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Citation: 41 Fed. Reg. 53661 1976

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### RULES AND REGULATIONS

the directreferral caes listed in Subparagraph AL2 ofSection I may be settled or compromisedby a United States Attorney without the priorapprovalof the Assistant Attorney General of the LandandNatural ResourcesDivision. 3. CompromiseofCondemnation Cases. (a) Subject tothelimitations imposed In Paragraph D of this section, United States Attorneys are hereby authorized, without the prior approval of the Land and Natural Resources Division, to ac- cept or reject offers in compromise of claims against the United States forjust compensation in condemnation proceedings in any case in which

(i) The gross amount of the proposed settlement does not exceed $40,000; and

(ii) The settlement is approved in writing (the written (ipprovalto be re- tained in the file of the United States Attorney concerned) by the authorized field representative of the acquiring agency if the amount of the settlement exceeds the amount deposited with the declaration oftaking as totheparticular tract oflandifivolved; and

(iiI) The amount of the settlement is compatible with the sound appraisal, or appraisals, upon which the United States would rely as evidence in the event of trial, due regard being had for probable minimum trialcosts andrisks; and

(iv) The case does not Involve the re- vestment of any-land or improVements

or any interest, or interests, in landiunder the Act of October 21, 1942, 56 Stat. 797 (40 U.S.C. 258f). 3(b). When a United StatesAttorneyhas settled a condemnationproceeding under the authority conferred upon him by the foregoing subparagraph, he shall promptly -ecure the entry ofjudgment and distribution of the award, and shall take all other steps necessEry to dispose of the matter completely. The United States Attorney concerned shall also immediately forward to the Department a report, in the form of a letter or memorandum, bearing his signature or showing his personal approval, stating-the action taken and containing an adequate statement of the reasoni therefor. In routine cases, a form, containing'the minimum elements of the required report, may be used in lieu of a letter or memorandum. In any case, special -care shall be taken to see that the report contains a statement as to 'what the valuation testimony of the United Stateswouldhave beenif thecase had been tried.

4. ClosingorDismissalofMattersand Cases.Subject tothelimitations imposed in Paragraph D of this section, a direct referral matter described in Section I may be closed without action by the United States Attorney or, if filed in court, may,be dismissed by him, if the field officer ofthe interested agency concurs in writing that it is without merit legally orfactually.Except for claims on behalf of Indians or Indian tribes, the United States Attorneymay close a claim without consulting the field officer of the interested agencyIf the claim is for
.money only and if he concludes (a) that the cost of collection under the circumstances would exceed the amount ofthe claim, or (b) thatthe claimI" uncollectable.Withrespect to claims asserted by theUnited Statesonbehalfofindividual Indians or Indian trlbe3, the United States Attorney may close a claimwithout consulting the field officer of the interested agency If the claim is for money only and ifhe concludes that the claim is uncollectable; claims on behalf ofIndian Individuals andtribes maynot be closed merely because thecost of collection might exceed the amount of the claim.

D.Limitationsondelegations.Theau- thority to compromise, close or dismiss

cases delegated by Paragraphs A.B and C of this section may not be exerclsdd when,

(a) For any reason, the compromise of a particular claim, as a practical matter, will control or adversely Influ-

ence the disposition of other claims totaling more than the respective amounts designated above; (b) Because a novel question of law

or a question of policy Is presented, or for any other reaton, the offer should. in the opinion ofthe officer or employee concerned,receivethepersonal attention of the Assistant Attorney General in charge of the Land and Natural Re-

sourcesDivision; and

(c) The agency or agencies involved

are opposed to the proposed closing or dismissal of a case, or acceptanco orre- jection ofthe offerin compromise.

If any of the conditions listed above exist, the matter shall be submitted for resolution to the Assistant Attorney General in charge of the Land and NaturalResources Division.

Effective date of thfs dfrctec.This Directive shall be effective on DEcember 8, 1976.

Dated: October29,1976.
P=EnaR. Tsrr, Assistant Attorney General,

Land and NaturalRe3ource Division. Approved:

HAROLD R.TyLEn, Jr.,

DeputyAttorneyGeneral,

Department ofJusticc. 

### IFFDoc-o-3 6021Fled 12-7-70;0. 4 amI

Title 40-Protection of Environment CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER C-AIR PROGRAMS [FRL 053-71 PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Approval of Revision to Great Basin Unified Air Pollution Control District Rules and Regulations in the State of California; Revocation of Substitute Regu- lations On April 21, 1976, the State of California submitted to the Regional Administrator, RegionIX, arevision of the GreatBasinUnifiedAirPollutlon Control District Regulation fl-Permits. As revised., Great Basin Unified Air Pollution ControlDistrictRegulation IL Rules200- 216, will provide a procedure by which
persons, who wish to construct, modify

or operate any article, machine, equipment., or other contrivance that may

cause the issuance of air contaminants.
maybe granted a permil to do so.Aperrmlt shall not be granted, however, if it is determined that such construction, modification, or operation would interfere with theattainment ormaintenance ofaNational AmbientAir Quality Standard.

