30438 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

agency, which will, in turn, verify the

record correction with the originating

agency (assuming the originating agency

has not already notified the denying

agency of the correction) and take all

necessary steps to correct the record in

the NICS.

(d) As an alternative to the above

procedure, the individual may elect to

direct his or her challenge to the

accuracy of the record, in writing, to the

FBI, NICS Operations Center, Criminal

Justice Information Services Division,

1000 Custer Hollow Road, Module C–3,

Clarksburg, West Virginia 26306–0147.

Upon receipt of the information, the FBI

will investigate the matter by contacting

the POC that denied the transaction or

the data source. The FBI will request the

POC or the data source to verify that the

record in question pertains to the

individual who was denied or verify or

correct the challenged record. The FBI

will consider the information it receives

from the individual and the response it

receives from the POC or the data

source. If the record is corrected as a

result of the challenge, the FBI shall so

notify the individual, correct the

erroneous information in the NICS, and

give notice of the error to any Federal

department or agency or any state that

was the source of such erroneous

records.

(e) Upon receipt of notice of the

correction of a contested record from the

originating agency, the FBI or the

agency that contributed the record shall

correct the data in the NICS and the

denying agency shall provide a written

confirmation of the correction of the

erroneous data to the individual for

presentation to the FFL. If the appeal of

a contested record is successful and less

than thirty (30) days have transpired

since the initial check, and there are no

other disqualifying records upon which

the denial was based, the NICS will

communicate a ‘‘proceed’’ response to

the FFL. If the appeal is successful and

more than thirty (30) days have

transpired since the initial check, the

FFL must recheck the NICS (without

being charged a fee) before allowing the

sale to continue. In cases where

multiple disqualifying records are the

basis for the denial, the individual must

pursue a correction for each record.

(f) An individual may also contest the

accuracy or validity of a disqualifying

record by bringing an action against the

state or political subdivision responsible

for providing the contested information,

or responsible for denying the transfer,

or against the United States, as the case

may be, for an order directing that the

contested information be corrected or

that the firearm transfer be approved.

§ 25.11 Prohibited activities and penalties.

(a) State or local agencies, FFLs, or

individuals violating this subpart A

shall be subject to a fine not to exceed

$10,000 and subject to cancellation of

NICS inquiry privileges.

(b) Misuse or unauthorized access

includes, but is not limited to, the

following:

(1) State or local agencies’, FFLs’, or

individuals’ purposefully furnishing

incorrect information to the system to

obtain a ‘‘proceed’’ response, thereby

allowing a firearm transfer;

(2) State or local agencies’’, FFLs’, or

individuals’ purposefully using the

system to perform a check for

unauthorized purposes; and

(3) Any unauthorized person’s

accessing the NICS.

Dated: May 28, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–14795 Filed 6–1–98; 8:45 am]

BILLING CODE 4410–02–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 69 and 80

[FRL–6107–7]

State of Alaska Petition for Exemption

From Diesel Fuel Sulfur Requirement

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

public comment period.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) is extending

the public comment period on the

Notice of Proposed Rulemaking

(NPRM), which proposes to grant the

State of Alaska an exemption from the

requirements of EPA’s low-sulfur diesel

fuel program for motor vehicles. The

NPRM was published in the Federal

Register on April 28, 1998 (63 FR

23241). The purpose of this notice is to

extend the comment period from May

28, 1998 to June 12, 1998, to allow

commenters additional time to respond

to the NPRM.

DATES: EPA will accept comments on

the NPRM until June 12, 1998.

ADDRESSES: Comments should be

submitted in duplicate to Mr. Richard

Babst, Fuels and Energy Division (6406–

J), 401 M Street SW., Washington, DC

20460. Copies of information relevant to

this NPRM are available for inspection

in public docket A–96–26 at the Air

Docket of the EPA, first floor, Waterside

Mall, room M–1500, 401 M Street SW.,

Washington, DC 20460, (202) 260–7548,

between the hours of 8:00 a.m. to 5:30

p.m. Monday through Friday. A

duplicate public docket has been

established at EPA Alaska Operations

Office-Anchorage, Federal Building,

room 537, 222 W. Seventh Avenue, #19,

Anchorage, AK 99513–7588, and is

available from 8:00 a.m. to 5:00 p.m.

Monday through Friday. A reasonable

fee may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: For

information concerning the NPRM,

contact Mr. Richard Babst, Fuels and

Energy Division (6406–J), 401 M Street

SW., Washington, DC 20460, 202–564–

9473.; fax 202–565–2085; electronic

mail babst.richard@epa.gov.

