Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations 67291

kilometers) of the seaward boundary of

any coastal State, the Regional Director,

in accordance with 30 CFR 252.7 (a)(4)

and (b) and subsections 8(g) and 26(e)

of the Act (43 U.S.C. 1337(g) and

1352(e)), will provide the Governor

with:

(i) All information on the

geographical, geological, and ecological

characteristics of the areas and regions

MMS proposes to offer for lease;

(ii) An estimate of the oil and gas

reserves in the areas proposed for

leasing; and

(iii) An identification of any field,

geological structure, or trap on the OCS

within 3 geographic miles (5.6

kilometers) of the seaward boundary of

the State.

(2) After receiving nominations for

leasing an area of the OCS within 3

geographic miles of the seaward

boundary of any coastal State, MMS will

carry out a tentative area identification

according to 30 CFR part 256, subparts

D and E. At that time, the Regional

Director will consult with the Governor

to determine whether any tracts further

considered for leasing may contain any

oil or gas reservoirs that underlie both

the OCS and lands subject to the

jurisdiction of the State.

(3) Before a sale, if a Governor

requests, the Regional Director, in

accordance with 30 CFR 252.7(a)(4) and

(b) and sections 8(g) and 26(e) of the Act

(43 U.S.C. 1337(g) and 1352(e)), will

share with the Governor information

that identifies potential and/or proven

common hydrocarbon bearing areas

within 3 geographic miles of the

seaward boundary of that State.

(4) Information received and

knowledge gained by a State official

under paragraph (d) of this section is

subject to applicable confidentiality

requirements of:

(i) The Act; and

(ii) The regulations at 30 CFR parts

250, 251, and 252.

§ 251.15 Authority for information

collection.

(a) The Office of Management and

Budget has approved the information

collection requirements in this part

under 44 U.S.C. 3501 et seq. and

assigned OMB control number 1010–

0048. The title of this information

collection is ‘‘30 CFR Part 251,

Geological and Geophysical (G&G)

Explorations of the OCS.’’

(b) We may not conduct or sponsor,

and you are not required to respond to,

a collection of information unless it

displays a currently valid OMB control

number.

(c) We use the information collected

under this part to:

(1) Evaluate permit applications and

monitor scientific research activities for

environmental and safety reasons.

(2) Determine that explorations do not

harm resources, result in pollution,

create hazardous or unsafe conditions,

or interfere with other users in the area.

(3) Approve reimbursement of certain

expenses.

(4) Monitor the progress and activities

carried out under an OCS G&G permit.

(5) Inspect and select G&G data and

information collected under an OCS

G&G permit.

(d) Respondents are Federal OCS

permittees and Notice filers. Responses

are mandatory or are required to obtain

or retain a benefit. We will protect

information considered proprietary

under applicable law and under

regulations at § 251.14 and part 250 of

this chapter.

(e) Send comments regarding any

aspect of the collection of information

under this part, including suggestions

for reducing the burden, to the

Information Collection Clearance

Officer, Minerals Management Service,

Mail Stop 4230, 1849 C Street, N.W.,

Washington, D.C. 20240; and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for the

Department of the Interior (1010–0048),

725 17th Street, N.W., Washington, D.C.

20503.

[FR Doc. 97–33530 Filed 12–23–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF DEFENSE

Defense Special Weapons Agency

32 CFR Part 318

[DSWA Instruction 5400.11B]

Defense Special Weapons Agency

Privacy Program

AGENCY: Defense Special Weapons

Agency, DOD.

ACTION: Final rule.

SUMMARY: The Defense Special Weapons

Agency (DSWA) is adding two sections

to its procedural rule for the DSWA

Privacy Program. The two sections are

entitled Disclosure of record to persons

other than the individual to whom it

pertains and Fees. The addition of these

two sections helps an individual to

better understand the DSWA Privacy

Program.

EFFECTIVE DATE: December 3, 1997.

ADDRESSES: General Counsel, Defense

Special Weapons Agency, 6801

Telegraph Road, Alexandria, VA 22310–

3398.

FOR FURTHER INFORMATION CONTACT: Mrs.

Sandy Barker at (703) 325–7681.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act. It has been

determined that this Privacy Act rule for

the Department of Defense does not

have significant economic impact on a

substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has been

determined that the Privacy Act rule for

the Department of Defense imposes no

information requirements beyond the

Department of Defense and that the

information collected within the

Department of Defense is necessary and

consistent with 5 U.S.C. 552a, known as

the Privacy Act of 1974.

The Defense Special Weapons Agency

is adopting the changes previously

published as a proposed rule on October

3, 1997, at 62 FR 51821. No comments

were received, therefore, the Defense

Special Weapons Agency is adopting

the rule as previously published.

List of Subjects in 32 CFR Part 318

Privacy.

Accordingly, the Defense Special

Weapons Agency amends 32 CFR part

318 as follows:

PART 318–DEFENSE SPECIAL

WEAPONS AGENCY PRIVACY

PROGRAM-[AMENDED]

1. The authority citation for 32 CFR

part 318 continues to read as follows:

AUTHORITY: Pub. L. 93–579, 88 Stat.

1896 (5 U.S.C. 552a).

2. Section 318.9 is redesignated as

318.11.

3. Sections 318.9 and 318.10 are

added as follows:
67292 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Rules and Regulations

§ 318.9 Disclosure of record to persons

other than the individual to whom it

pertains.

