14376 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed under the caption ADDRESSES.

Commenters wishing the FAA to

acknowledge receipt of their comments

on this notice must submit, with those

comments, a self-addressed, stamped,

postcard containing the following

statement: ‘‘Comments to Airspace

Docket No. 96–ASW–28.’’ The postcard

will be date/time stamped and returned

to the commenter. All comments

received on or before the specific

closing dates will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in the light of comments

received. All comments submitted will

be available for examination in the

Office of the Assistant Chief Counsel,

Federal Aviation Administration,

Southwest Region, 2601 Meacham

Boulevard, Fort Worth, TX, both before

and after the closing date for comments.

A report summarizing each substantive

public contact with FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, Southwest

Region, Forth Worth, TX 76193–0530.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of advisory Circular No.

11–2A that describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Class E airspace, controlled

airspace extending upward from 1,200

feet AGL within the confines of

Restricted Area R–5107B and a portion

of R–5107A north of latitude

32°18′00′′N, White Sands Missile Range,

New Mexico, NM. White Sands Missile

Range has upgraded the radar coverage

within this area to provide air traffic

control services for aircraft authorized

to operate within this restricted area.

The intended effect of this proposal is

to provide adequate Class E airspace for

aircraft operating within the boundaries

of Restricted Area R–5107B and the

portion of Restricted Area R–5107A

north of latitude 32°18′00′′N, White

Sands Missile Range, New Mexico, NM.

The coordinates for this airspace

docket are based on North American

Datum 83. Designated Class E airspace

areas extending upward from 700 feet or

more above ground level are published

in Paragraph 6005 of FAA Order

7400.9D, dated September 4, 1996, and

effective September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations that need frequent and

routine amendments to keep them

operationally current. It, therefore—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963

Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D,

Airspace Designations and Reporting

Points, dated September 4, 1996, and

effective September 16, 1996, is

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW NM E5 New Mexico, NM [Amended]

On the eighteenth and nineteenth line,

change ‘‘excluding Restricted Areas R–5101,

R–5107B, and the portion of R–5107A north

of Lat. 32°18′00′′N to read ‘‘excluding

Restricted Area R–5101,’’

* * * * *

Issued in Forth Worth, TX, on March 19,

1997.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 97–7667 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Departmental Offices

31 CFR Part 1

Privacy Act of 1974; Proposed Rule

Exempting a System of Records From

Certain Provisions of the Privacy Act

AGENCY: Departmental Offices, Treasury.

ACTION: Proposed Rule.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Department of the Treasury gives notice

of a proposed amendment to 31 CFR

1.36 to exempt a new system of records,

the Suspicious Activity Reporting

System (the ‘‘SAR System’’), Treasury/

DO .212, from certain provisions of the

Privacy Act. The exemptions are

intended to increase the value of the

system of records for law enforcement

purposes, to comply with legal

prohibitions against the disclosure of

certain kinds of information, and to

protect certain information about

individuals maintained in the system of

records.

DATES: Comments must be received no

later than April 25, 1997.

ADDRESSES: Comments should be sent to

Office of Legal Counsel, Financial

Crimes Enforcement Network

(‘‘FinCEN’’), 2070 Chain Bridge Road,

Suite 200, Vienna, VA 22182–2536.

Comments will be made available for

inspection and copying by appointment.

Persons wishing such an opportunity

should call Eileen Dolan at (703) 905–

3590.

FOR FURTHER INFORMATION CONTACT:

Cynthia A. Langwiser, Attorney—

Advisor, Financial Crimes Enforcement

Network, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182, (703) 905–3582.

SUPPLEMENTARY INFORMATION: The rules

of FinCEN, the Board of Governors of

the Federal Reserve System (the

‘‘Board’’), the Office of the Comptroller

of the Currency (‘‘OCC’’), the Federal

Deposit Insurance Corporation
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14377

1FinCEN and the Federal Supervisory Agencies

have all published rules requiring such reporting.