Dated: June 1, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–14850 Filed 6–3–98; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL SCIENCE FOUNDATION

45 CFR Parts 672 and 673

RIN 3145–AA36

Antarctic Tourism

AGENCY: National Science Foundation

(NSF).

ACTION: Proposed Rule.

SUMMARY: NSF proposes issuing

regulations to implement the

amendments to the Antarctic

Conservation Act of 1978 contained in

the Antarctic Science, Tourism, and

Conservation Act of 1996. These

regulations will require U.S. tour

operators using non-U.S. flagged vessels

for Antarctic expeditions to ensure that

the vessel owner has an emergency

response plan. The regulation also

requires U.S. tour operators to notify

their passengers and crew of their

Antarctic Conservation Act obligations.

DATES: Comments must be received by

August 3, 1998.

ADDRESSES: Comments should be sent to

Anita Eisenstadt, Assistant General

Counsel, National Science Foundation,

4201 Wilson Boulevard, Room 1265,

Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT:

Anita Eisenstadt, Office of the General

Counsel, at 703–306–1060.

SUPPLEMENTARY INFORMATION:

Background

On October 2, 1996, the Antarctic

Science Tourism and Conservation Act

of 1996 (ASTCA) (Pub. L. 104–227)
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30439

became law. This Act implements the

Protocol on Environmental Protection to

the Antarctic Treaty done at Madrid on

October 4, 1991, by amending the

Antarctic Conservation Act of 1978

(ACA) (16 U.S.C. 2401 et. seq.). Article

15 of the Protocol, ‘‘Emergency

Response Action’’, requires that each

Party provide for prompt and effective

response action to such emergencies as

might arise from activities in the

Antarctic, including tourism and other

non-governmental activities. On April

14, 1997, the Coast Guard issued

regulations to implement Article 15 of

the Protocol with respect to U.S.-flagged

vessels operating in the Antarctic. The

Coast Guard regulations are found at 33

CFR part 151. Because some U.S. tour

operators may also charter non-U.S.

flagged vessels for their Antarctic

expeditions, a regulation must still be

issued which ensures that non-U.S.

flagged vessels used by U.S. tour

operators have emergency response

plans that are consistent with Article 15.

The ASTCA also amends the ACA to

require U.S. tour operators to notify

their passengers and crew of their

obligations under the Antarctic

Conservation Act.

As the lead U.S. Government agency

in Antarctica, NSF has long had

responsibility for ensuring that United

States tourism and its supporting

logistics operations in the Antarctic are

conducted in a manner compatible with

preserving the unique values of the

Antarctic. 16 USC 2401(a)(3). Section 6

of the ACA, as amended by the ASTCA,

directs the Director of the National

Science Foundation to issue such

regulations as are necessary and

appropriate to implement the Protocol

and the ACA. NSF is therefore

amending its regulations to add

provisions that address these new

requirements for tour operators.

Summary of Provisions

NSF is adding a new part 673 to its

regulations to encompass the new

notification and Article 15 requirements

for U.S. tour operators. Tour operators

using non-U.S. flagged vessels for

Antarctic expeditions are required to

ensure that the vessel owner or operator

has an emergency response plan for

such emergencies as might arise in the

performance of the vessel’s activities in

Antarctica. Since the vessels currently

being used by U.S. tour operators

already have a shipboard oil pollution

emergency plan (SOPEP), this rule

simply requires them to amend their

existing SOPEP to include a plan for

prompt and effective response action to

emergencies arising in the performance

of the vessel’s activities. The Coast

Guard’s regulations implementing

Article 15 for U.S. flagged vessels

contain the identical requirement and

any plan which satisfies the

requirements contained in 33 CFR

151.26 of the Coast Guard regulations

will also satisfy the requirements of this

rule.

Part 673 also requires U.S. tour

operators to notify their crew and

passengers of the environmental

protection obligations of the ACA. A

related requirement presently contained

in Part 672 for U.S. tour operators to

distribute educational materials to their

passengers and crew provided by NSF is

being moved to part 673 for

organizational clarity.

Determinations

NSF has determined, under the

criteria set forth in Executive Order

12866, that this rule is not a significant

regulatory action requiring review by

the Office of Information and Regulatory

Affairs. As required by the Regulatory

Flexibility Act, it is hereby certified this

rule will not have significant impact on

a substantial number of small

businesses. NSF has been advised by the

International Association of Antarctica

Tour Operators that all vessels which

are currently being used to transport

passengers to Antarctica already have

shipboard oil emergency plans (SOPEP)

in compliance with Regulation 26 of

Annex I of the International Convention

for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol

of 1978 relating thereto (MARPOL 73/

78). Consequently, this rule will merely

require amending the existing SOPEP.

