Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14379

developed subsequently, often may

prove helpful to an investigation.

(8) 5 U.S.C. 552a(e)(2) requires an

agency to collect information to the

greatest extent practicable directly from

the subject individual when the

information may result in adverse

determinations about an individual’s

rights, benefits, and privileges under

federal programs. The application of

this provision to the SAR System would

impair FinCEN’s ability to collect,

analyze and disseminate to System

Users investigative or enforcement

information. The SAR System is

designed to house information about

known or suspected criminal activities

or suspicious transactions that has been

collected and reported by financial

institutions, or their examiners or other

enforcement or supervisory officials. It

is not feasible to rely upon the subject

of an investigation to supply

information. An attempt to obtain

information from the subject of any

investigation would alert that individual

to the existence of an investigation,

providing an opportunity to conceal

criminal activity and avoid

apprehension. Further, with respect to

the initial SAR, 31 U.S.C. 5318(g)(2)

specifically prohibits financial

institutions making such reports from

notifying any participant in the

transaction that a report has been made.

(9) 5 U.S.C. 552a(e)(3) requires an

agency to inform each individual whom

it asks to supply information, on the

form that it uses to collect the

information or on a separate form that

the individual can retain, the agency’s

authority for soliciting the information;

whether disclosure of information is

voluntary or mandatory; the principal

purposes for which the agency will use

the information; the routine uses that

may be made of the information; and the

effects on the individual of not

providing all or part of the information.

The application of these provisions to

the SAR System would compromise the

ability of the component agencies of the

SAR System to use the information

effectively for purposes of law

enforcement.

(10) 5 U.S.C. 552a(e)(5) requires an

agency to maintain all records it uses in

making any determination about any

individual with such accuracy,

relevance, timeliness, and completeness

as is reasonably necessary to assure

fairness to the individual in the

determination. Application of this

provision to the SAR System would

hinder the collection and dissemination

of information. Because Suspicious

Activity Reports are filed by financial

institutions with respect to known or

suspected violations of law or

suspicious activities, it is not possible at

the time of collection for the agencies

that use the SAR System to determine

that the information in such records is

accurate, relevant, timely and complete.

(11) 5 U.S.C. 552a(e)(8) requires an

agency to make reasonable efforts to

serve notice on an individual when the

agency makes any record on the

individual available to any person

under compulsory legal process, when

such process becomes a matter of public

record. Application of these

requirements to the SAR System would

prematurely reveal the existence of an

ongoing investigation to the subject of

investigation where there is need to

keep the existence of the investigation

secret. It would render ineffective 31

U.S.C. 5318(g)(2), which prohibits

financial institutions and its officers,

employees and agents from disclosing to

any person involved in a transaction

that a SAR has been filed.

(12) 5 U.S.C. 552a(g) provides an

individual with civil remedies when an

agency wrongfully refuses to amend a

record or to review a request for

amendment, when an agency

wrongfully refuses to grant access to a

record, when any determination relating

to an individual is based on records that

are not accurate, relevant, timely and

complete, and when an agency fails to

comply with any other provision of 5

U.S.C. 552a so as to adversely affect the

individual. The SAR System should be

exempted from this provision to the

extent that the civil remedies relate to

the provisions of 5 U.S.C. 552a from

which paragraphs (k)(1) through (11) of

this section exempt the SAR System.

There should be no civil remedies for

failure to comply with provisions from

which this system of records is

exempted. Exemption from this

provision will also protect FinCEN from

baseless civil court actions that might

hamper its ability to collate, analyze and

disseminate data.

* * * * *

Dated: February 3, 1997.

Alex Rodriguez,

Deputy Assistant Secretary (Administration).

[FR Doc. 97–7560 Filed 3–25–97; 8:45 am]

BILLING CODE: 4820–03–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11–97–004]

Special Local Regulation; Laughlin

Aquamoto Sports Challenge and Expo

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the table of events in 33 CFR

100.1102 by adding the Laughlin

Aquamoto Sports Challenge and Expo

being conducted in the waters of the

Colorado River from Davis Dam south to

Harrah’s Hotel and Casino on the

following dates: annually, a four-day

weekend event in May or June. These

regulations are necessary to provide for

the safety of life, property, and

navigation on the navigable waters of

the United States during scheduled

events.