See the rules publshed by FinCEN, the Board, OCC,

FDIC, OTS and NCUA, respectively, at: 61 FR 4326

(February 5, 1996); 61 FR 4338 (February 5, 1996);

61 FR 4332 (February 5, 1996); 61 FR 6095

(February 16, 1996); 61 FR 6100 February 16, 1996);

61 FR 11526 (March 21, 1996).

(‘‘FDIC’’), the Office of Thrift

Supervision (‘‘OTS’’), and the National

Credit Union Administration (‘‘NCUA’’)

(collectively, the Federal Supervisory

Agencies),1 create an integrated process

for reporting suspicious activity and

known or suspected crimes at, by, or

through depository institutions and

certain of their affiliates. The process is

based on a single uniform Suspicious

Activity Report (‘‘SAR’’), filed with

FinCEN.

A single information system for the

use of SARs is a key part of the

integrated system. The single

information system will permit

enhanced analysis and tracking of such

information, and rapid dissemination of

the reports to appropriate law

enforcement agencies. In accordance

with 31 U.S.C. 5318(g) and 5319, data

from the SAR System is exchanged,

retrieved, and disseminated, both

manually and electronically, among

FinCEN, the Federal Supervisory

Agencies, appropriate federal, state, and

local law enforcement agencies, and

state banking supervisory agencies. The

provisions of 31 U.S.C. 5318(g)(4)(B)

specifically require that the agency

designated as repository for suspicious

transaction reports refer those reports to

any appropriate law enforcement or

supervisory agency.

Agencies to which information will be

referred electronically, which in certain

cases may involve electronic transfers of

batch information, initially will include

the Federal Supervisory Agencies, the

Federal Bureau of Investigation, the

Criminal Investigation Division of the

Internal Revenue Service, the United

States Secret Service, the United States

Customs Service, and the Executive

Office of United States Attorneys, the

Offices of the 93 United States

Attorneys, and state supervisory

agencies and certain state law

enforcement agencies that have entered

into appropriate agreements with

FinCEN. (The FBI and Secret Service

may receive electronic transfers of batch

information as forms are filed to permit

those agencies more efficiently to carry

out their investigative responsibilities.)

It is anticipated that information from

the SAR system will also be

disseminated to other appropriate

federal, state or local law enforcement

and regulatory agencies and also to nonUnited States financial regulatory

agencies and law enforcement agencies.

Organizations to which information

from the SAR System is electronically

disseminated are collectively referred to

as ‘‘SAR System Users.’’

The SAR System is housed at the

Internal Revenue Service Computing

Center (‘‘DCC’’) in Detroit, Michigan.

The SAR System is managed by

FinCEN, with the assistance of the staff

of DCC.

Pursuant to the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Department of the Treasury is

publishing separately a notice of a

proposed new system of records,

Suspicious Activity Reporting System -

Treasury/DO.212.

Under 5 U.S.C. 552a(j)(2), the head of

an agency may promulgate rules to

exempt a system of records from certain

provisions of 5 U.S.C. 552a if the system

of records is ‘‘maintained by an agency

or component thereof which performs as

its principal function any activity

pertaining to the enforcement of

criminal laws, including police efforts

to prevent, control, or reduce crime or

to apprehend criminals, and the

activities of prosecutors, courts,

correctional, probation, pardon or

parole authorities, and which consists of

(A) information compiled for the

purpose of identifying individual

criminal offenders and alleged offenders

and consisting only of identifying data

and notations of arrests, the nature and

disposition of criminal charges,

sentencing, confinement, release, and

parole and probation status; (B)

information compiled for the purpose of

a criminal investigation, including

reports of informants and investigators,

and associated with an identifiable

individual; or (C) reports identifiable to

an individual compiled at any stage of

the process of enforcement of the

criminal laws from arrest or indictment

through release from supervision.’’

Under 5 U.S.C. 552a(k)(2), the head of

an agency may promulgate rules to

exempt a system of records from certain

provisions of 5 U.S.C. 552a if the system

of records is ‘‘investigatory material

compiled for law enforcement purposes,

other than material within the scope of

subsection (j)(2) of this section.’’

The Department of the Treasury is

hereby giving notice of a proposed rule

to exempt the SAR System from certain

provisions of the Privacy Act pursuant

to 5 U.S.C. 552a(j)(2) and (k)(2) and the

authority vested in the Assistant

Secretary (Enforcement) by 31 CFR

1.23(c). The reasons for exempting the

system of records from sections (c)(3),

(c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1),

(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),

(e)(5), (e)(8), (f) and (g) of the Privacy

Act are set forth in the proposed rule.

