If claimant is a naturalized citizen

of the United States, state the place and

date of naturalization.

(v) If claimant is a corporation or

business, state the place of

incorporation and principal place of

business.

(2) Information concerning claim.

(i) Amount of loss in U.S. dollars

(indicate exchange or interest rates and

relevant dates utilized for any currency

translation or interest calculation).

(ii) Describe the circumstances of the

loss. Include the date of the loss and a

description of the property, business,

obligation, injury or other damage

which is the subject of the claim.

(g) Definition of United States

national. For purposes of this section,

the term United States national or U.S.

national means:

(1) An individual who is a citizen of

the United States;

(2) An individual who, though not a

citizen of the United States, owes

permanent allegiance to the United

States, and is not an alien; or

(3) A partnership, corporation, or

other juridical entity organized under

the laws of the United States or any

jurisdiction within the United States.

(h) Definition of the Government of

North Korea; North Korean government

entity. For purposes of this section:

(1) The term Government of North

Korea means the government of the

territory of Korea north of the 38th

parallel of north latitude, as well as any

political subdivision, agency, or

instrumentality thereof, or any territory,

dependency, colony, protectorate,

mandate, dominion, possession, or

place subject to the jurisdiction thereof

as of the ‘‘effective date.’’

(2) The term North Korean

government entity means any

corporation, partnership, or association,

or other organization, wherever

organized or doing business, that is

owned or controlled by the Government

of North Korea.

Subpart I—Miscellaneous Provisions

3. Section 500.901 is amended by

adding a sentence to the end thereof to

read as follows:

§ 500.901 Paperwork Reduction Act notice.

* * * The information collection

requirement in § 500.602 has been

approved by the Office of Management

and Budget and assigned control

number 1505–0160.

Dated: November 10, 1997.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: November 19, 1997.

James E. Johnson,

Assistant Secretary (Enforcement),

Department of the Treasury.

[FR Doc. 97–32094 Filed 12-3-97; 3:54 pm]

BILLING CODE 4810–25–F

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AI60

Guidelines for Furnishing Sensorineural Aids (e.g., Eyeglasses, Contact

Lenses, Hearing Aids)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document affirms the

Department of Veterans Affairs (VA)

medical regulations concerning when

VA will furnish veterans with sensorineural aids (e.g., eyeglasses, contact

lenses, hearing aids), which implement

a requirement imposed in the Veteran’s

Health Care Eligibility Reform Act of

1996, Public Law 104–262.

DATES: Effective Date: This final rule is

effective December 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Frederick Downs, Jr., Chief Consultant,

Prosthetics and Sensory Aids Service

Strategic Healthcare Group (113),

Department of Veterans Affairs, 810

Vermont Avenue, NW, Washington, DC

20420, telephone (202) 273–8515.

SUPPLEMENTARY INFORMATION: On June 3,

1997, VA published in the Federal

Register an interim final rule with

request for comments (62 FR 30240).

This added a new section (17.149, 38

CFR part 17). A 60-day comment period

ended August 4, 1997, and one

comment was received. However, that

comment dealt with resources rather

than substantive content of the interim

final rule.

Based on the rationale set forth in the

interim final rule document, we are

adopting the provisions of the interim

final rule as a final rule without change.

This final rule also affirms the

information in the interim final rule

document concerning the Regulatory

Flexibility Act.

Approved: December 1, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

[FR Doc. 97–32106 Filed 12–8–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA042–4065; FRL–5925–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania New Source Review and

Emissions Registry Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting limited

approval of a State Implementation Plan

(SIP) revision submitted by the

Commonwealth of Pennsylvania. This

revision requires major new and

modified sources of volatile organic

compounds (VOCs), nitrogen oxides

(NOX), particulate matter (PM),

particulate matter with an aerodynamic

diameter of less than 10 microns (PM–