12750 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations

independent accountant shall place that

information in a prominent attachment

to the report (or documentation) and

shall submit that attachment to the

Office of the Chief Accountant at the

same time and in the same manner as

the report (or documentation) is

submitted to that Office.

(3) Submission of the report (or

documentation) by the independent

accountant as described in paragraphs

(b)(1) and (b)(2) of this section shall not

replace, or otherwise satisfy the need

for, the newly engaged and former

accountants’ letters under items

304(a)(2)(D) and 304(a)(3) of Regulation

S–K, §§ 229.304(a)(2)(D) and

229.304(a)(3) of this chapter,

respectively, and under items

304(a)(2)(D) and 304(a)(3) of Regulation

S–B, §§ 228.304(a)(2)(D) and

228.304(a)(3) of this chapter,

respectively, and shall not limit, reduce,

or affect in any way the independent

accountant’s obligations to comply fully

with all other legal and professional

responsibilities, including, without

limitation, those under generally

accepted auditing standards and the

rules or interpretations of the

Commission that modify or supplement

those auditing standards.

(c) A notice or report submitted to the

Office of the Chief Accountant in

accordance with paragraphs (a) and (b)

of this section shall be deemed to be an

investigative record and shall be nonpublic and exempt from disclosure

pursuant to the Freedom of Information

Act to the same extent and for the same

periods of time that the Commission’s

investigative records are non-public and

exempt from disclosure under, among

other applicable provisions, 5 U.S.C.

552(b)(7) and § 200.80(b)(7) of this

chapter. Nothing in this paragraph,

however, shall relieve, limit, delay, or

affect in any way, the obligation of any

issuer or any independent accountant to

make all public disclosures required by

law, by any Commission disclosure

item, rule, report, or form, or by any

applicable accounting, auditing, or

professional standard.

Instruction to Paragraph (c)

Issuers and independent accountants

may apply for additional bases for

confidential treatment for a notice,

report, or part thereof, in accordance

with § 200.83 of this chapter. That

section indicates, in part, that any

person who, pursuant to any

requirement of law, submits any

information or causes or permits any

information to be submitted to the

Commission, may request that the

Commission afford it confidential

treatment by reason of personal privacy

or business confidentiality, or for any

other reason permitted by Federal law.

By the Commission.

Dated: March 12, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–6712 Filed 3–17–97; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 97–008]

RIN 2115–AE46

Special Local Regulations; Miami

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Miami Super Boat

Race. The event will be held on April

20, 1997, 1000 feet off the Miami Beach

shore from 12:30 p.m. EDT (Eastern

Daylight Time) until 3:30 p.m. The

regulations are needed to provide for the

safety of life on navigable waters during

the event.

EFFECTIVE DATE: These regulations

become effective at 11:30 a.m. and

terminate at 4:30 p.m. EDT on April 20,

1997.

FOR FURTHER INFORMATION CONTACT:

QMC T.E. Kjerulff, Coast Guard Group

Miami, Florida at (305) 535–4448.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, good

cause exists for making these

regulations effective without

publication of a notice of proposed

rulemaking. Final environmental replies

concerning these regulations were only

received in this office in early February.

Publishing a NPRM and delaying its

effective date would be contrary to

national safety interests, since

immediate action is needed to minimize

potential danger to the public due to an

expected large concentration of

participant and spectator craft.

Discussion of Regulations

Super Boat International Productions

Inc., is sponsoring a high speed power

boat race with approximately thirty-five

(35) race boats, ranging in length from

24 to 50 feet, participating in the event.

There will be approximately two

hundred (200) spectator craft. The race

will take place in the Atlantic Ocean

1,000 feet off the Miami Beach shore

from Miami Beach Clock Tower to

Atlantic Heights. The race boats will be

competing at high speeds with

numerous spectator craft in the area,

creating an extra or unusual hazard in

the navigable waterways.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

Entry into the regulated area is

prohibited for only 5.0 hours on the day

of the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include independently

owned and operated businesses that are

not dominant in their field and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

Business Act (15 U.S.C. 632).

The Coast Guard certifies under

section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

that this rule will not have a significant

economic impact on a substantial

number of small entities because the

regulations will only be in effect for a

total of 5 hours in a limited area.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action

consistent with Section 2.B. of

Commandant Instruction M16475.1B. In
Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Rules and Regulations 12751

accordance with that section,

specifically sections 2.B.4 and 2.B.5,

this action has been environmentally

assessed (EA completed), and the Coast

Guard has determined that it will not

significantly affect the quality of the

human environment. An environmental

assessment and finding of no significant

impact have been prepared and are

available for inspection and copying

from QMC T.E. Kjerulff, Coast Guard

Group Miami, Florida, (305) 535–4448.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, part

100 of title 33, Code of Federal

Regulations, is amended as follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and

33 CFR 100.35.

2. A temporary section 100.35T–07–

007 is added to read as follows:

§ 100.35T–07–007 Miami Beach, FL.

(a) Regulated Area.

(1) A regulated area is established by

a line joining the following points:

25°46′.3 N, 080°07′.85 W; thence to,

25°46′.3 N, 080°06′.82 W; thence to,

25°51′.3 N, 080°06′.2 W; thence to,

25°51′.3 N, 080°07′.18 W; thence along

the shoreline to the starting point.

