3984 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Rules and Regulations

processors voting in the preceding

referendum.

(b) * * *

(1) * * *

(2) By fluid milk processors voting in

the referendum that marketed during a

representative period, as determined by

the Secretary, 40 percent or more of the

volume of fluid milk products marketed

in the United States by fluid milk

processors voting in the referendum.

11. In § 1160.604, paragraph (a) is

amended by adding the phrase ‘‘For the

purpose of adjusting the rate of

assessment,’’ at the beginning to the

sentence.

12. Section 1160.605 is revised to read

as follows:

§ 1160.605 Scheduling of referendum.

A referendum shall be held:

(a) Whenever prescribed by the order;

(b) For the purpose of adjusting the

rate of assessment:

(1) At the direction of the Secretary;

or

(2) Upon request of the Board or upon

request of any group of fluid milk

processors that marketed during a

representative period, as determined by

the Secretary, 10 percent or more of the

volume of fluid milk products marketed

by all processors of fluid milk in the

United States during that period; or

(c) For the purpose of suspending or

terminating the order:

(1) At the direction of the Secretary;

or

(2) Upon request of the Board or upon

request of any group of fluid milk

processors that marketed during a

representative period, as determined by

the Secretary, 10 percent or more of the

volume of fluid milk products marketed

by fluid milk processors voting in the

preceding referendum.

Dated: January 21, 1997.

Michael V. Dunn,

Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 97–2042 Filed 1–27–97; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 9

RIN 3150–AF60

Duplication Fees

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations by revising the charges for

copying records publicly available at the

NRC Public Document Room in

Washington, DC. The amendment is

necessary to reflect the change in

copying charge resulting from the

Commission’s award of a new contract

for the copying of records.

EFFECTIVE DATE: January 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Smith, Public Document

Room, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

telephone 202–634–3366.

SUPPLEMENTARY INFORMATION: The NRC

maintains a Public Document Room

(PDR) at 2120 L Street, NW (Lower

Level), Washington, DC. The PDR

contains an extensive collection of

publicly available technical and

administrative records that the NRC

receives or generates. Requests by the

public for the duplication of records at

the PDR have traditionally been

accommodated by a duplicating service

contractor selected by the NRC. The

schedule of duplication charges to the

public was established in the

duplicating service contract. The

revised fee schedule reflects the changes

in copying charges to the public that

have resulted from the awarding of the

new contract for the duplication of

records at the PDR.

Because this is an amendment dealing

with agency practice and procedure, the

notice provisions of the Administrative

Procedure Act do not apply pursuant to

5 U.S.C. 553(b)(A). In addition, the PDR

users were notified on November 14,

1996, that the new contract was being

awarded and that the new prices would

go into effect on November 14, 1996.

The amendment is effective upon

publication in the Federal Register.

Good cause exists to dispense the usual

30-day delay in the effective date

because the amendment is of a minor

and administrative nature dealing with

agency procedures.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

major rule and has verified this

determination with the Office of

Information and Regulatory Affairs of

OMB.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

in categorical exclusion 10 CFR

51.22(c)(1). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule does not contain a new

or amended information collection

requirement subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing requirements were

approved by the Office of Management

and Budget approval number 3150–

0127.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

Regulatory Analysis

The Nuclear Regulatory Commission

is amending its regulations governing

the rates charged for copying records at

the NRC Public Document Room due to

the signing of a new contract for the

copying of records. This rule has no

significant impact on health, safety or

the environment. There is no substantial

cost to licensees, the NRC or other

Federal agencies.

Backfit Analysis

The NRC has determined that the

Backfit Rule, 10 CFR 50.109, does not

apply to this final rule and that a backfit

analysis is not required for this final

rule, because these amendments of

regulations do not involve any

provisions which would impose backfits

as defined in 10 CFR 50.109 (a)(1).

List of Subjects in 10 CFR Part 9

Criminal penalties, Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Sunshine

Act.

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954, as amended,

5 U.S.C. 552 and 553, the NRC is

adopting the following amendment to

10 CFR Part 9.

PART 9—PUBLIC RECORDS

1. The authority citation for part 9

continues to read as follows:

Authority: Sec. 161, 68 Stat, 948, as

amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

Subpart A also issued under 5 U.S.C.

552; 31 U.S.C. 9701; Pub. L. 99–570.

Subpart B also issued under 5 U.S.C.

552a. Subpart C also issued under 5

U.S.C. 552b.

2. In § 9.35, paragraphs (a)(1), (a)(2),

and (a)(3) are revised to read as follows:
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Rules and Regulations 3985

§ 9.35 Duplication fees.

