19386 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules

Room 700, United States Information

Agency, 301 4th Street SW.,

Washington, DC 20547, (202) 619–5030.

SUPPLEMENTARY INFORMATION: The

United States Information Agency

implements and administers the

Agreement for Facilitating the

International Circulation of Visual and

Auditory Materials of an Educational,

Scientific and Cultural Character

(‘‘Beirut Agreement’’), enacted by the

Third General Session of the United

Nations Educational, Cultural and

Scientific Organization (UNESCO), in

Beirut, Lebanon in 1948, 17 U.S.T. 1578.

In order to reconcile the terms of the

Beirut Agreement with recent judicial

decisions and statutory requirements,

the Agency published a notice of

proposed rulemaking on August 12,

1993 (58 FR 42896). After receiving and

considering public comment in

response to this notice of proposed

rulemaking, the Agency published final

regulations at 59 FR 18963 on April 21,

1994. Those regulations made changes

in the substantive criteria by which the

Agency evaluates the character of audio

visual material for certification, and

renumbered the regulations. The

regulations, however, omitted the

provision for serial certifications, a

practice followed informally from 1963

and formally incorporated into Agency

regulations in 1984, at 22 CFR

502.6(b)(6). The provision for serial

certifications was not challenged by

judicial decision; nor was its alteration

or elimination required by statute. This

proposed rule reinstates such provision,

slightly reworded, by adding sections

502.3 (d) and (e).

The provision for serial certification

allows the certification of otherwise

eligible materials that (1) Are produced

in series form (e.g., weekly, bi-weekly,

monthly), (2) are extremely time

sensitive; and therefore the normal

processing of certification decisions

thereon would result in unreasonable

delays and monetary loss to the

producer, and (3) samples are provided

and the educational character of the

future programs can be generally

described before certification and can be

verified by a post-certification review of

the items or through descriptive

material such as a script of the

narration. This provision will therefore

be of benefit to interested parties and

will facilitate the administration of the

program.

To the extent such serial certification

may be deemed a delegation of

administrative authority, the provision

is a valid delegation, as the Agency

retains post-certification review

authority. Such provision is consistent

with relevant judicial precedent. See

United Black Fund, Inc. v. Hampton,

352 F. Supp. 898 (D.D.C. 1972); R.H.

Johnson & Co. v. Securities & Exchange

Comm’n, 198 F.2d. 690 (2nd Cir. 1952);

and United States v. S.A. Empresa de

Viacao Aerea Rio Grandesnse, 467 U.S.

797 (1984). These decisions recognize

the legality of sub-delegations deemed

necessary in agency discretion as

practical methods of accomplishing

agency regulatory functions, as long as

agencies retain ultimate authority to

police compliance.

Regulatory Analysis and Notices

In accordance with 5 U.S.C. 605(5),

the Agency certifies that this rule does

not have a significant adverse economic

impact on a substantial number of small

entities. This rule is not considered to

be a major rule within the meaning of

section 1(b) of Executive Order 12291,

nor does this rule have Federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order 12612.

No additional burden under the

Paperwork Reduction Act, 44 U.S.C.

Chapter 35, will result from the

promulgation of this rule. The Agency

will keep the rulemaking docket open

for 30 days. Comments are invited on

the rule through May 18, 1995.

Following the close of the comment

period, the Agency will respond to the

comments and, if appropriate, amend

the rule.

The Agency is inviting public

comment on this proposed rule

notwithstanding that it is under no legal

requirement to do so. Agency

administration of the Beirut Agreement,

an international treaty, is a foreign

affairs function of the United States. The

Administrative Procedure Act, 5 U.S.C.

553 (a)(1), specifically exempts from

application of the Act foreign affairs

functions of the United States. The

thirty-day period for comment provided

for in this notice may not be deemed a

waiver of the foreign affairs exemption

extended to the Agency under the

Administrative Procedure Act.

List of Subjects in 22 CFR Part 502

Audiovisual material, Education,

Exports, Imports, Trade agreements.