In issuing its rule, the Coast Guard

conducted an industry cost analysis for

preparation of an emergency response

plan. 62 FR 18043, 18044 (April 14,

1997). The Coast Guard estimated the

total cost for incorporating the new

SOPEP amendments to range from $500

to $1400 per plan. The analysis

indicated that the amendments needed

to be incorporated into a vessel’s current

SOPEP would be approximately 5 to 10

pages and that they would take no more

than five days to draft. The Coast Guard

estimated that the cost per page of

additions to the SOPEP is

approximately $100 to $140 ($35/hr x

$40hr./week)/10). Since the

requirements under the Coast Guard

rule are the same as the requirements

under this rule, the estimates from this

recent Coast Guard analysis are

applicable to this rule.

Consistent with the Coast Guard rule,

this rule does not require that specific

equipment be carried on board the ship.

It simply requires that vessels used by

U.S. tour operators have plans for

prompt and effective responses to

emergencies which may arise in the

performance of their vessels in the

Antarctic. However, for purposes of

estimating costs, the Coast Guard

assumed that vessels would most likely

choose to carry a complement of

materials estimated to cost $1122 per

vessel.

The Paperwork Reduction Act (44

U.S.C. 3501 et seq.) does not apply

because there are less than ten U.S. tour

operators chartering non-U.S. flagged

vessels for Antarctic expeditions.

Finally, NSF has reviewed this rule in

light of section 2 of Executive Order

12778 and I certify for the National

Science Foundation that this rule meets

the applicable standards provided in

sections 2(a) and 2(b) of that order.

List of Subjects

45 CFR Part 672

Administrative practice and

procedure, Antarctica.

45 CFR Part 673

Administrative practice and

procedure, Antarctica, Oil pollution,

Vessels.

Dated: May 22, 1998.

Lawrence Rudolph,

General Counsel, National Science

Foundation.

For the reasons set forth in the

preamble, the National Science

Foundation proposes to amend 45 CFR

Part 672, and add 45 CFR Part 673 as

follows:

1. The authority citation for Part 672

continues to read as follows:

Authority: 16 U.S.C. 2401 et seq.

2. The Part Heading to Part 672 is

revised to read as follows:

PART 672—ENFORCEMENT AND

HEARING PROCEDURES

§ 672.3 [Amended]

3. In § 672.3, remove paragraph (h)

and redesignate paragraph (i) as (h).

4. Part 673 is added to read as follows:

PART 673—ANTARCTIC TOURISM

Sec.

673.1 Purpose of regulations.

673.2 Scope.

673.3 Definitions.

673.4 Environmental protection

information.

673.5 Emergency response plan.

Authority: 16 U.S.C. 2401 et seq.

§ 673.1 Purpose of regulations.

The purpose of the regulations in this

part is to implement the Antarctic

Conservation Act of 1978, Public Law
30440 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

95–541, as amended by the Antarctic

Science, Tourism and Conservation Act

of 1996, Public Law 104–227, and

Article 15 of the Protocol on

Environmental Protection to the

Antarctic Treaty done at Madrid on

October 4, 1991. Specifically, this part

is designed to ensure that non-U.S.

flagged vessels supporting nongovernmental expeditions to Antarctica

will have appropriate emergency

response plans. This part is also

designed to ensure that expedition

members are informed of their

environmental protection obligations

under the Antarctic Conservation Act.

§ 673.2 Scope.

The requirements in this part apply to

non-governmental expeditions to or

within the Antarctic Treaty area for

which the United States is required to

give advance notice under Paragraph (5)

of Article VII of the Antarctic Treaty.

§ 673.3 Definitions.

In this part:

Antarctica means the area south of 60

degrees south latitude

Expedition means an activity

undertaken by one or more

nongovernmental persons organized

within or proceeding from the United

States to or within the Antarctic Treaty

area for which advance notification is

required under Paragraph 5 of Article

VII of the Antarctic Treaty.

Person has the meaning given that

term in section 1 of title 1, United States

Code, and includes any person subject

to the jurisdiction of the United States

except that the term does not include

any department, agency, or other

instrumentality of the Federal

Government.

§ 673.4 Environmental protection

information.

(a) Any person organizing a nongovernmental expedition to or within

Antarctica and who does business in the

United States shall notify expedition

members of the environmental

protection obligations of the Antarctic

Conservation Act. Upon request by the

National Science Foundation, the

person organizing such an expedition

shall provide the National Science

Foundation Office of Polar Programs

with copies of materials used to meet

this notification obligation.

