Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43471

FMP, provided the vessel complies with

paragraphs (c) through (f) of this section.

[FR Doc. 97–21531 Filed 8–13–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 5

Delegations of Authority and

Organization; Center for Veterinary

Medicine

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

regulations for delegations of authority

to reflect a new delegation that

authorizes the Director and Deputy

Director, Center for Veterinary Medicine

(CVM), to sign certain Federal Register

documents related to the

implementation of the Animal

Medicinal Drug Use Clarification Act of

1994 (the AMDUCA), as amended

hereinafter. This authority will enable

the agency to issue Federal Register

documents related to implementation of

the AMDUCA more efficiently.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard L. Arkin, Office of Policy and

Regulations (HFV–6), Center for

Veterinary Medicine, Food and

Drug Administration, 7500 Standish

Pl., Rockville, MD 20855–2773,

301–594–1737, or

Donna G. Page, Division of

Management Systems and Policy

(HFA–340), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–827–

4816.

SUPPLEMENTARY INFORMATION: The

regulations are being amended in

subpart B of part 5 (21 CFR part 5) by

adding a new § 5.40 Issuance of Federal

Register documents pertaining to the

determination of safe levels, notice of

need for development of an analytical

method, notice of availability of a

developed analytical method, and

prohibition of certain extralabel drug

use to reflect a new delegation that

authorizes the Director and Deputy

Director, CVM, to sign certain Federal

Register documents related to the

implementation of the AMDUCA (Pub.

L. 103–396), as amended hereinafter.

This delegation will permit the efficient

implementation of the AMDUCA which

was signed into law on October 22,

1994.

This authority may be further

redelegated by the Director and Deputy

Director, CVM. Authority delegated to a

position by title may be exercised by a

person officially designated to serve in

such a position in an acting capacity or

on a temporary basis.

List of Subjects in 21 CFR Part 5

Authority delegations (Government

agencies), Imports, Organization and

functions (Government agencies).

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 5 is

amended as follows:

PART 5—DELEGATIONS OF

AUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFR

part 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7

U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,

3701–3711a; secs. 2–12 of the Fair Packaging

and Labeling Act (15 U.S.C. 1451–1461); 21

U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),

801–886, 1031–1309; secs. 201–903 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321–394); 35 U.S.C. 156; secs. 301,

302, 303, 307, 310, 311, 351, 352, 361, 362,

1701–1706, 2101 of the Public Health Service

Act (42 U.S.C. 241, 242, 242a, 242l, 242n,

243, 262, 263, 264, 265, 300u–300u–5,

300aa–1); 42 U.S.C. 1395y, 3246b, 4332,

4831(a), 10007–10008; E.O. 11490, 11921,

and 12591.

2. New § 5.40 is added to subpart B

to read as follows:

§ 5.40 Issuance of Federal Register

documents pertaining to the determination

of safe levels, notice of need for

development of an analytical method,

notice of availability of a developed

analytical method, and prohibition of

certain extralabel drug use.

The Director and Deputy Director,

Center for Veterinary Medicine (CVM)

are authorized to issue Federal Register

documents pertaining to the

determination of safe levels, notice of

need for development of an analytical

method, notice of availability of a

developed analytical method, and

prohibition of certain extralabel drug

use related to implementation of the

Animal Medicinal Drug Use

Clarification Act of 1994 (the AMDUCA)

(Pub. L. 103–396). This authority may

be further redelegated by the Director

and Deputy Director, CVM.

Dated: August 8, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–21585 Filed 8–13–97; 8:45 am]

BILLING CODE 4160–01–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A–1–FRL–5874–8]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Removal of Final Rule Pertaining to the

Determination of Attainment of Ozone

Standard and Determination Regarding

Applicability of Certain Requirements

in the Richmond Area [VA–076–5022]

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Removal of direct final rule.

SUMMARY: On June 13, 1997, EPA

published determination that the

Richmond ozone nonattainment area

has attained the National Ambient Air

Quality Standard (NAAQS) for ozone,

and that Richmond has continued to

attain the standard to date. On the basis

of this determination, EPA determined

that certain reasonable further progress

and attainment demonstration

requirements, along with certain other

related requirements, of part D of Title

I of the Clean Air Act are not applicable

to this area as long as this area

continues to attain the ozone NAAQS.

See 62 FR 32204.

EPA approved this direct final

rulemaking without prior proposal

because the Agency viewed it as a

noncontroversial amendment and

anticipated no adverse comments. The

final rule was published in the Federal

Register with a provision for a 30-day

comment period (62 FR 32204, June 13,

1997). At the same time, EPA

announced that this final rule would

convert to a proposed rule in the event

that adverse comments were submitted

to EPA within 30 days of publication of

the rule in the Federal Register (62 FR

32258, June 13, 1997). The final

rulemaking action would be withdrawn

by publishing a notice announcing

withdrawal of this action.

