11324 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

work and not break his or her current

connection with the railroad industry.

The Railroad Retirement Act requires

that an employee have a current

connection under the RRA for

entitlement to certain benefits,

including an occupational disability

annuity, a supplemental annuity, and

survivor benefits. The Board proposes to

amend § 216.16 of its regulations in

order to add the Surface Transportation

Board to the list of non-railroad work

that will not break a current connection.

It has been determined that this is not

a significant regulatory action for

purposes of Executive Order 12866;

therefore, no regulatory impact analysis

is required. There are no information

collections associated with this rule.

Because the rule simply reflects a

nomenclature change, the Board

dispensed with the publication of a

proposed rule.

List of Subjects in 20 CFR Part 216

Railroad employees, Railroad

retirement, Railroads.

For the reasons set out in the

preamble, title 20, chapter II, part 216,

subpart B, is amended as follows:

PART 216—ELIGIBILITY FOR AN

ANNUITY

1. The authority citation for part 216

continues to read as follows:

Authority: 45 U.S.C. 231f.

2. Section 216.16 is amended by

removing the ‘‘or’’ at the end of

paragraph (b)(5)(iv), by adding ‘‘or’’ to

the end of paragraph (b)(5)(v), and by

adding paragraph (b)(5)(v)(i) to read as

follows:

§ 216.16 What is regular non-railroad

employment.

* * * * *

(b) * * *

(5) * * *

(v)(i) Surface Transportation Board.

* * * * *

Dated: March 4, 1997.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 97–6142 Filed 3–11–97; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 45

RIN 1076–AD16

Special Education

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is eliminating 25 CFR Part 45—

Special Education as mandated by

Executive Order 12866 to streamline the

regulatory process and enhance the

planning and coordination of new and

existing regulations.

EFFECTIVE DATE: April 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Kenneth Whitehorn at (202) 208–3559,

or Jim Martin at (202) 208–3550 Bureau

of Indian Affairs, Office of Indian

Education Programs, MS–3512-MIB,

OIE–23, 1849 C Street NW, Washington,

DC 20240.

SUPPLEMENTARY INFORMATION: On July 2,

1996, at 61 FR 34399, the Bureau of

Indian Affairs published a proposed

rule to eliminate 25 CFR Part 45—

Special Education. This rule is no

longer necessary, as it is repetitive of 34

CFR Chapter III, Parts 300—399, and the

Bureau of Indian Affairs has an

agreement with the Department of

Education to use those regulations.

Tribes have been notified through the

BIA consultation meetings and by the

publication of the proposed rule. There

have been no objections to this

elimination. The authority to issue rules

is vested in the Secretary of the Interior

by 5 U.S.C. 301 and sections 463 and

465 of the Revised Statutes, 25 U.S.C. 2

and 9.

Executive Order 12988

The Department has certified to the

Office of Management and Budget

(OMB) that these proposed regulations

meet the applicable standards provided

in sections 3(a) and 3(b)(2) of Executive

Order 12988.

Executive Order 12866

This rule is not a significant

regulatory action under Executive order

12866 and has not been reviewed by the

Office of Management and Budget.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act.

Executive Order 12630

The Department has determined that

this rule does not have significant

‘‘takings’’ implications. The rule does

not pertain to ‘‘taking’’ of private

property interests, nor does it affect

private property.

Executive Order 12612

The Department has determined that

this rule does not have significant

Federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

under the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule has been examined under

the Paperwork Reduction Act of 1995

and has been found to contain no

information collection requirements.

List of Subjects in 25 CFR Part 45

Education of individuals with

disabilities, Special education.

PART 45—[REMOVED]

Under the authority of Executive

Order 12866 and for the reasons stated

above, part 45 is removed from Chapter

1 of Title 25 of the United States Code

of Federal Regualtions.

Dated: March 4, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–6218 Filed 3–11–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8699]

RIN 1545–AV06

Credit for Employer Social Security

Taxes Paid on Employee Tips;

Correction

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Correction to the removal of

temporary regulations.

SUMMARY: This document contains a

correction to the removal of temporary

regulations (TD 8699) which were

published in the Federal Register on

Friday, December 20, 1996 (61 FR

67212). That publication removes the

temporary regulations pertaining to the

credit for employer FICA taxes paid
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11325

with respect to certain tips received by

employees of food or beverage

establishments.

EFFECTIVE DATE: December 20, 1996.

FOR FURTHER INFORMATION CONTACT: Jean

M. Casey, (202) 622–6060 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

The removal of temporary regulations

that is subject to this correction is under

section 45B of the Internal Revenue

Code.

Need for Correction

As published, the removal of

temporary regulations (TD 8699)

contains an error which may prove to be

misleading and is in need of

clarification.

Correction of Publication

Accordingly, the publication of the

removal of temporary regulations (TD

8699) which is the subject of FR Doc.

96–32249 is corrected as follows:

On page 67212, column 3, in the

heading, the RIN ‘‘RIN 1545–AS19’’ is

corrected to read ‘‘RIN 1545–AV06’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–6067 Filed 3–11–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

Amendment

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS MOUNT

WHITNEY (LCC 20) is a vessel of the

Navy which, due to its special

construction and purpose, cannot fully

comply with certain provisions of the 72

COLREGS without interfering with its

special functions as a naval ship. The

intended effect of this rule is to warn

mariners in waters where 72 COLREGS

apply.

EFFECTIVE DATE: January 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R.R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, Virginia,

22332–2400, Telephone Number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

MOUNT WHITNEY (LCC 20) is a vessel

of the Navy which, due to its special

construction and purpose, cannot fully

comply with the following specific

provisions of 72 COLREGS: Annex I,

section 3(a), pertaining to the location of

the foreward masthead light in the

forward quarter of the ship; and the

horizontal distance between the forward

and after masthead lights, without

interfering with its special functions as

an amphibious command vessel. The

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

also certified that the lights involved are

located in closest possible compliance

with the applicable 72 COLREGS

requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Five of § 706.2 is amended by

revising the entry for the USS MOUNT

WHITNEY to read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Table Five

Vessel Number

Masthead

lights not

over all

other lights

and obstructions.

annex I,

sec. 2(f)

Forward

masthead

light not in

forward

quarter of

ship. annex

I, sec. 3(a)

After masthead light

less than 1⁄2

ship’s

length aft of

forward

masthead

light. annex

I, sec. 3(a)

Percentage

horizontal

separation

attained

* * * * * * *

USS MOUNT WHITNEY ............................................................. LCC 20 .................... N/A N/A X 84

* * * * * * *