Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Proposed Rules 45777

River. Nevertheless, this proposed rule

represents a minimal cost in return for

the heightened safety on this waterway,

particularly given the fact that the

requirements in this proposed rule

supplement existing regulatory

requirements.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and (2)

governmental jurisdictions with

populations of less than 50,000. The

Coast Guard has reviewed it for

potential impact on small entities. The

Coast Guard does not believe that any of

the entities affected by this proposed

rule qualify as small entities.

Furthermore, because the proposed rule

affects deep-draft vessels underway and

passenger vessels when passengers are

onboard, and because a ferryboat or

small passenger vessel carrying 49

people or less may monitor using a

portable radio from a vantage point

other than the pilot house, the Coast

Guard’s position is that this proposed

rule will not have a significant

economic impact on a substantial

number of small entities. If, however, an

individual or organization believes that

its business or organization qualifies as

a small entity and that this proposed

rule will have a significant economic

impact on its business or organization,

please submit a comment (see

ADDRESSES) explaining why the

individual or organization believes it

qualifies and in what way and to what

degree this proposed rule will adversely

affect it.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposed rule under the principles and

criteria contained in Executive Order

12612, and it is determined that it does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under

paragraph 2.B.2 of Commandant

Instruction M16475.1B (as revised by 61

FR 13563, March 27, 1996), this

proposed rule is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Mine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

In consideration of the foregoing, the

Coast Guard proposes to amend part 165

of title 33, Code of Federal Regulations

to read as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

46 CFR 1.46.

2. In § 165.810, paragraph (a) is

revised and new paragraphs (e) and (f)

are added to read as follows:

§ 165.810 Mississippi River, LA-regulated

navigation area.

(a) Purpose and applicability: This

section prescribes rules for all vessels

operating in the Mississippi River below

Baton Rouge, LA, including South Pass

and Southwest Pass, to assist in the

prevention of collisions and groundings

so as to ensure port safety and to

enhance the safety of passenger vessels

moored or anchored in the Mississippi

River. * * *

(e) Watch requirements for anchored

and moored passenger vessels.

(1) Passenger vessels. Except as

provided in paragraph (e)(2) of this

section, each passenger vessel whenever

one or more passengers are aboard shall:

(i) Keep a continuously manned

pilothouse and;

(ii) Monitor river activities and

marine VHF emergency and working

frequencies of the port so as to be

immediately available to take necessary

action to protect the vessel, crew and

passengers in the event that an

emergency radio broadcast, danger

signal or visual indication of a problem

is received or detected.

(2) Each ferryboat, and each small

passenger vessel that operates with 49

or less passengers, may monitor river

activities using a portable radio from a

vantage point other than the pilothouse.

(f) All self-propelled vessels subject to

the regulations at 33 CFR part 164 shall

also comply with the following:

(1) The engine room shall be manned

at all times while underway in the RNA.

(2) Prior to embarking a pilot when

entering or getting underway in the

RNA, the master of each vessel shall

ensure that the vessel is in compliance

with 33 CFR part 164.

(3) The master shall ensure that the

chief engineer has certified that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

(i) The main propulsion plant is in all

respects ready for operations including

the main propulsion air start systems,

fuel systems, lubricating systems,

cooling systems and automation

systems;

(ii) Cooling, lubricating and fuel oil

systems are at proper operating

temperatures;

(iii) Automatic or load limiting main

propulsion plant throttle systems are

operating in manual mode with engines

available to immediately answer

maneuvering commands; and

(iv) Main propulsion standby systems

are ready to be immediately placed in

service.

Dated: August 22, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–23076 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 62

[LA–39–1–7332b; FRL–5876–6]

Approval and Promulgation of State

Air Quality Plans for Designated

Facilities and Pollutants, Louisiana;

Control of Landfill Gas Emissions from

Existing Municipal Solid Waste

Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rulemaking.

SUMMARY: This notice proposes approval

of the Louisiana State Plan for

controlling landfill gas emissions from

existing municipal solid waste landfills.

The plan was submitted to fulfill the

requirements of the Clean Air Act. The

State Plan establishes emission limits

for existing MSW landfills, and provides

for the implementation and enforcement

of those limits. Please see the direct

final notice of this action located
45778 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Proposed Rules

elsewhere in today’s Federal Register

for a detailed description of the State

Plan.

DATES: Comments on this proposed rule

must be postmarked by September 29,

1997. If no adverse comments are

received, then the direct final rule is

effective on October 28, 1997.

ADDRESSES: Comments should be

mailed to Thomas H. Diggs, Chief, Air

Planning Section (6PD–L), EPA Region

6, 1445 Ross Avenue, Dallas, Texas

75202–2733. Copies of the State’s plan

and other information relevant to this

action are available for inspection

during normal hours at the following

locations:

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Louisiana Department of Environmental

Quality, Air Quality Program, 7290

Bluebonnet Blvd., Baton Rouge,

Louisiana 70810.

