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Citation: 41 Fed. Reg. 53661 1976 

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RULES AND REGULATIONS

the direct referral caes listed in Subparagraph AL2 of Section I may be settled or compromised by a United States

Attorney without the prior approval of

the Assistant Attorney General of the

Land and Natural Resources Division.

3. Compromise of Condemnation Cases.

(a) Subject to the limitations 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 for just

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 (ipproval to 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 of taking as to the particular

tract of land ifivolved; 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 trial costs and risks; 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 States Attorney has settled a condemnation proceeding under the authority conferred upon him by the foregoing

subparagraph, he shall promptly -ecure the entry of judgment 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 States would have been if the case had been tried.

4. Closing or Dismissal of Matters and

Cases. Subject to the limitations 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 of the interested agency concurs in writing that it is without merit

legally or factually. Except for claims on behalf of Indians or Indian tribes, the

United States Attorney may close a claim

without consulting the field officer of

the interested agency If the claim is for

.money only and if he concludes (a) that

the cost of collection under the circumstances would exceed the amount of the

claim, or (b) that the claim I" uncollectable. With respect to claims asserted by

the United States on behalf of individual

Indians or Indian trlbe3, the United

States Attorney may close a claim without consulting the field officer of the

interested agency If the claim is for

money only and if he concludes that the

claim is uncollectable; claims on behalf

of Indian Individuals and tribes may not

be closed merely because the cost of collection might exceed the amount of the

claim.

D. Limitations on delegations. The au- 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 of the officer or employee concerned, receive the personal attention

of the Assistant Attorney General in

charge of the Land and Natural Re- sources Division; and

(c) The agency or agencies involved are opposed to the proposed closing or dismissal of a case, or acceptanco or re- jection of the offer in 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

Natural Resources Division.

Effective date of thfs dfrctec. This

Directive shall be effective on DEcember 8, 1976.

Dated: October 29,1976.

P=EnaR. Tsrr,

Assistant Attorney General,

Land and Natural Re3ource

Division.

Approved:

HAROLD R. TyLEn, Jr.,

DeputyAttorney General,

Department of Justicc.

IFF Doc-o-3 6021 Fled 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, Region IX, a revision of the

Great Basin Unified Air Pollutlon Control

District Regulation fl-Permits. As revised., Great Basin Unified Air Pollution

Control District Regulation IL Rules 200-

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.

may be granted a permil to do so. A perrmlt shall not be granted, however, if it

is determined that such construction,

modification, or operation would interfere with the attainment or maintenance

of aNational Ambient Air 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 the public of recelpt of the revised

Great Basin Unified Air Pollution Control District Regulation 3Z Rules 200-216

and requested public comments within

thirty (30) days. No comments were re- celved.

After a thorough review of Great Basin

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 of 40 CER Part 51, Requirements for Preparation, Adoption.

and Submittal of Implementation 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

Implementation Plan. Rules 206, 207 and

208, pertaining to Emission Monitoring

and Ripe 215, pertaining to Public Availability of Emizsion Data, 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

Basin Unified Air Pollution Control District. This approval transfers primary

authority for implementation and enforcement from EPA to the District.

The Adminitrator finds good cause 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.

This notice Is Lsued under the authority of section 110 of the Clean Air Act,

amended (42 U.S.C. 1857c-5).

Dated: December 2,1976.

JoWr QUAnLS,

Acting Environmental

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 1976
RULES 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

iPPR Amdt. 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 of Products

of the Blind and Other Severely Handicapped. Regarding General Policies,

§ 1-1.323, Preference for U.S. flag air car- riers, reflects the requirements of Pub. 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 in the June 17, 1975, Comptroller General's memoran- dum (B-138942) entitled "Guidelines for

Implementation of section 5 of the International 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 designed to prevent unreasonable delays in official travel over relatively hort distances. This

amendment refLcts the new criteria.

With respect to the Procurement of

Products of the Blind and Other Severely

Handicapped, the following changes have

been made. Sections 1-5,800, 1-5.801, and

1-5.802 have been revised to change the

name of the organization responsible for

the program to "Committee for Purchase

from the Blind and Other Severely Handicapped." A definition of "Direct Labor"

has been added to § 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 unavailability of certificated air carrier.

(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

of the 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 39 FR 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 List published by the Committee for Purchase from the Blind and

Other Severely Handicapped and distributed by the- General Services Administration (GSA). Copies of the Procurement List may be 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 Procurement List.

Section 1-5, 802 is amended as follows:

--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 of Plan. five national organizations as central o , , nonprofit agencies were withdram (41

PR 26905, June 30, 1976). The change

lation for 13 APCI~s also reflects the designation of the Na21, 1976, by the Gov- tional Industries for the Blind as the

central nonprofit agency for the products

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) of a reference to a minority business en- revoked and reserved. terpriSe representation.

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, or shipping.

Section 1-5. 804-2 is revised as follows:

§ 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

Supply Contracts

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 of the form, Block 9 may be modifed by deleting the present provision of Item 1 and by substituting therefor

the following provision to permit 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 ,that this 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,

Administrator o1 General Scrvlces,

[FR Doo.76-35082 :Fied 12-7-76;0:45 am]

53662

HeinOnline -- 41 Fed. Reg. 53662 1976