DATES: Comments should be received on

or before May 12, 1997.

ADDRESSES: Comments should be

mailed to Lieutenant Mike A. Arguelles,

U.S. Coast Guard Marine Safety Office,

2716 North Harbor Drive, San Diego,

California 92101, or may be delivered to

the same address between 8 a.m. and 3

p.m. Monday through Friday, except

federal holidays. The telephone number

is (619) 683–6484. The Captain of the

Port maintains the public docket for this

rulemaking. Comments will become part

of this docket and will be available for

inspection or copying at Coast Guard

Marine Safety Office, 2716 North Harbor

Drive, San Diego.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mike A. Arguelles, Coast

Guard Marine Safety Office, San Diego;

telephone number (619) 683–6484.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or comments. Persons submitting

comments should include their name

and address, identify this rulemaking

(CGD11–97–004) and the specific

section of this proposal to which each

comment applies, and give the reason

for each comment. The Coast Guard

requests that all comments and

attachments be submitted in an

unbound format suitable for copying

and electronic filing. If not practical, a

second copy of any bound materials is

requested. Persons wanting

acknowledgment of receipt of comments
14380 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

should enclose a stamped, selfaddressed postcard or envelope.

A public comment period of only 45

days is necessary in order to permit

publication of a final rule at least 30

days prior to commencement of the

effective period, yet still allow

opportunity for submission and

consideration of comments from the

public.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

the project officer at the address under

ADDRESSES. If it determines that the

opportunity for oral presentation will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Background and Purpose

The Aquamoto Sports Challenge and

Expo will consist of various styles of

watercraft racing. The races will take

place, annually, over a four-day

weekend in May or June. These

regulations are necessary to provide for

the safety of life, property, and

navigation on the navigable waters of

the United States during scheduled

events.

Discussion of Regulation

The race zone encompasses the

Colorado River from the Davis Dam

south to Harrah’s Hotel and Casino. The

race courses will be marked by vessels

with signs, and both north and south

boundaries of the race zone will have

major signs to alert non-participants

using the river. On various days and

times during the event, the race zone

will be in use by vessels competing in

the Aquamoto Challenge. During these

times the Colorado River from Davis

Dam south to Harrah’s Hotel and Casino

will be closed to all traffic with the

exception of emergency vessels. No

vessels other than participants or

official patrol vessels will be allowed to

enter this zone unless specifically

cleared by or through an official patrol

vessel. Once the zone is established,

authorization to remain within the zone

is subject to termination at any time.

The Patrol Commander may impose

other restrictions within the zone if

circumstances dictate. Restrictions will

be tailored to impose the least impact on

maritime interests yet provide the level

of security deemed necessary to safely

conduct the Aquamoto and Expo.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require assessment of potential cost 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of the Department of

Transportation is unnecessary.

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’’ may include small

businesses and not-for-profit

organizations that are not dominant in

their fields and (2) governmental

jurisdictions with populations less than

50,000. Because it expects the impact of

this proposal to be so minimal, the

Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this proposal,

if adopted, will not have a substantial

impact on a significant number of small

entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that under paragraph

2.B.2 of Commandant Instruction

M16475.1B as revised in 59 CFR 38654,

July 29 1994 and 61 FR 13563, March

27, 1996, it will have no significant

environmental impact and it is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis checklist

will be available for inspection and

copying in the docket to be maintained

at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 100

Regattas, Marine parades.

Proposed Regulation

For the reasons set out in the

preamble the Coast Guard proposes to

amend Part 100, Title 33, Code of

Federal Regulations, 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.