Notice of intent to adversely comment

was submitted to EPA within the

prescribed comment period. Therefore,

EPA is amending 40 CFR 52.2428 by

removing the June 13, 1997 final

rulemaking action. All public comments

received will be addressed in a

subsequent rulemaking action based on

the proposed rule.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Christopher Cripps, Ozone/Carbon

Monoxide and Mobile Sources Section

(3AT21), U.S. Environmental Protection

Agency—Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania
43472 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

19107, or by telephone at: (215)566–

2179. Questions may also be sent via email, to the following address:

Cripps.Christopher@epamail.epa.gov

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone.

Dated: August 4, 1997.

Marcia E. Mulkey,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV of Chapter

I, title 40 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart VV—Virginia

§ 52.2428 [Removed]

2. Section 52.2428 is removed.

[FR Doc. 97–21538 Filed 8–13–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–37

[FPMR Amdt. G–112]

RIN 3090–AG54

Management, Use, and Disposal of

Government Aircraft Parts

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This regulation provides

policy on the management and disposal

of Government-owned aircraft parts.

This change is issued to address safety

concerns that surplus Government

aircraft parts are distributed without

proper documentation and control, and

to establish procedures to ensure that

only eligible parts are made available for

transfer and donation purposes.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Peter Zuidema, Director, Aircraft

Management Policy Division (MTA),

202–219–1377.

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

Regulatory Flexibility Act

This rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

Paperwork Reduction Act

GSA has determined that the

Paperwork Reduction Act (44 U.S.C.

chapter 35) does not apply because this

regulation does not contain any

information collection requirements that

require the approval of the Office of

Management and Budget. This rule also

is exempt from Congressional review

prescribed under 5 U.S.C. 801 since it

relates solely to agency management

and personnel. This rule is written in a

‘‘plain English’’ style.

What is the ‘‘plain English’’ style of

regulation writing?

The ‘‘plain English’’ style of

regulation writing is a new, simpler to

read and understand, question and

answer regulatory format.

How does the plain English style of

regulation writing affect employees?

A question and its answer combine to

establish a rule. The employee and the

agency must follow the language

contained in both the question and its

answer.

List of Subjects in 41 CFR Part 101–37

Aircraft, Government property

management.

For the reasons set forth in the

preamble, 41 CFR part 101–37 is

amended as follows:

PART 101–37—[AMENDED]

1. The authority citation for Part 101–

37 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c); the Budget and Accounting Act

of 1921, as amended; the Budget and

Accounting Procedures Act of 1950, as

amended; Reorganization Plan No. 2 of 1970;

Executive Order 11541; and OMB circular

No. A–126 (Revised May 22, 1992).

2. Section 101–37.100 is amended by

adding in alphabetical order the

following definitions:

§ 101–37.100 Definitions.

* * * * *

Aircraft part means any part,

component, system, or assembly

primarily designated for aircraft.

* * * * *

Criticality Code is the one-digit code

assigned by Department of Defense to

designate an aircraft part as a Flight

Safety Critical Aircraft Part (FSCAP).

* * * * *

Flight Safety Critical Aircraft Part

(FSCAP) means any aircraft part,

assembly, or installation containing a

critical characteristic whose failure,

malfunction, or absence could cause a

catastrophic failure resulting in loss or

serious damage to the aircraft or an

uncommanded engine shut-down

resulting in an unsafe condition.

* * * * *

Military surplus aircraft part is an

aircraft part that has been released as

surplus by the military, even if

subsequently resold by manufacturers,

owner/operators, repair facilities, or any

other parts supplier.

* * * * *

Production approval holder is the

holder of a Federal Aviation

Administration Production Certificate

(PC), Approved Production Inspection

System (APIS), Parts Manufacturer

Approval (PMA), or Technical Standard

Order (TSO) who controls the design

and quality of a product or part thereof,

in accordance with Part 21 of the

Federal Aviation Regulations (14 CFR

21.305).

* * * * *

Replacement means the process of

acquiring property specifically to be

used in place of property which is still

needed but will no longer adequately

perform all the tasks for which it was

used.

* * * * *

Unsalvageable aircraft part is an

aircraft part which cannot be restored to

an airworthy condition due to its age,

physical condition, a non-repairable

defect, insufficient documentation, or

non-conformance with applicable

specifications. For additional

information on disposition of such parts

refer to FAA Advisory Circular No. 21–

38, or other current applicable

guidelines.

3. Subpart 101–37.6 is added to read

as follows:

Subpart 101–37.6—Management, Use, and

Disposal of Government Aircraft Parts

Sec.

101–37.600 What does this subpart do?

101–37.601 What responsibilities does the

owning/operating agency have in the

management and use of Government

aircraft parts?

101–37.602 Are there special requirements

in the management, use and disposal of

military Flight Safety Critical Aircraft

Parts (FSCAP)?

101–37.603 What are the owning/operating

agency’s responsibilities in reporting

excess Government aircraft parts?

101–37.604 What are the procedures for

transferring and donating excess and

surplus Government aircraft parts?

101–37.605 What are the receiving agency’s

responsibilities in the transfer and

donation of excess and surplus

Government aircraft parts?