(a) General. No record contained in a

system of records maintained by DSWA

shall be disclosed by any means to any

person or agency within or outside the

Department of Defense without the

request or consent of the subject of the

record, except as described in 32 CFR

part 310.41, Appendix C to part 310,

and/or a Defense Special Weapons

Agency system of records notice.

(b) Accounting of disclosures. Except

for disclosures made to members of the

DoD in connection with their official

duties, and disclosures required by the

Freedom of Information Act, an

accounting will be kept of all

disclosures of records maintained in

DSWA system of records.

(1) Accounting entries will normally

be kept on a DSWA form, which will be

maintained in the record file jacket, or

in a document that is part of the record.

(2) Accounting entries will record the

date, nature and purpose of each

disclosure, and the name and address of

the person or agency to whom the

disclosure is made.

(3) Accounting records will be

maintained for at least 5 years after the

last disclosure, of for the life of the

record, whichever is longer.

(4) Subjects of DSWA records will be

given access to associated accounting

records upon request, except for those

disclosures made to law enforcement

activities when the law enforcement

activity has requested that the

disclosure not be made, and/or as

exempted under section 318.11 of this

part.

§ 318.10 Fees.

Individuals may request copies for

retention of any documents to which

they are granted access in DSWA

records pertaining to them. Requesters

will not be charged for the first copy of

any records provided; however,

duplicate copies will require a charge to

cover costs of reproduction. Such

charges will be computed in accordance

with DoD 5400.11–R.

Dated: December 18, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–33542 Filed 12-23-97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 194

[Docket No. PS–130; Amdt. 194–1]

RIN 2137–AD12

Pipeline Safety: Change in Response

Plan Review Cycle

AGENCY: Research and Special Program

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule changes

the reporting cycle for facility response

plan submissions to 5 years for

operators who are required to submit

facility response plans to RSPA.

Pipeline operators were previously

required to submit facility response

plans every 3 years.

OPS is undertaking this change to

improve safety by ensuring consistency

between OPS requirements and those of

the other federal agencies under the Oil

Pollution Act of 1990, and encouraging

the use of integrated plans, while easing

the burden on the regulated community.

The comments to the docket have fully

supported this change.

EFFECTIVE DATES: This direct final rule

takes effect February 23, 1998. If RSPA

does not receive adverse comment or

notice of intent to file an adverse

comment by January 23, 1998, the rule

will become effective on the date

specified. RSPA will issue a subsequent

notice in the Federal Register by

February 9, 1998 after the close of the

comment period to confirm that fact and

reiterate the effective date. If an adverse

comment or a notice of intent to file an

adverse comment is received, RSPA will

issue a timely notice in the Federal

Register to confirm that fact and RSPA

would withdraw direct final rule in

whole or in part. RSPA may then

incorporate the adverse comment into a

subsequent direct final rule or may

publish a notice of proposed

rulemaking.

ADDRESSES: Send comments in

duplicate to the Dockets Unit, room

8421, Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street,

S.W., Washington, DC 20590. Identify

the docket number stated in the heading

of this notice. All comments and

docketed material will be available for

inspection and copying in room 8419

between 8:30 a.m. and 5:00 p.m. each

business day.

FOR FURTHER INFORMATION CONTACT: Jim

Taylor, (202) 366–8860, or by e-mail

(jim.taylor@rspa.dot.gov), regarding the

subject matter of this Notice; or the

RSPA Dockets Unit, (202) 366–5046, for

copies of this final rule or other material

in the docket. General information about

OPS programs can be obtained by

accessing OPS’’ Internet home page at

ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

In recent years, several catastrophic

oil spills have damaged the marine

environment of the United States. These

spills have resulted in extensive

environmental impact, including the

loss of fish and wildlife. In response to

these catastrophic spills, Congress

passed the Oil Pollution Act of 1990, 33

U.S.C. 2701–2761 (OPA 90). OPA 90

amended section 1321(j) of the Federal

Water Pollution Control Act (FWPCA)

(33 U.S.C. 1251–1387), and established

a new national planning and response

system, including a requirement for the

development of facility response plans.

The FWPCA requires the President to

issue regulations that require the

operator of a tank vessel, an onshore

facility, and certain offshore facilities, to

prepare and submit to the President, a

plan for responding, to the maximum

extent practicable, to a worst case oil

discharge and to a substantial threat of

such a discharge. 33 U.S.C. 1321(j)(5).

The FWPCA also requires the President

to review and approve facility response

plans and periodic reviews of each plan.

33 U.S.C. 1321(j)(5)(D).

To be consistent with OPA 90 and

FWPCA plan submission requirements

of the Environmental Protection Agency

and U.S. Coast Guard, RSPA is revising

49 CFR § 194.121(b) to require a

response plan to be resubmitted every 5

years for review and approval. For

significant and substantial harm

facilities, the plan shall be resubmitted

5 years after the latest approval date by

RSPA. For substantial harm facilities,

operators must resubmit the plan to

RSPA 5 years after the date of initial

submission and every 5 years thereafter.

In the event there are no changes in

the plan, the operator must submit a

written certification to RSPA stating that

there are no changes to the plan

previously submitted to RSPA. Upon

receipt of the certification, RSPA will

review the existing plan and, for

significant and substantial harm

facilities, RSPA will re-approve the

plan. Substantial harm facility plans

will be reviewed only. Although the

current 3-year cycle for all plans is

ending, when this rule becomes

effective there will be no requirement to