2. In § 100.1102, Table 1 is amended

by adding an entry for the Laughlin

Aquamoto Sports Challenge and Expo

immediately following the entry for the

Laughlin Classic to read as follows:

§ 100.1102 Marine Events on the Colorado

River, between Davis Dam (Bullhead City,

Arizona) and Headgate Dam (Parker,

Arizona).

* * * * *

TABLE 1

* * * * * * *

Laughlin Aquamoto Sports Challenge and Expo.

Sponsor: Baja Promotions.

Dates: Four-day weekend event in May or June.

Where: That portion of Colorado river near Laughlin, Nevada, from Davis Dam to Harrah’s Hotel and Casino.
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14381

* * * * *

Dated: March 17, 1997.

J.M. MacDonald,

Captain, U.S. Coast Guard, Commander,

Coast Guard Pacific Area, Acting.

[FR Doc. 97–7620 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–165–01–9633b; FRL–5709–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Tennessee; Approval of Revisions to

Knox County Regulations for

Violations and General Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the revisions to the Knoxville/Knox

County portion of the Tennessee State

Implementation Plan (SIP) submitted by

the State of Tennessee for the purpose

of revising the current regulations for

the permit requirements, definitions,

and administrative requirements. In the

final rules section of this Federal

Register, the EPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by April 25, 1997.

ADDRESSES: Written comments on this

action should be addressed to Karen C.

Borel, at the Environmental Protection

Agency, Region 4 Air Planning Branch,

100 Alabama Street, SW, Atlanta,

Georgia 30303. Copies of documents

relative to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference file

TN165–01–9633. The Region 4 office

may have additional background

documents not available at the other

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 100

Alabama Street, SW, Atlanta, Georgia

30303. [contact Karen Borel, 404/562–

9029].

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, 9th Floor L & C

Annex, 401 Church Street, Nashville,

Tennessee 37243–1531.

Knox County Department of Air

Pollution Control, City-County

Building, Suite 339, 400 West Main

Street, Knoxville, Tennessee, 37902.

FOR FURTHER INFORMATION CONTACT:

Karen C. Borel at (404)

562–9029.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: January 15, 1997.

A. Stanley Meiburg

Acting Regional Administrator

[FR Doc. 97–7720 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CT27–1–7200b; A–1–FRL–5667–3]

Clean Air Act Approval and

Promulgation of State Implementation

Plans; Connecticut: PM10 Prevention

of Significant Deterioration

Increments; and Approval of a Second

1-Year Extension of PM10 Attainment

Date for New Haven

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing full

approval of a State Implementation Plan

(SIP) revision submitted by the State of

Connecticut, which replaces the total

suspended particulate (TSP) prevention

of significant (PSD) increments with

increments for PM10 (particulate matter

with an aerodynamic diameter less than

or equal to a nominal 10 micrometers).

EPA is also proposing full approval of

Connecticut’s request for a second 1-

year extension of the attainment date for

the New Haven PM10 nonattainment

area, based on monitored air quality

data for the national ambient air quality

standard for PM10 during the years

1993–95. These actions are being taken

under the Clean Air Act. In the Final

Rules Section of this Federal Register,

EPA is approving the Connecticut’s SIP

revision and extension request as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

does receive adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before April 25, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection, EPA—Region

1, JFK Federal Bldg (CAA), Boston, MA

02203. Copies of Connecticut’s

submittal and EPA’s technical support

document are available for public

inspection by appointment during

normal business hours at the following

locations: Office of Ecosystem

Protection, EPA—Region 1, One

Congress Street, 11th floor, Boston, MA

02203; Bureau of Air Management,

Department of Environmental

Protection, State Office Building, 79 Elm

Street, Hartford, CT 06106; and Air and

Radiation Docket and Information

Center, 401 M Street, SW, Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT: Jeff

Butensky at (617) 565–3583 or

butensky.jeff@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

Section of this Federal Register.

AUTHORITY: 42 U.S.C. 7401–7671q.

Dated: December 9, 1996.

John P. DeVillars,

Regional Administrator, EPA—Region 1.

[FR Doc. 97–7691 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P