The State of California has submitted proof that this revision to its State Implementation Plan.vas adopted after a public hearing was held on March 10. 1976. in BIshop, California, after notice conforming to 40 CPR Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans, was given.

On August 17, 1976 (41 FR 34782) the Environmental Protection Agency- advised thepublic ofrecelpt of therevised Great Basin Unified Air Pollution Control DistrictRegulation 3ZRules 200-216 and requested public comments within thirty (30) days. No comments were re- celved.

Aftera thorough reviewof GreatBasin Unified Air Pollution Control Districts revised Regulation I, Rules 200-216 comparing them to the requirements of Clean Air Act Section 110(a) (2) (A-H). the requirements of40 CER Part51, Requirements for Preparation, Adoption. and Submittal ofImplementation Plans, and particularly 40 CFR 51.18, review of

now sources and modifications, the Administrator hereby approves Rules 200. 201, 202, 203, 204, 205, 209, 210, 211, 212. 213, 214, and 216 as part of the State ImplementationPlan. Rules 206, 207 and 208, pertaining to Emission Monitoring andRipe 215, pertaining toPublicAvailability ofEmizsionData,will be acted on in 

### separate Bwrr 

### Rncasrr notices.

In accordance with this approval the Administrator hereby deletes 40 CFR 52.233 (d) (1) and (g) (1) (1) which were substitute regulations, implemented and enforced by EPA, for the review of neu
sources and modifications in the Great 

### BasinUnified Air PollutionControlDistrict. This approval transfers primary authority for implementation and enforcement from EPA to the District.

The Adminitrator finds goodcause for mading this rulemaking effective immediately since the regulations being approved by the Administrator are currently being enforced by the State and lo 'l Air Pollution Control Agencies.

Thisnotice IsLsued underthe authority ofsection 110 ofthe Clean AirAct, amended (42 U.S.C. 1857c-5).

Dated: December 2,1976.
JoWr QUAnLS, ActingEnvironmental Protection Agency Administrator.

Part 52 of Chapter I, Title 40 of tha Code of Federal Regulations i- amended
a:; follows:

FEDERAL REGISTER, VOL 41, NO. 237-WEDNESDAY, OECEMBER 8, 1976

HeinOnline -- 41 Fed. Reg. 53661 1976RULES AND REGULATIONS

SubpartF1. Section 52.220, vised to read as fo 

### § 52.220 Identifie

(c) * * (31) Revised regt submitted on April ernor's designee. (I) Great Basin (a) Rules 200-21 2. Section 52.233 and (g) (1) (1) are r 

### § 52.233 Review modifications.

(d) * * * (1) [Reserved] of new sources and

* *

- $

* .4 4

. 4 (g) * , * 

### (1) * ** (1) [Reserved]
[FR Do0.76-36098 Piled 12-7-76;8:45 am]

Title 41-Public Contracts and Property Management CHAPTER 1-FEDERAL PROCUREMENT REGULATIONS iPPRAmdt. 1761 Preference for U.S. Flag Air Carriers and Procurement of Products of the Handicapped, This amendment of the Federal Procurement Regulations (FPR) makes changes in Subparts 1-1.3, General Policies, and 1-5.8, Procurement ofProducts of the Blind and Other Severely Handicapped. Regarding General Policies, §1-1.323, Preference for U.S. flagair car- riers, reflects therequirements ofPub.L. 93-623 of January 3, 1975. This Act re- quires the Comptroller General of the United States to disallow paypents to contractors who use non-U.S..flag air carriers; i.e., noncertificated fir carriers when such use is not satisfactorily prov- en. The General Accounting Ofee (GAO) prescribed criteria intheJune 17, 1975, Comptroller General's memoran- dum (B-138942) entitled "Guidelines for Implementation ofsection 5oftheInternational Air Transportation Fair Competitive Practices Act of 1974" regarding the availability or unavailability of cer- tificated air carriers. Section 1-1.323 alsoincludes those criteria. GAO has issued a revised "Guidelines" memorandum (B138942) dated March 12, 1976, which includes additional criteria designedtopreventunreasonable delays inofficialtravel

over relatively hort distances. This amendment refLcts the new criteria. With respect to the Procurement of Products oftheBlindand Other Severely Handicapped, thefollowing changes have been made.Sections 1-5,800, 1-5.801, and 1-5.802 have been revised to change the

name ofthe organization responsible for the programto "Committee forPurchase from theBlindand Other SeverelyHandicapped." A definition of "Direct Labor" has been addedto §1-5.802. In addition, § 1-5.804 has been changed to reflect the PART 1-1-GENERAL , Subpart !-1.3--General Policies
Section 1-1.323-3(b) is amended to add paragraph (4) as follows: § 1-1.323-3 "Availability or unavailabilityofcertificated aircarrier.