The Department of the Treasury has

determined that this proposed rule is

not a ‘‘significant regulatory action’’

under Executive Order 12866.

Pursuant to the requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601–

612, for the reasons set forth above it is

hereby certified that this proposed rule

will not have a significant economic

impact on a substantial number of small

entities.

In accordance with the provisions of

the Paperwork Reduction Act of 1995,

44 U.S.C. 3507(d), the Department of the

Treasury has determined that this

proposed rule will not impose new

record keeping, application, reporting,

or other types of information collection

requirements.

Lists of Subjects in 31 CFR Part 1

Privacy.

Part 1 of title 31 of the Code of

Federal Regulations is amended as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 5 U.S.C. 301 and 31 U.S.C. 321.

Subpart A also issued under 5 U.S.C. 552 as

amended. Subpart C also issued under 5

U.S.C. 552a.

2.Section 1.36 of Subpart C is

amended by revising the heading

‘‘Office of the Assistant Secretary for

Law Enforcement’’ to read ‘‘Assistant

Secretary (Enforcement)’’ and under the

Financial Crimes Enforcement Network

by redesignating paragraph (g) as (l) and

by adding paragraphs (g) thru (k) to read

as follows:

§ 1.36 Systems exempt in whole or in part

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

this part.

* * * * *

ASSISTANT SECRETARY (ENFORCEMENT)

Financial Crimes Enforcement Network

* * * * *

(g) In general. The Assistant Secretary

(Enforcement), exempts the system of

records entitled ‘‘Suspicious Activity

Reporting System’’ (Treasury/DO .212)

from certain provisions of the Privacy

Act of 1974, as amended, 5 U.S.C. 552a.

(h)Authority. 5 U.S.C. 552a(j) and (k);

31 CFR 1.23(c).

(i)General exemptions under 5 U.S.C.

552a(j)(2). Pursuant to 5 U.S.C.

552a(j)(2), the Assistant Secretary

(Enforcement), hereby exempts the

Suspicious Activity Reporting System
14378 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

(SAR System) of records, maintained by

FinCEN, an office reporting to the

Assistant Secretary (Enforcement), from

the following provisions of the Privacy

Act of 1974:

5 U.S.C. 552a(c)(3) and (4);

5 U.S.C. 552a(d)(1), (2), (3), and (4);

5 U.S.C. 552a(e)(1), (2), and (3);

5 U.S.C. 552a(e)(4)(G), (H), and (I):

5 U.S.C. 552a(e)(5) and (8);

5 U.S.C. 552a(f); and

5 U.S.C. 552a(g).

(j)Specific exemptions under 5 U.S.C.

552a(k)(2). To the extent that the

exemption under 5 U.S.C. 552a(j)(2)

does not apply to the SAR System of

records, the Assistant Secretary

(Enforcement), hereby exempts the SAR

System of records from the following

provisions of 5 U.S.C. 552a pursuant to

5 U.S.C. 552a(k)(2):

5 U.S.C. 552a(c)(3);

5 U.S.C. 552a(d)(1), (2), (3), and (4)

5 U.S.C. 552a(e)(1)

5 U.S.C. 552a(e)(4)(G), (H), and (I); and

5 U.S.C. 552a(f).

(k) Reasons for exemptions under 5

U.S.C. 552a(j)(2) and (k)(2). (1) 5 U.S.C.

552a(e)(4)(G) and (f)(1) enable

individuals to inquire whether a system

of records contains records pertaining to

them. Application of these provisions to

the SAR System would allow

individuals to learn whether they have

been identified as suspects or possible

subjects of investigation. Access by

individuals to such knowledge would

seriously hinder the law enforcement

purposes that the SAR System is created

to serve, because individuals involved

in activities that are violations of law

could:

(i) Take steps to avoid detection;

(ii) Inform associates that an

investigation is in progress;

(iii) Learn the nature of the

investigation;

(iv) Learn whether they are only

suspects or identified as violators of

law;

(v) Begin, continue, or resume illegal

conduct upon learning that they are not

identified in the system of records, or

(vi) Destroy evidence needed to prove

the violation.