Anyone wishing to review this plan at

the Region 6 EPA office is asked to

contact the person below to schedule an

appointment 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Lt.

Mick Cote, Air Planning Section (6PD–

L), EPA Region 6, telephone (214) 665–

7219.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

notice which is located in the Rules

Section of this Federal Register.

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Paper and paper products

industry, Reporting and recordkeeping

requirements, Sulfuric acid plants,

Sulfuric oxides.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–21816 Filed 8–28–97; 8:45 am]

BILLING CODE 6560–50–P

LEGAL SERVICES CORPORATION

45 CFR Part 1630

Cost standards and procedures

AGENCY: Legal Services Corporation.

ACTION: Proposed rule.

SUMMARY: This rule proposes substantial

revisions to the Legal Services

Corporation’s rule concerning the

Corporation’s cost standards and

procedures. The proposed revisions are

intended to conform the rule to

applicable provisions of the Inspector

General Act, the Corporation’s

appropriation’s act and relevant OMB

Circulars.

DATES: Comments should be received on

or before October 29, 1997.

ADDRESSES: Comments should be

submitted to the Office of the General

Counsel, Legal Services Corporation,

750 First St. NE., 11th Floor,

Washington, DC 20002–4250.

FOR FURTHER INFORMATION CONTACT:

Office of the General Counsel, (202)

336–8817.

SUPPLEMENTARY INFORMATION: This rule

proposes substantial revisions to the

Legal Services Corporation’s (‘‘LSC’’ or

‘‘Corporation’’) rule on cost standards

and procedures to conform the rule to

applicable provisions of Sec. 509 of

Public Law 104–134; the Inspector

General (‘‘IG’’) Act, 5 U.S.C. App. 3, as

amended; the Audit Guide for LSC

Recipients and Auditors (‘‘Audit

Guide’’); OMB Circular A–50, Audit

Followup (September 29, 1982); and

OMB Circular A–133, Audits of

Institutions of Higher Education and

Other Non-Profit Institutions (June 24,

1997) (this circular is applicable to LSC

recipients through Section I–2 of the

Audit Guide). In addition, the rule

borrows from other relevant OMB

circulars as appropriate; see OMB

Circular A–110, Uniform Administrative

Requirements for Grants and

Agreements with Institutions of Higher

Education, Hospitals, and Other Nonprofit Organizations (November 19,

1993); OMB Circular A–122, Cost

Principles for Nonprofit Organizations

(May 8, 1997). The Corporation’s

Operations and Regulations Committee

(‘‘Committee’’) of the LSC Board of

Directors (‘‘Board’’) held public hearings

on a draft proposed rule in Los Angeles,

California, on July 13, 1997 and, after

making revisions to the draft, adopted a

proposed rule for publication in the

Federal Register for public notice and

comment.

Generally, this rule sets out proposed

uniform standards for determining the

allowability of costs and provides a

proposed process for resolving

questioned costs. A section-by-section

analysis is provided below.

Section 1630.1 Purpose

The purpose of this proposed rule is

to provide uniform standards for

determining the allowability of costs

and to provide a process for the

resolution of questioned costs. This rule

proposes deleting language in the

current rule which explains that the

Corporation has considered the

standardized policies developed under

Federal experience and has adopted or

adapted many Federal policies as

appropriate for the legal services

system. Such language is better placed

in the rule’s preamble.

Section 1630.2 Definitions

Paragraph (a) defines allowed cost as

a cost that is determined in a

management decision to be eligible for

payment with LSC funds.

Paragraph (b) defines corrective action

as action taken by a recipient that

corrects deficiencies or makes

improvements. It also includes a

demonstration by the recipient that the

audit or other findings do not warrant

corrective action.

Paragraph (c) defines derivative

income. This definition replaces the

current § 1630.4(e) which defines

program income, a term used within the

Federal government for derivative

income. Derivative income is used in

this rule instead of program income

because it is more familiar to the legal

services community. Even though the

current rule defines program income,

the term is not used anywhere in the

rule. This proposed rule devotes a

section to derivative income, see

§ 1630.12.

Derivative income is defined as

income earned from LSC-funded

activities during the term of an LSC

grant or contract. It would include

interest earned on an LSC grant, fees for

services or income for sales or rentals of

real or personal property.

Paragraph (d) defines disallowed cost

as a cost that should not be charged to

LSC funds. It does not include reference

to derivative income as does the current

definition in § 1630.2(c). Instead, the

rule addresses the recovery of derivative

income in §§ 1630.7(b) and 1630.8.

Paragraph (e) defines final action as

the completion of all corrective actions

called for in a management decision.

When no corrective action is required

by Corporation management, the

management decision is the final action.

This term is not found in the current

rule.

Paragraph (f) defines management

decision as a written response by

management to findings and

recommendations in an audit or other

report and a recipient’s response to such

findings and recommendations. A

management decision includes any

corrective actions necessary to address

any findings and recommendations.

This term is not found in the current

rule.

Paragraph (g) defines questioned cost

as a cost charged to LSC funds that is