(b) * * (4) When the elapsed traveltime on a scheduled flight from origin to destination airports by noncertificated air car- rier(s) is 3 hours or less, and service by certificated air carrier(s) would involve twice such scheduled traveltime.

PART 1-5--SPECIAL AND DIRECTED SOURCES OF SUPPLY Subpart 1-5.8-Procurement of Products

ofthe Blind and Other Severely Handicapped Section 1-5.800 is revised as follows: § 1-5.800 Scope of'subpart.

This subpart prescribes policies and procedures for carrying out the requirements of the Wagner-ODay Act, as amended (Pub.L. 92-28, 85 Stat. 77 (41 U.S.C. 46-48c)), and the rules of the Committee for Purchase from the Blind and Other Severely Handicapped (41 CFR Part51; 38 FR 16316, June 21, 1973; 38 FR 19045, July 16, 1973; as amended by 39FR 35365, October 1, 1974).

Section 1-5.801 is amended as follows: 

### § 1-5.801 General.,

4 4 * * * (b) A listing of commodities and serv- Ices which shall be purchased from workshops for the blind and other se- verely handicapped-is contained in the Procurement Listpublished bythe Committee for Purchase from the Blind and Other Severely Handicapped and distributed by the- General Services Administration (GSA). Copies ofthe Procurement List maybe obtained by submitting GSA Form 457, FSS Publications Mailing- List Application, to the General Services, Administration, Building 41, Federal Center, Denver, Colorado 00225. The Procurement List is Identified by Mailing Code OSC-0002. All other correspondence to the Committee should be addressed to the Executive Director of the Committee at the address listed on the inside front cover of the ProcurementList.

Section 1-5, 802is amended asfollows: --

California transfer of the central nonprofit agency paragraph (c) Is re- functions for all nonblind workshops to Ilows: the National Industries for the Severely Handicapped, Inc. The designations of 'tion ofPlan. five national organizations as central

o , , nonprofit agencies were withdram (41 PR 26905, June 30, 1976). The change lation for 13APCI~s also reflects the designation of the Na21, 1976, by the Gov- tional Industries for the Blind as the centralnonprofit agencyfor theproducts Unified APCD of all blind workshops. The amendment 6 also includes an editorial correction which involves the insertion in §1-16.101 :, paragraphs (d) (1) ofa reference to a minority business en- revoked and reserved. terpriSerepresentation.

FEDERAL REGISTER,, VOL 41, NO. 237-WEDNESDAY, DECEMBER 8, 1976 § 1-5.802 Definitions.

* * * 0 0 (b) "Committee" means the Committee for Purchase from the Blind and Other Severely Handicapped.
O * 0 * (k) "Direct labor" means all work re- quired for preparation, processing, and packing of a commodity or work directly related to the performance of a vervico but not supervision, administration, Inspection, orshipping.

Section 1-5. 804-2is revised asfollows: § 1-5.804-2 Names and addres&Cn.

The following central nonprofit agencies represent all workshops providing commodities or services for sale in the Procurement List: Agency 

### Symbol National Industries for tho 13lind, 1511 ID

K Street,NW., Suite 1043, Washbng- ton, D.C. 20005. National Industries for tho Soverely 811

Handicapped, 4350 East-West Highway, Suite 1120, Washington, D.C. 20014.
All letter requests for allocatlons shall be submitted to the appropriate non- profit agency, as Indicated on the Procurement ist.

PART 1-16-PROCUREMENT FORMS Subpart 1-16.1-Forms for Advertised SupplyContracts
Section 1-16.101 reads as follows: § 1-16.101 Contract forns.

(a) Solicitation, Offer and Award (Standard Form 33, November 1969 edition). Pending the publication of a now edition oftheform,Block 9 maybe modifed by deleting the present provision of Item 1 and by substituting therefor thefollowing provision topermit Standard Form 33A to be Incorporated by reference:

(1) Solicitation Instructions and Condttions, SF 33A------- edition, which ia attached or Incorporated herein by rOforoneo.

In addition, the Clean Air and Water Certification prescribed in §1-1.2302-1 shall be added as Item 10 to the Representations, Certifications, and Acknowledgements on the back of the form.Further, the solicitation representation proscribed by §1-1.1303 shall be added a Item 11 of the Representations, Certifications, and Acknowledgements.

(See. 205(c), 63 Stat. 390; 40 U.S.C, 4.0(c))

Effective date: This amendment i, effective February 7, 1977.

The General Service Administration has determined ,thatthis document does
not contain a major proposal requiring preparation of an Inflation Impact Statement under Executive Order 11021 and OMB Circular A-107.

Dated: November 29, 1970. JACK Eca0=a, Administratoro1 GeneralScrvlces, [FR Doo.76-35082 :Fied12-7-76;0:45 am] 

### 53662

HeinOnline -- 41 Fed. Reg. 53662 1976