7908 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations

purposes. A bank that adopts a policy to

deduct these amounts must apply that

approach consistently in all future

calculations of the amount of disallowed

deferred tax assets under section 2(c)(1)(iii)

of this appendix A.

(ii) Consolidated groups. The amount of

deferred tax assets that a bank can realize

from taxes paid in prior carryback years and

from reversals of existing taxable temporary

differences generally would not be deducted

from capital. However, for a bank that is a

member of a consolidated group (for tax

purposes), the amount of carryback potential

a bank may consider in calculating the limit

on deferred tax assets under section

2(c)(1)(iii) of this appendix A, may not

exceed the amount that the bank could

reasonably expect to have refunded by its

parent holding company.

(iii) Nontaxable Purchase Business

Combination. In calculating the amount of

net deferred tax assets under section

2(c)(1)(iii) of this appendix A, a deferred tax

liability that is specifically associated with

an intangible asset (other than purchased

mortgage servicing rights and purchased

credit card relationships) due to a nontaxable

purchase business combination may be

netted against that intangible asset. Only the

net amount of the intangible asset must be

deducted from Tier 1 capital. Deferred tax

liabilities netted in this manner cannot also

be netted against deferred tax assets when

determining the amount of net deferred tax

assets that are dependent upon future taxable

income.

(iv) Estimated future taxable income.

Estimated future taxable income does not

include net operating loss carryforwards to

be used during that year or the amount of

existing temporary differences expected to

reverse within the year. A bank may use

future taxable income projections for their

closest fiscal year, provided it adjusts the

projections for any significant changes that

occur or that it expects to occur. Such

projections must include the estimated effect

of tax planning strategies that the bank

expects to implement to realize net operating

losses or tax credit carryforwards that will

otherwise expire during the year.

(4) Deductions from total capital. The

following items are deducted from total

capital:

* * * * *

Dated: February 3, 1995.

Eugene A. Ludwig,

Comptroller of the Currency.

[FR Doc. 95–3364 Filed 2–9–95; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF DEFENSE

Defense Mapping Agency

32 CFR part 320

[DMA Instruction 5400.11]

Privacy Program

AGENCY: Defense Mapping Agency,

DOD.

ACTION: Final rule.

SUMMARY: The Defense Mapping Agency

is amending its Privacy Act Regulation

by removing three exemption rules,

updating request for information

procedures, and the list of

organizational addressees.

EFFECTIVE DATE: February 3, 1995.

FOR FURTHER INFORMATION CONTACT: Ms.

Helen Sharetts-Sullivan at (703) 285-

9315.

SUPPLEMENTARY INFORMATION: Executive

Order 12866. The Director,

Administration and Management, Office

of the Secretary of Defense has

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act of 1980. The

Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense does

not have significant economic impact on

a substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. The

Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense

imposes no information requirements

beyond the Department of Defense and

that the information collected within

the Department of Defense is necessary

and consistent with 5 U.S.C. 552a,

known as the Privacy Act of 1974.

List of Subjects in 32 CFR Part 320

Privacy

For reasons set forth in the Preamble,

32 CFR part 320 is amended as follows:

PART 320 - DEFENSE MAPPING

AGENCY (DMA) PRIVACY PROGRAM

1. The authority citation for 32 CFR part

320 continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. The heading of 32 CFR part 320 is

revised to read as set forth above.

3. Section 320.3 is amended by revising

paragraph (b), introductory text,

paragraph (c), introductory text,

paragraph (c)(2), and (e) to read as

follows;

§ 320.3 Procedures for requests for

information pertaining to individual records

in a record system.

* * * * *

(b) Any individual requesting such

information in person may present

himself at HQ DMA or at the principal

office of the DMA Component or Staff

Office (please refer to the DMA address

list at paragraph (e) of this section)

thought to maintain the record in

question and shall provide:

* * * * *

(c) Any individual requesting such

information by mail shall address his

request to the Director, Defense

Mapping Agency, or to the Director of

the DMA Component or Staff Office

(refer to paragraph (e) of this section)

thought to maintain the record in

question and shall include in such

request the following:

* * * * *

(2) A notarized statement or unsworn

declaration in accordance with 28

U.S.C. 1746 to verify his identify, if, in

the opinion of the DMA custodian of the

record, the sensitivity of the material

involved warrants.