(2) 5 U.S.C. 552a(d)(1), (e)(4)(H) and

(f)(2), (f)(3) and (f)(5) grant individuals

access to records containing information

about them. 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.

(i) Permitting access to records

contained in the SAR System would

provide individuals with information

concerning the nature of any current

investigations and would enable them to

avoid detection or apprehension,

because they could:

(A) Discover the facts that would form

the basis of an arrest;

(B) Destroy or alter evidence of

criminal conduct that would form the

basis of their arrest, and

(C) Delay or change the commission of

a crime that was about to be discovered

by investigators.

(ii) Permitting access to either ongoing or closed investigative files would

also reveal investigative techniques and

procedures, the knowledge of which

could enable individuals planning

crimes to structure their operations so as

to avoid detection or apprehension.

(3) 5 U.S.C. 552a(d)(2), (d)(3) and

(d)(4), (e)(4)(H) and (f)(4) permit an

individual to request amendment of a

record pertaining to him or her and

require the agency either to amend the

record or note the disputed portion of

the record and, if the agency refuses to

amend the record, to provide a copy of

the individual’s statement of

disagreement with the agency’s refusal,

to persons or other agencies to whom

the record is thereafter disclosed.

Because these provisions depend on the

individual’s having access to his or her

records, and since these rules exempt

the SAR System from the provisions of

5 U.S.C. 552a relating to access to

records, for the reasons set out in

paragraph (e)(2) these provisions do not

apply to the SAR System.

(4) 5 U.S.C. 552a(c)(4) requires an

agency to inform any person or other

agency about any correction or notation

of dispute that the agency made in

accordance with 5 U.S.C. 552a(d) to any

record that the agency disclosed to the

person or agency, if an accounting of the

disclosure was made. Because this

provision depends on an individual’s

having access to and an opportunity to

request amendment of records

pertaining to him or her, and because

these rules exempt the SAR System

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

relating to access to and amendment of

records, for the reasons set forth in

paragraphs (e)(2) and (3), this provision

does not apply to the SAR System.

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

agency to make the accounting of any

disclosures of records required by 5

U.S.C. 552a(c)(1) available to the

individual named in the record upon

his or her request. The accounting must

state the date, nature, and purpose of

each disclosure of the record and the

name and address of the recipient.

(i) The application of this provision

would impair the effective use of

information collected in the SAR

System. Making an accounting of

disclosures available to the subjects of

an investigation would alert them to the

fact that another agency is conducting

an investigation into their criminal

activities and could reveal the

geographic location of the other

agency’s investigation, the nature and

purpose of that investigation, and the

dates on which that investigation was

active. Violators possessing such

knowledge would be able to take

measures to avoid detection or

apprehension by altering their

operations, by transferring their

criminal activities to other geographical

areas, or by destroying or concealing

evidence that would form the basis for

arrest.

(ii) Moreover, providing an

accounting to the subjects of

investigations would alert them to the

fact that FinCEN has information

regarding possible criminal activities

and could inform them of the general

nature of that information. Access to

such information could reveal the

operation of the information-gathering

and analysis systems of FinCEN, the

Federal Supervisory Agencies and other

SAR System Users and permit violators

to take steps to avoid detection or

apprehension.

(6) 5 U.S.C. 552a(e)(4)(I) requires an

agency to publish a general notice

listing the categories of sources for

information contained in a system of

records. The application of this

provision to the SAR System could

compromise FinCEN’s and the Federal

Supervisory Agencies’ ability to provide

useful information to law enforcement

agencies, because revealing sources for

the information could:

(i) Disclose investigative techniques

and procedures,

(ii) Result in threats or reprisals

against informers by the subjects of

investigations, and

(iii) Cause informers to refuse to give

full information to criminal

investigators for fear of having their

identities as sources disclosed.

(7) 5 U.S.C. 552a(e)(1) requires an

agency to maintain in its records only

such information about an individual as

is relevant and necessary to accomplish

a purpose of the agency required to be

accomplished by statute or executive

order. The application of this provision

to the SAR System could impair the

effectiveness of law enforcement

because in many cases, especially in the

early stages of investigation, it may be

impossible immediately to determine

whether information collected is

relevant and necessary, and information

that initially appears irrelevant and

unnecessary, upon further evaluation or

upon collation with information
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