Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11323

§ 228.508 [Corrected]

1. On page 543, in the first column,

in § 228.508, paragraph (j), on the sixth

line, the phrase ‘‘during the offering’’ is

corrected to read ‘‘in connection with

the offering’’.

§ 229.508 [Corrected]

2. On page 543, in the second column,

in § 229.508, paragraph (l), on the sixth

line, the phrase ‘‘during the offering’’ is

corrected to read ‘‘in connection with

the offering’’.

§ 239.37 [Amended]

3. Form F–7 (referenced in § 239.37)

is amended by removing the phrase

‘‘Rules 10b–6, 10b–7 and 10b–8 under

the Exchange Act’’ from General

Instruction III.A. and adding, in its

place, the phrase ‘‘Regulation M (17

CFR 242.100 through 242.105)’’.

Note: Form F–7 does not appear in the

Code of Federal Regulations.

§ 239.38 [Amended]

4. Form F–8 (referenced in § 239.38)

is amended by removing the phrase

‘‘Rules 10b–6, 10b–7 and 10b–13 under

the Exchange Act. [See Exchange Act

Release No. 29355 (June 21, 1991)

containing exemptions from Rules 10b–

6 and 10b–13.]’’ from General

Instruction V.A. and adding, in its

place, the phrase ‘‘Regulation M (17

CFR 242.100 through 242.105) and Rule

10b–13 under the Exchange Act [See

Exchange Act Release No. 29355 (June

21, 1991) containing an exemption from

Rule 10b–13.]’’.

Note: Form F–8 does not appear in the

Code of Federal Regulations.

§ 239.39 [Amended]

5. Form F–9 (referenced in § 239.39)

is amended by removing the phrase

‘‘Rules 10b–6 and 10b–7 under the

Exchange Act’’ from General Instruction

III.A. and adding, in its place, the

phrase ‘‘Regulation M (17 CFR 242.100

through 242.105)’’.

Note: Form F–9 does not appear in the

Code of Federal Regulations.

§ 239.40 [Amended]

6. Form F–10 (referenced in § 239.40)

is amended by removing the phrase

‘‘Rules 10b–6 and 10b–7 under the

Exchange Act’’ from General Instruction

III.A. and adding, in its place, the

phrase ‘‘Regulation M (17 CFR 242.100

through 242.105)’’.

Note: Form F–10 does not appear in the

Code of Federal Regulations.

§ 240.10b–18 [Corrected]

7. On page 543, in the third column,

in § 240.10b–18, paragraph (a)(3)(i), the

third line is corrected by inserting a

comma between the words ‘‘chapter’’

and ‘‘during’’ and, in the fifth line, the

phrase ‘‘common stock, or during a

distribution’’ is corrected to read

‘‘common stock or a distribution’’.

§ 240.13e–4 [Corrected]

8. On page 544, in the first column,

in § 240.13e–4, instruction 19 is revised

to read:

Section 240.13e–4 is amended by

removing the phrase ‘‘an issuer’s plan,

as that term is defined in § 242.100 of

Regulation M’’ from paragraph (h)(5)(i)

and adding, in its place, the phrase ‘‘a

plan as that term is defined in § 242.100

of this chapter’’.

§ 242.100 [Corrected]

9. On page 545, in the second column,

in the sixth paragraph, the 15th line is

corrected by inserting the phrase ‘‘the

source of the shares to fund the plan,’’

after the word ‘‘period’’ and before the

phrase ‘‘the basis’’.

10. On page 545, in the second

column, in the sixth paragraph, the 16th

line is corrected by inserting a comma

after the word ‘‘plan’’ and before the

word ‘‘or’’.

11. On page 545, in the second

column, in the ninth paragraph

commencing ‘‘Business day’’, the

paragraph is revised to read as follows:

‘‘Business day refers to a 24 hour

period determined with reference to the

principal market for the securities to be

distributed, and that includes a

complete trading session for that

market.’’

§ 242.102 [Corrected]

12. On page 547, in the third column,

in the seventh paragraph, in the fifth

line, the phrase ‘‘paragraph (b)(6)(i)’’ is

corrected to read ‘‘paragraph (b)(7)(i)’’.

§ 242.104 [Corrected]

13. On page 549, in the first column,

in paragraph (j)(2)(i), in the 11th line,

the phrase ‘‘preceding business day’’ is

corrected to read ‘‘most recent prior day

of trading in the principal market’’.

14. On page 550, in the second

column, in paragraph (j)(2)(ii), in the

fifth line, the phrase ‘‘paragraph (j)(1)’’

is corrected to read ‘‘paragraph (j)(2)(i)’’.

By the Commission,

Dated: March 4, 1997.

Margaret H. McFarland,

Deputy Secretary.

Note: Appendix A to the Preamble will not

appear in the Code of Federal Regulations.

Appendix A—Regulatory Flexibility

Act Certification

I, Arthur Levitt, Chairman of the Securities

and Exchange Commission, hereby certify

pursuant to 5 U.S.C. 605(b) that: amendments

to Rule 100 under Regulation M, Rule 104

under Regulation M, Rule 10b–18 under the

Securities Exchange Act of 1934 (‘‘Exchange

Act’’), Rule 13e–4 under the Exchange Act,

Item 508 under Regulation S–B, Item 508

under Regulation S–K, and Forms F–7, F–8,

F–9, and F–10 under the Securities Act of

1933 (‘‘Securities Act’’), when promulgated,

will not have a significant economic impact

on a substantial number of small entities.

The amendments noted above are intended

to correct mistakes or oversights in the

drafting of Regulation M and amendments to

related rules and regulations. They are

technical changes that do not affect the

application of the rules to small entities.

Furthermore, these amendments do not affect

the Final Regulatory Flexibility Act analysis

prepared in conjunction with the adoption of

Regulation M and amendments to related

rules, available in Public File No. S7–11–96.

Dated: March 4, 1997.

Arthur Levitt,

Chairman.

[FR Doc. 97–5837 Filed 3–11–97; 8:45 am]

BILLING CODE 8010–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 216

RIN 3220–AB22

Eligibility for an Annuity

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board amends its regulations to add the

Surface Transportation Board to the list

of entities for which employment will

not break a ‘‘current connection’’ with

the railroad industry which is necessary

for the payment of occupational

disability annuities and survivor

annuities under the Railroad Retirement

Act.

EFFECTIVE DATE: March 12, 1997.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Public

Law 104–88, the ICC Termination Act of

1995, 109 Stat. 803, abolished the

Interstate Commerce Commission and

transferred many of the functions of that

agency to a new entity, the Surface

Transportation Board, within the

Department of Transportation. Section

323 of that Act amended section 1(o) of

the Railroad Retirement Act (45 U.S.C.

231(o)) to add the Surface

Transportation Board as an entity for

whom a former railroad worker may
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