(a)(1) Charges for the duplication of

records made available under § 9.21 at

the NRC Public Document Room (PDR),

2120 L Street, NW. (Lower Level),

Washington DC, by the duplicating

service contractor are as follows:

(i) Paper to paper reproduction is

$0.08 per page up to and including

8.5x14 inches. Pages 11x17 inches are

$0.15. Pages larger than 11x17 inches

are $1.50 each.

Note: Pages greater than legal size, 8.5x14

inches and smaller than or equal to 11x17

inches shall be reduced to legal size and

reproduced for $0.08 per page, unless the

order specifically requests full size

reproduction.

(ii) Microfiche to paper reproduction

is $0.08 per page. Aperture card

blowbacks are $3.00 (reduced size) or

$5.00 (full size).

(iii) Microfiche duplication is $0.75

per card. Aperture card duplication is

$1.00.

(iv) Diskette to diskette duplication is

$2.92. Video cassette duplication is

$15.00 per cassette. Audio tape

duplication is $3.00 per tape. Slide/

Negative duplication is $5.00 each;

photographs up to 8x10 inches is $10.00

per print. Electronic full text/citation

reproduction to diskette is available at

$3.00 per diskette or $0.08 per page.

(v) Rush processing is offered for

standard size paper to paper and

blowbacks, excluding standing order

documents and pages reproduced from

bound volumes. The charge is $0.15 per

page. The rush processing for

microfiche duplication is $1.00. Diskette

rush processing is $4.96.

(vi) Facsimile charges are: $0.30 per

page-local calls; $0.50–U.S. long

distance; and $1.50-foreign long

distance.

(2) Self-service duplicating machines

are available at the PDR for the use of

the public. Paper to paper copying is

$0.08. Microfiche to paper is $0.10 per

page on the reader printers.

(3) A requester may submit mail-order

requests for contractor duplication of

NRC records by writing, faxing, calling

or e-mailing the NRC Public Document

Room. The charges for any of the

requests are the same as those set out in

paragraph (a)(1) of this section, plus

mailing or shipping charges.

* * * * *

Dated at Rockville, Maryland, this 22nd

day of January, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–1992 Filed 1–27–97; 8:45 am]

BILLING CODE 7590–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Waiver of the Nonmanufacturer

Rule for 8mm Tri-Deck Airborne

Recorder (ruggedized).

SUMMARY: This document advises the

public that the Small Business

Administration (SBA) is establishing a

waiver of the Nonmanufacturer Rule for

8mm Tri-Deck Airborne Recorder

(ruggedized). The basis for a waiver is

that no small business manufacturers

are available to participate in the

Federal market for these products. The

effect of a waiver will allow otherwise

qualified nonmanufacturers to supply

the products of any domestic

manufacturer on a Federal contract setaside for small businesses or awarded

through the SBA 8(a) Program.

EFFECTIVE DATE: January 28, 1997.

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

S.W., Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, Procurement

Analyst, (202) 205–6475, FAX (202)

205–7324.

SUPPLEMENTARY INFORMATION: Public

Law 100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. This

requirement is commonly referred to as

the Nonmanufacturer Rule. The SBA

regulations imposing this requirement

are found at 13 CFR 121.406(b). Section

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes of

products, a small business manufacturer

must have submitted a proposal for a

contract solicitation or received a

contract from the Federal Government

within the last 24 months. The SBA

defines ‘‘class of products’’ based on

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for 8mm Tri-Deck Airborne Recorder

(ruggedized) because of an apparent lack

of any small business manufacturers or

processors for them within the Federal

market. The SBA searched its

Procurement Automated Source System

(PASS) for small business participants

and found none. We then published a

document in the Federal Register on

November 22, 1996 (vol.61, no.227,

p.59382), of our intent to grant a waiver

for these classes of products unless new

information was found. The proposed

waiver covered 8mm Tri-Deck Airborne

Recorder (ruggedized). The document

described the legal provisions for a

waiver, how SBA defines the market,

and asked for small business

participants of these classes of products.

After the 15-day comment period, no

small businesses were identified for

8mm Tri-Deck Airborne Recorder

(ruggedized). This waiver is being

granted pursuant to statutory authority

under section 303(h) of Public Law 100–

656 for 8mm Tri-Deck Airborne

Recorder (ruggedized). The waiver will

last indefinitely but is subject to both an

annual review and a review upon

receipt of information that the

conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 97–1959 Filed 1–27–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–99–AD; Amendment

39–9893; AD 97–02–08]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9, DC–9–80 and C–

9 (Military) Series Airplanes, and Model

MD–88 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain McDonnell

Douglas Model DC–9, DC–9–80 and C–

9 (military) series airplanes, and Model

MD–88 airplanes It requires either the

installation of external protective