* * * * *

(e) HQ DMA and Component address

list:

(1) Director, ATTN: GCI St A–7,

Defense Mapping Agency, 8613 Lee

Highway, Fairfax, VA 22031–2137.

(2) DMA Aerospace Center, 3200

South Second Street, St. Louis, MO

63118–3399.

(3) DMA Hydrographic/Topographic

Center, 4600 Sangamore Road,

Bethesda, MD 20816–5003.

(4) DMA Combat Support Center,

6001 MacArthur Boulevard, Bethesda,

MD 20816–5501.

(5) DMA Reston Center, 12310

Sunrise Valley Drive, Reston, VA

22091–3414.

(6) DMA Systems Center, 4600

Sangamore Road, Bethesda, MD 20816–

5003.

(7) Comptroller, St A–4, Defense

Mapping Agency, 8613 Lee Highway,

Fairfax, VA 22031–2137.

(8) Deputy Director for Human

Resources, St A–8, Defense Mapping

Agency, 8613 Lee Highway, Fairfax, VA

22031–2137.

(9) Deputy Director for International

Programs, St A–20, Defense Mapping

Agency, 8613 Lee Highway, Fairfax, VA

22031–2137.
Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations 7909

(10) General Counsel, St A–7, Defense

Mapping Agency, 8613 Lee Highway,

Fairfax, VA 22031–2137.

(11) Deputy Director for Acquisition,

St A-3, Defense Mapping Agency, 8613

Lee Highway, Fairfax, VA 22031–2137.

(12) Deputy Director for Command

Information, St A–11, Defense Mapping

Agency, 8613 Lee Highway, Fairfax, VA

22031–2137.

* * * * *

4. Section 320.11 is revised to read as

follows:.

§ 320.11 Specific exemptions.

All systems of records maintained by

the Defense Mapping Agency and its

components shall be exempt from the

requirements of 5 U.S.C. 552a(d)

pursuant to 5 U.S.C. 552a(k)(1), to the

extent that the system contains any

information properly classified under

Executive Order 12356 and that is

required by that Executive Order to be

kept secret in the interest of national

defense or foreign policy. This

exemption is applicable to parts of all

systems of records including those not

otherwise specifically designated for

exemptions herein which contain

isolated items of properly classified

information.

Dated: February 2, 1995.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–3313 Filed 2–9 –95; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis 95–001]

RIN 2115–AA97

Safety Zone; Mississippi River, mile

57.8 to mile 55.8

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the

Mississippi River. This regulation is

needed to control vessel traffic in the

regulated area to facilitate construction

of stone filled weirs in or near the

navigable channel to ensure the safety of

the construction workers. The

regulation will restrict navigation in the

regulated area.

EFFECTIVE DATE: This regulation is

effective on January 30, 1995 and will

terminate on March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Siddall, Operations Officer, Captain

of the Port, St. Louis, Missouri at (314)

539–3823.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are

LTJG Andrew Cheney, Project Officer,

Marine Safety Office, St. Louis, Missouri

and LT S. M. Moody, Project Attorney,

Second Coast Guard District Legal

Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation and

good cause exists for making it effective

in less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impracticable. Specifically, the

construction of the weirs can only be

undertaken below certain river stages

and due to the dynamic nature of the

river, insufficient time exists to publish

a notice of proposed rulemaking. As a

result, the Coast Guard deems it to be in

the public’s best interest to issue a

regulation immediately.

Background and Purpose

The Army Corps of Engineers

continues to improve channel

maintenance through constructing

passive channelizing structures. The

construction of the stone filled weirs is

necessary in this historically

troublesome area. As a result of this

construction this regulation is necessary

to provide safe working conditions and

navigation within the affected area.

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 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 10E of the

regulatory policies and procedures of

DOT is unnecessary because the

restrictions are anticipated to be of short

duration. Changes will be announced by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHZ). Mariners may

also call the Port Operations Officer,

Captain of the Port, St. Louis, Missouri

at (314) 539–3823 for current

information.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq).

Federalism Assessment

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that it does

not raise 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 section 2.B.2.

of Commandant Instruction M16475.1B,

this regulation is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Records and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section 165.T02–027

is added, to read as follows:

§ 165.T02–027 Safety Zone: Mississippi

River.

(a) Location. The Mississippi River

between mile 57.8 and 55.8 is

established as a safety zone.