7360 Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Rules and Regulations

(2) If the 60th day falls on a Saturday,

Sunday, or Federal holiday, the time

period will end at the close of the

business day next following the

weekend or holiday;

(3) The 60 day period will be tolled

from the time the OIG—

(i) Notifies the requestor that the costs

have reached or are likely to exceed the

triggering amount until the time when

the OIG receives written notice from the

requestor to continue processing the

request;

(ii) Requests additional information

from the requestor until the time the

OIG receives the requested information;

(iii) Notifies the requestor of the full

amount due until the time the OIG

receives payment of the full amount

owed; and

(iv) Notifies the requestor of the need

for expert advice until the time the OIG

receives the expert advice.

(d) After the OIG has notified the

requestor of the full amount owed and

the OIG has received full payment of

that amount, the OIG will issue the

advisory opinion and promptly mail it

to the requestor by regular first class

U.S. mail.

§ 1008.45 Rescission.

Any advice given by the OIG is

without prejudice to the right of the OIG

to reconsider the questions involved

and, where the public interest requires,

to rescind or revoke the action. Notice

of such rescission or revocation will be

given to the requestor so that the

individual or entity may discontinue the

course of action taken in accordance

with the OIG advisory opinion. The OIG

will not proceed against the requestor

with respect to any action taken in good

faith reliance upon the OIG advice

under this part, where all the relevant

facts were fully, completely and

accurately presented to the OIG, and

where such action was promptly

discontinued upon notification of

rescission or revocation of the OIG

approval.

§ 1008.47 Disclosure.

(a) Advisory opinions issued and

released in accordance with the

provisions set forth in this part will be

available to the public.

(b) Promptly after the issuance and

release of an advisory opinion to the

requestor, a copy of the advisory

opinion will be available for public

inspection between the hours of 10:00

a.m. and 3:00 p.m. on normal business

days at the headquarter offices of the

OIG and on the DHHS/OIG web site.

(c) Any pre-decisional document, or

part of such pre-decisional document,

that is prepared in the OIG, DoJ or any

other Department or agency of the

United States in connection with an

advisory opinion request under the

procedures set forth in this part will be

exempt from disclosure under 5 U.S.C.

552, and will not be made publicly

available.

(d) Documents submitted by the

requestor to the OIG in connection with

a request for an advisory opinion will be

available to the public to the extent

authorized by 5 U.S.C. 552, through

procedures set forth in 45 CFR part 5.

(e) Nothing in this section will limit

the OIG’s right, in its discretion, to issue

a press release or otherwise publicly

disclose the identity of the requesting

party or parties, and the nature of the

action taken by the OIG upon the

request.

Subpart F—Scope and Effect of OIG

Advisory Opinions

§ 1008.51 Exclusivity of OIG advisory

opinions.

The only method for obtaining a

binding advisory opinion regarding any

of the subject matters set forth in

§ 1008.5(a) is through the procedures

described in this part. No binding

advisory opinion, oral or written, has or

may be issued by the OIG regarding the

specific matters set forth in § 1008.5(a)

except through written opinions issued

in accordance with this part.

§ 1008.53 Affected parties.

An advisory opinion issued by the

OIG will have no application to any

individual or entity that does not join in

the request for the opinion. No

individual or entity other than the

requestor(s) may rely on an advisory

opinion.

§ 1008.55 Admissibility of evidence.

(a) The failure of a party to seek an

advisory opinion may not be introduced

into evidence to prove that the party

intended to violate the provisions of

sections 1128, 1128A or 1128B of the

Act.

(b) An advisory opinion not issued to

a person may not be introduced into

evidence to prove that person did not

intend to violate the provisions of

sections 1128, 1128A or 1128B of the

Act.

§ 1008.59 Range of the advisory opinion.

(a) An advisory opinion will state

only the OIG’s opinion regarding the

subject matter of the request. If the

arrangement for which an advisory

opinion is requested is subject to

approval or regulation by any other

agency, such advisory opinion will not

be taken to indicate the OIG’s views on

the legal or factual issues that may be

raised before that agency.

(b) An advisory opinion issued under

this part will not bind or obligate any

agency other than the Department. It

will not affect the requestor’s, or anyone

else’s, obligations to any other agency,

or under any statutory or regulatory

provision other than that which is the

specific subject matter of the advisory

opinion.

Dated: December 26, 1996.

June Gibbs Brown,

Inspector General, Department of Health and

Human Services.

Approved: January 28, 1997.

Donna E. Shalala,

Secretary.

[FR Doc. 97–4086 Filed 2–18–97; 8:45 am]

BILLING CODE 4150–04–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 199

[CGD 84–069]

RIN 2115–AB72

Lifesaving Equipment

AGENCY: Coast Guard, DOT.

ACTION: Interim rule, partial suspension;

request for comments.

SUMMARY: On May 20, 1996 the Coast

Guard published an interim rule

revising the lifesaving equipment

regulations for U.S. inspected vessels.

The interim rule included provisions for

vessels not on international routes to

comply with certain new requirements

by October 1, 1997 and October 1, 2001.

The Coast Guard has received comments

concerning the regulatory analysis for

the interim rule which may lead to

changes to the lifesaving requirements

in the final rule. To prevent any

economic expenditures based on the

interim rule which might not be

necessary under the final rule, the Coast

Guard is suspending the

implementation requirements for certain

provisions in the interim rule. The Coast

Guard requests comments on the

economic impacts of the lifesaving

requirements covered by the partial

suspension.