All coordinates reference Datum:

NAD 1983.

(2) A spectator area is established in

the vicinity of the regulated area for

spectator traffic and is defined by a line

joining the following points, beginning

from:

25°51′.3 N, 080°06′.15 W; thence to,

25°51′.3 N, 080°05′.85 W; thence to,

25°46′.3 N, 080°06′.55 W; thence to,

25°46′.3 N, 080°06′.77 W; and back to

the starting point. All coordinates

reference Datum: NAD 1983.

(3) A buffer zone of 300 feet separates

the race course and the spectator areas.

(b) Special local regulations.

(1) Entry into the regulated area by

other than event participants is

prohibited unless otherwise authorized

by the Patrol Commander. At the

completion of scheduled races and

departure of participants from the

regulated area, traffic may resume

normal operations. At the discretion of

the Patrol Commander, between

scheduled racing events, traffic may be

permitted to resume normal operations.

(2) A succession of not fewer than 5

short whistle or horn blasts from a

patrol vessel will be the signal for any

and all vessels to take immediate steps

to avoid collision. The display of an

orange distress smoke signal from a

patrol vessel will be the signal for any

and all vessels to stop immediately.

(3) Spectators are required to maintain

a safe distance from the race course at

all times.

(c) Effective date. These regulations

become effective at 11:30 a.m. and

terminate at 4:30 p.m. EDT on April 20,

1997.

Dated: March 3, 1997.

R.C. Olsen, Jr.,

Acting Captain U.S. Coast Guard,

Commander, Seventh Coast Guard District.

[FR Doc. 97–6735 Filed 3–17–97; 8:45 am]

BILLING CODE 4910–14–M

PANAMA CANAL COMMISSION

35 CFR Part 61

RIN 3207–AA35

Health, Sanitation and Communicable

Disease Surveillance; Correction

AGENCY: Panama Canal Commission.

ACTION: Final rule; correction.

SUMMARY: The Panama Canal

Commission published in the Federal

Register of July 11, 1996, a document to

eliminate the requirement for

disinfecting vessels under certain

conditions as set out by the World

Health Organization (WHO).

DATES: March 18, 1997.

FOR FURTHER INFORMATION CONTACT: J. M.

Ebernez, Director of Admeasurement,

Marine Bureau, Panama Canal

Commission, telephone in Balboa,

Republic of Panama, 011/507–272–

4567, or Ruth Huff, Assistant to the

Secretary for Commission Affairs, Office

of the Secretary, Panama Canal

Commission, International Square, 1825

I Street NW, Suite 1050, Washington,

DC 20006–5402, (Telephone: (202) 634–

6441).

SUPPLEMENTARY INFORMATION: The

Panama Canal Commission published a

document in the July 11, 1996, Federal

Register, (61 FR 36497) section

§ 61.155(e) was incorrect. On page

36497, in the third column, paragraph

(e) should read as follows:

§ 61.155 Vessels; yellow fever.

* * * * *

(e) The disinfecting required under

paragraph (a) of this section shall not be

required when the index of Aedes

aegypti in Panama exceeds the 1.0 index

level established by the World Health

Organization (WHO).

Dated: March 13, 1997.

John A. Mills,

Secretary, Panama Canal Commission.

[FR Doc. 97–6787 Filed 3–17–97; 8:45 am]

BILLING CODE 3640–04–P

LEGAL SERVICES CORPORATION

45 CFR Part 1611

Eligibility: Income Level for Individuals

Eligible for Assistance

AGENCY: Legal Services Corporation.

ACTION: Final rule.

SUMMARY: The Legal Services

Corporation (‘‘Corporation’’) is required

by law to establish maximum income

levels for individuals eligible for legal

assistance. This document updates the

specified income levels to reflect the

annual amendments to the Federal

Poverty Guidelines as issued by the

Department of Health and Human

Services.

EFFECTIVE DATE: March 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Victor M. Fortuno, General Counsel,

Legal Services Corporation, 750 First

Street NE., Washington, DC 20002–

4250; 202–336–8810.

SUPPLEMENTARY INFORMATION: Section

1007(a)(2) of the Legal Services

Corporation Act (‘‘Act’’), 42 U.S.C.

2996f(a)(2), requires the Corporation to

establish maximum income levels for

individuals eligible for legal assistance,

and the Act provides that other

specified factors shall be taken into

account along with income.

Section 1611.3(b) of the Corporation’s

regulations establishes a maximum

income level equivalent to one hundred

and twenty-five percent (125%) of the

Federal Poverty Guidelines. Since 1982,

the Department of Health and Human

Services has been responsible for

updating and issuing the Poverty

Guidelines.

The revised figures for 1997 set out

below are equivalent to 125% of the

current Poverty Guidelines as set out at

62 FR 10856 (March 10, 1997).

List of Subjects in 45 CFR Part 1611

Legal services.

PART 1611—ELIGIBILITY

1. The authority citation for Part 1611

continues to read as follows:

Authority: Secs. 1006(b)(1), 1007(a)(1)

Legal Services Corporation Act of 1974, 42

U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2).