For the reasons set out in the

preamble, 22 CFR part 502 is proposed

to be amended as follows:

PART 502—WORLD-WIDE FREE FLOW

OF AUDIO-VISUAL MATERIALS

1. The authority citation for part 502

continues to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 2051, 22

U.S.C. 1431 et seq; Public Law 102–138, E.O.

11311, 31 FR 13413, 3 CFR 1966–1970

comp., page 593.

2. Section 502.2 is proposed to be

amended by adding, in alphabetical

order, a definition for ‘‘serial

certification’’ to read as follows:

§ 502.2 Definitions.

* * * * *

Serial certification—means

certification by the Agency of materials

produced in series form and which, for

time-sensitive reasons, cannot be

reviewed prior to production; but

samples are provided on application,

and the materials are subject to postcertification review.

* * * * *

3. Section 502.3 is proposed to be

amended by adding new paragraphs (d)

and (e) to read as follows:

§ 502.3 Certification and authentication

criteria.

* * * * *

(d) The Agency may certify or

authenticate materials which have not

been produced at the time of application

upon an affirmative determination that:

(1) The materials will be issued

serially,

(2) Representative samples of the

serial material have been provided at

the time of application,

(3) Future titles and release dates have

been provided to the Agency at the time

of application,

(4) The applicant has affirmed that:

(i) Future released materials in the

series will conform to the substantive

criteria for certification delineated at

paragraphs (a)–(c) of this section;

(ii) Such materials will be similar to

the representative samples provided to

the Agency on application; and

(iii) The applicant will provide the

Agency with copies of the items

themselves or descriptive materials for

post-certification review.

(e) If the Agency determines through

a post-certification review that the

materials do not comply with the

substantive criteria for certification

delineated at paragraphs (a)–(c) of this

section, the applicant will no longer be

eligible for serial certifications.

Ineligibility for serial certifications will

not affect an applicant’s eligibility for

certification of materials reviewed prior

to production.

Dated April 12, 1995.

Les Jin,

General Counsel.

[FR Doc. 95–9497 Filed 4–17–95; 8:45 am]

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Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules 19387

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Indian Health Service

25 CFR Part 900

RINS 0905–AC98: 1076–AC20

Indian Self-Determination and

Education Act Amendments

AGENCIES: Departments of the Interior

and Health and Human Services.

ACTION: Notice of withdrawal of

proposed rule.

SUMMARY: The Secretaries of the

Department of the Interior and the

Department of Health and Human

Services proposed, in the Federal

Register of January 20, 1994, (59 FR

3166), a joint rule to implement

Sections 1 through 9 and Title I, Indian

Self-Determination Act and Pub. L. 100–

472, the Indian Self-Determination and

Education Assistance Act Amendments

of 1988. This proposed rule is hereby

withdrawn. New regulations may be

issued in accordance with Pub. L. 103–

413, 108 Stat. 4250, Indian SelfDetermination Act Amendments of

1994, enacted October 25, 1994.

Approved: March 15, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs, DOI.

Dated: March 27, 1995.

Philip R. Lee, M.D.,

Assistant Secretary for Health—DHHS.

Approved: April 11, 1995.

Donna E. Shalala,

Secretary—DHHS.

[FR Doc. 95–9442 Filed 4–17–95; 8:45 am]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[FI–43–94]

RIN 1545–AS87

Netting Rule for Certain Conversion

Transactions; Hearing Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to the amount of gain from a conversion

transaction position that is subject to

recharacterization as ordinary income.

DATES: The public hearing originally

scheduled for Tuesday, April 25, 1995,

beginning at 10 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190, (not a toll-free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

regulations under section 1258(a) of the

Internal Revenue Code of 1986. A notice

of proposed rulemaking and notice of

public hearing appearing in the Federal

Register for Tuesday, December 27,

1994 (59 FR 66498), announced that the

public hearing on proposed regulations

under section 1258(a) of the Internal

Revenue Code of 1986 would be held on

Tuesday, April 25, 1995, beginning at 10

a.m., in the IRS Auditorium Internal

Revenue Building, 1111 Constitution

Avenue NW., Washington, D.C.

The public hearing scheduled for

Tuesday, April 25, 1995, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–9542 Filed 4–17–95; 8:45 am]

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