(b) The National Science Foundation

Office of Polar Programs may prepare

for publication and distribution

explanation of the prohibited acts set

forth in the Antarctic Conservation Act,

as well as other appropriate educational

material for tour operators, their clients,

and employees. Such material provided

to tour operators for distribution to their

passengers and crew shall be

disseminated prior to or during travel to

the Antarctic.

§ 673.5 Emergency response plan.

Any person organizing an expedition

to or within Antarctica who is

transporting passengers aboard a nonU.S. flagged vessel shall ensure that:

(a) The vessel owner’s or operator’s

shipboard oil pollution emergency plan,

prepared and maintained according to

Regulation 26 of Annex I of the

International Convention for the

Prevention of Pollution from Ships,

1973, as modified by the Protocol of

1978 relating thereto (MARPOL 73/78),

has provisions for prompt and effective

response action to such emergencies as

might arise in the performance of the

vessel’s activities in Antarctica. If the

vessel owner or operator does not have

a shipboard oil pollution emergency

plan, a separate plan for prompt and

effective response action is required.

(b) The vessel owner or operator

agrees to take all reasonable measures to

implement the plan for a prompt and

effective response action in the event of

an emergency, taking into account

considerations of risk to human life and

safety.

[FR Doc. 98–14779 Filed 6–3–98; 8:45 am]

BILLING CODE 7555–01–P

LEGAL SERVICES CORPORATION

45 CFR Parts 1606 and 1625

Termination and Debarment

Procedures; Recompetition Denial of

Refunding

AGENCY: Legal Services Corporation.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

remove the Corporation’s rule on denial

of refunding from the Code of Federal

Regulations and substantially revise the

Corporation’s rule governing the

termination of financial assistance.

These revisions are intended to

implement major changes in the law

governing how the Corporation deals

with post-award grant disputes. The

proposed termination rule also adds

new provisions authorizing the

Corporation to recompete service areas

and to debar recipients for good cause

from receiving additional awards of

financial assistance.

DATES: Comments should be received on

or before August 3, 1998.

ADDRESSES: Comments should be

submitted to the Office of the General

Counsel, Legal Services Corporation,

750 First St. NE., 11th Floor,

Washington, DC 20002–4250.

FOR FURTHER INFORMATION CONTACT:

Office of the General Counsel, 202–336–

8817.

SUPPLEMENTARY INFORMATION: The

Operations and Regulations Committee

(Committee) of the Legal Services

Corporation’s (LSC) Board of Directors

(Board) met on April 5, 1998, in

Phoenix, Arizona, to consider proposed

revisions to the Corporation’s rules

governing procedures for the

termination of funding, 45 CFR part

1606, and denial of refunding, 45 CFR

part 1625. The Committee made several

changes to the draft rule and adopted

this proposed rule for publication in the

Federal Register for public comment.

This proposed rule is intended to

implement major changes in the law

governing how the Corporation deals

with post-award grant disputes.

Prior to 1996, LSC recipients could

not be denied refunding, nor could their

funding be suspended or their grants

terminated, unless the Corporation

complied with sections 1007(a)(9) and

1011 of the LSC Act, 42 U.S.C. 2996 et

seq., as amended. For suspensions, the

Corporation could not suspend financial

assistance unless the recipient had been

provided reasonable notice and an

opportunity to show cause why the

action should not be taken. For

terminations and denials of refunding,

the Corporation was required to provide

the opportunity for a ‘‘timely, full and

fair hearing’’ before an independent

hearing examiner.

In 1996, the Corporation implemented

a system of competition for grants that

ended a recipient’s right to yearly

refunding. Under the competition

system, grants are now awarded for

specific terms, and, at the end of a grant

term, a recipient has no right to

refunding and must reapply as a

competitive applicant for a new grant.

Accordingly, this rule proposes to

remove 45 CFR part 1625, the

Corporation’s regulation on the denial of

refunding, from the Code of Federal

Regulations as no longer consistent with

applicable law.

The FY 1998 appropriations act made

additional changes to the law affecting

LSC recipients’ rights to continued

funding. See Pub. L. 105–119, 111 Stat.

2440 (1997). Section 504 provides

authority for the Corporation to debar a

recipient from receiving future grant

awards upon a showing of good cause.

Section 501(c) authorizes the

Corporation to recompete a service area

when a recipient’s financial assistance

has been terminated. Finally, section

501(b) of the appropriations act