31100 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

3. Changes in Operating Conditions: If GM significantly changes the manufacturing or

treatment process or the chemicals used in the manufacturing or treatment process,

GM must notify the EPA of the changes in writing. GM must handle wastes generated after the process change as hazardous until GM has demonstrated that the

wastes meet the delisting levels set forth in Condition (1), that no new hazardous

constituents listed in Appendix VIII of Part 261 have been introduced, and GM has

received written approval from EPA.

4. Data Submittals: GM must submit the data obtained through annual verification testing or as required by other conditions of this rule to U.S. EPA Region 5, 77 W. Jackson Blvd. (DW–8J), Chicago, IL 60604, within 60 days of sampling. GM must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. GM must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12).

5. Reopener Language—(a) If, anytime after disposal of the delisted waste, GM possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to

the delisted waste indicating that any constituent identified in Condition (1) is at a

level in the leachate higher than the delisting level established in Condition (1), or is

at a level in the ground water or soil higher than the level predicted by the CML

model, then GM must notify the Regional Administrator in writing within 10 days and

must report the data within 45 days of first possessing or being made aware of that

data.

(b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect

human health or the environment. Further action may include suspending, or revoking

the exclusion, or other appropriate response necessary to protect human health and

the environment.

(c) If the Regional Administrator determines that the reported information does require

Agency action, the Regional Administrator will notify GM in writing of the actions the

Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement

providing GM with an opportunity to present information as to why the proposed

Agency action is not necessary or to suggest an alternative action. GM shall have 10

days from the date of the Regional Administrator’s notice to present the information.

(d) If after 10 days GM presents no further information, the Regional Administrator will

issue a final written determination describing the Agency actions that are necessary

to protect human health or the environment. Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the

Regional Administrator provides otherwise.

*******

[FR Doc. 00–12306 Filed 5–15–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–865; MM Docket No. 97–106, RM–

9044, RM–9741]

Radio Broadcasting Services;

Cheyenne, Wyoming and Gering,

Nebraska.

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Allocations Branch at the

request of petitioner, TSB II, Inc. allots

Channel 280C2 at Cheyenne as that

community’s 12th local aural service,

substitutes Channel 239C3 for Channel

280C1 at Gering, Nebraska and modifies

Station’s KOLT–FM license accordingly.

See, 62 FR 15870 (April 3, 1997) The

Branch determined that a new allotment

at Cheyenne was preferable to a

counterproposal of two station upgrade

and one downgrade. Each channel can

be allotted to its respective community

in compliance with the Commission’s

minimum distance separation

requirements. The reference coordinates

for a Channel 280C2 allotment at

Cheyenne, Wyoming, are 41–08–17

North Latitude and 104–48–22 West

Longitude. The reference coordinates for

Channel 239C3 at Gering, Nebraska are

41–51–50 North Latitude and 103–42–

20 West Longitude.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Arthur D. Scrutchins, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–106,

adopted March 31, 2000, and released

April 15, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31101

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wyoming, is amended

by adding Channel 280C2 at Cheyenne.

3. Section 73.202(b), the Table of FM

Allotments under Nebraska, is amended

by removing Channel 280C1 and adding

Channel 239C3 at Gering.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–12254 Filed 5–15–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–917; MM Docket No. 99–134;

RM–9543 and RM–9572]

Radio Broadcasting Services;

Drummond and Victor, MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

268C to Drummond, Montana, in

response to a petition filed by the

Battani Corporation and allots Channel

250C3 to Victor, Montana, in response

to a petition filed by Mountain West

Broadcasting. See 64 FR 24996, May 10,

1999. The coordinates for Channel 268C

at Drummond are 46–16–47 and 113–

31–05. The coordinates for Channel

250C3 at Victor are 46–25–06 and 114–

08–54. Canadian concurrence has been

obtained for Channel 268C at

Drummond. Allotment of Channel

250C3 at Victor is conditioned on

concurrence of the Canadian

Government in accordance with the

1991 Canada-USA FM Broadcast

Agreement. With this action, this

proceeding is terminated.

DATES: Effective June 9, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 99–134,

adopted April 12, 2000, and released

April 25, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Montana, is amended

by adding Drummund, Channel 268C

and Victor, Channel 250C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–12255 Filed 5–15–00; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1804, 1806, 1815, 1823,

1832, and 1845

Contract Financing

AGENCY: Office of Procurement, Contract

Management Division, National

Aeronautics and Space Administration

(NASA).

ACTION: Final rule.

SUMMARY: This final rule amends the

NASA FAR Supplement (NFS) to:

provide guidance on administering

progress payments on indefinitedelivery contracts; delete outdated

performance-based payments guidance;

and provide guidance on using

performance-based payments in

competitive negotiated acquisitions.

These revisions result from the final

FAR rule (FAR Case 98–400) on contract

financing that was published in the

March 27, 2000, Federal Register. This

final rule also makes changes to

conform the NFS with changes made by

FAC 97–15; and makes editorial

corrections and miscellaneous changes

dealing with NASA internal and

administrative matters.

EFFECTIVE DATE: May 16, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Joseph Le Cren, NASA Headquarters,

Code HK, Washington, DC 20546,

telephone: (202) 358–0444, e-mail:

joseph.lecren@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

A final FAR rule was published in the

Federal Register that simplified and

streamlined the administration of

progress payments, and removed the

prohibition against using performancebased payments in contracts for research

and development and contracts awarded

through competitive negotiation

procedures.

The FAR revisions deleted previous

language on the administration of

progress payments under indefinite

delivery contracts that allowed

administration on an overall contract

basis, or for the treatment of a group of

orders as a single unit. However, the

FAR rule also allows for agency

procedures to specify other procedures.

In order to provide contracting officers

with the maximum flexibility for

administering progress payments,

NASA chooses to retain the deleted FAR

language.

The FAR revisions incorporated

language requiring that the amounts of

performance-based payments not result

in unreasonably low or negative level of

contractor investment in the contract

and provide guidance on how the

contracting officer would assure this did

not take place. As a result of this

change, similar NFS language is

unnecessary and is deleted. The FAR

rule also deleted section 32.1006,

Agency Approvals, and the NFS

implementing guidance at 1832.1006 is

no longer necessary and is likewise

deleted.

FAR 32.1001(a) requires two

conditions for the use of performancebased payments: ‘‘the contracting officer

finds them practical, and the contractor

agrees to their use.’’ Although the FAR

does not offer any guidance for

determining practicality of use, the

preamble to the final FAR rule indicates

that, relative to the use of performancebased payments in competitive

negotiations, contracting officers may

consider the effect on the source

selection process and the ‘‘potential

impact on small business

competitiveness’’ among the factors for

determining practicality. In the last few

years, NASA has adopted a number of

source selection streamlining

procedures (awarding without

discussions and requiring no cost

information on firm-fixed-price

competitions) that could be