DATES: The suspension of § 199.10(i)(1)

(i), (ii) and (iii) is effective February 19,

1997. Comments must be received on or

before April 21, 1997.

ADDRESSES: Mail comments to the

Executive Secretary, Marine Safety

Council (G–LRA) [CGD 84–069], U.S.

Coast Guard Headquarters, 2100 Second
Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Rules and Regulations 7361

Street SW., Washington, DC 20593–0001

or deliver them to room 3406 at the

same address between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

if (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert Markle, Chief, Lifesaving and

Fire Safety Standards Division (G–MSE–

4), U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, telephone (202) 267–1444,

fax (202) 267–1069, E-mail

‘‘rmarkle@comdt.uscg.mil.’’ Normal

office hours are between 8 a.m. and 5

p.m.

SUPPLEMENTARY INFORMATION:

Regulatory History

The regulatory history for this

rulemaking is set out in the preamble of

the interim rule entitled Lifesaving

Equipment (61 FR 25272; May 20,

1996).

Reason for Partial Suspension

After publication of the interim rule,

the Coast Guard received comments,

particularly from the passenger vessel

industry, expressing concerns about the

new lifesaving requirements for vessels

not on international voyages. Passenger

vessel industry comments stated that

requirements to carry additional

lifesaving equipment could not be

justified in view of the excellent safety

record of these vessels. The comments

also questioned the validity of the

regulatory analysis supporting these

requirements.

The Coast Guard understands that

owners of some vessels affected by the

new lifesaving requirements may be

planning purchases of equipment or

changes in manning to meet the October

1, 1997, implementation date and may

even be planning modifications to meet

the October 1, 2001, implementation

date. The review of comments and

reassessment of the regulatory

evaluation will probably justify some

changes in the final rule. To prevent any

economic expenditures in reliance on

the interim rule which may prove

unnecessary upon publication of the

final rule, the Coast Guard is

suspending the implementation

provisions in §§ 199.10(i)(1) (i) through

(iii) until issuance of the final rule.

Since the suspended provisions apply

only to requirements which were new at

the interim rule stage, this partial

suspension will effectively leave

existing vessels operating in accordance

with their existing Certificate of

Inspections until the final rule and its

implementation schedule are published.

The Coast Guard also received

comments questioning the application

of lifesaving requirements to passenger

vessels built after October 1, 1996. The

Coast Guard is also reassessing

lifesaving requirements for these new

vessels which will be operated on other

than international voyages. If you are

presently building a new vessel or

considering lifesaving equipment

requirements for new construction, you

are encouraged to contact your local

Officer in Charge of Marine Inspection

for an appropriate exemption under 46

CFR 199.20(d). You are also encouraged

to comment on the application of

lifesaving equipment requirements to

newly constructed vessels operating on

other than international voyages. The

Coast Guard will consider all comments

received during the comment period. It

may change 46 CFR 199.10 based on the

comments.

Small Business Compliance Guidance

In accordance with § 213(a) of the

Small Business Regulatory Enforcement

Fairness Act of 1996, the Coast Guard

wants to provide small entities with

assistance in understanding this rule so

they can better evaluate its effects on

them and participate in the rulemaking

process.

If you are a small business affected by

this rule and have questions concerning

its provisions or options for compliance,

please contact your local Officer in

Charge, Marine Inspection, for

assistance.

Request for Comments

The Coast Guard encourages

interested persons to submit specific

comments limited to the requirements

in 46 CFR 199.10 as they apply to new

and existing passenger vessels on other

than international voyages. Persons

submitting comments should include

their names and addresses, identify this

rulemaking [CGD 84–069] and the

specific section of the interim rule to

which each comment applies, and give

the reason for each comment. Please

submit two copies of all comments and

attachments in an unbound format, no

larger than 81⁄2 by 11 inches, suitable for

copying and electronic filing. Persons

wanting acknowledgment of receipt of

comments should enclose stamped, selfaddressed postcards or envelopes. The

Coast Guard plans no additional public

meetings.

Regulatory Process Considerations

Although the interim rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866,

due to its nature, it was reviewed by the

Office of Management and Budget

(OMB) under that order. This action will

not have a significant economic impact

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) and 1996

amendments (enacted as Chapter 8 of

Title 5, U.S.C.). This interim rule will

have no effect on the environment and

it is categorically excluded from further

environmental documentation in

accordance with section 2.B.2.34(e) of

the NEPA Implementing Procedures,

COMDTINST M16475.1B. If you are a

small business affected by the interim

rule or this partial suspension, you are

encouraged to submit comments to the

docket concerning the economic impact

of these actions. The final rule will

address any economic impacts,

including impacts on small businesses,

if any.

List of Subjects in 46 CFR Part 199

Cargo vessels, Incorporation by

reference, Marine safety, Oil and gas

exploration, Passenger vessels,

Reporting and recordkeeping

requirements, Vessels.

For the reasons set out in the

preamble, the Coast Guard is amending

46 CFR part 199 as follows:

PART 199—LIFESAVING SYSTEMS

FOR CERTAIN INSPECTED VESSELS

1. The authority citation for part 199

continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 46 CFR

1.46.

§ 199.10 [Amended]

2. In § 199.10 paragraphs (i)(1) (i)

through (iii) are suspended.

Dated: February 12, 1997.

J. C. Card,

Rear Admiral, U.S. Coast Guard Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–3998 Filed 2–18–97; 8:45 am]

BILLING CODE 4910–14–M