47152 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations

reduce the economic burden on Title XI

Program participants and will therefore

not have a significant economic impact

on a substantial number of small

entities.

Environmental Assessment

This final rule has no environmental

impact and an environmental impact

statement is not required.

Paperwork Reduction Act

This rulemaking contains no new

information collection requirements. It

reduces certain information collection

requirements that have been approved

by the Office of Management and

Budget under control number 2133–

0012.

Unfunded Mandates

Under the Unfunded Mandate Reform

Act (Pub. L. 104–4) The Maritime

Administration must consider whether

this rule will result in an annual

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

(adjusted annually for inflation). The

Act also requires that the Maritime

Administration identify and consider a

reasonable number of regulatory

alternatives and, from those alternatives,

select the least costly, most costeffective, or least burdensome

alternative that will achieve the

objectives of the rule.

As stated above, by this rule the

Maritime Administration is significantly

reducing a regulatory burden,

citizenship reporting requirements, on

the public. This final rule does not

result in an annual expenditure by

State, local and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more and is the least

burdensome alternative that will

achieve the objectives of the rule.

List of Subjects in 46 CFR Part 298

Loan programs—transportation,

Maritime carriers, Mortgages.

Accordingly, 46 CFR part 298 is

amended as follows:

1. The authority for 46 CFR Part 298

continues to read as follows:

Authority: 46 App. U.S.C. 1114(b), 1271 et

seq; 49 CFR 1.66.

2. Section 298.2 is amended by

removing the paragraph designations,

and adding the following definitions, in

alphabetical order:

§ 298.2 Definitions.

* * * * *

Citizen of the United States means a

person who, if an individual, is a

Citizen of the United States by birth,

naturalization or as otherwise

authorized by law or, if other than an

individual, meets the requirements of

Section 2 of the Shipping Act, 1916, as

amended (46 App. U.S.C. 802), as

further described at 46 CFR 221.3(c).

* * * * *

Commitment Closing means a meeting

of various participants or their

representatives in a Title XI financing at

which a commitment to issue

Guarantees is executed and the forms of

the Obligations and the related Title XI

documents are also either agreed upon

or executed.

* * * * *

3. Section 298.10 is revised to read as

follows:

§ 298.10 Citizenship.

(a) Applicability. Prior to acquiring a

legal or beneficial interest in a Vessel

financed under Title XI of the Act

which is operating in or will be

operated in the U.S. coastwise trade, the

applicant and any other Person,

(including the shipowner and any

bareboat charterer), shall establish its

United States citizenship, within the

definition ‘‘citizen of the United States’’

in § 298.2.

(b) Prior to Letter Commitment. The

applicant and any Person identified in

paragraph (a) of this section, who is

required to establish United States

citizenship shall, prior to the issuance

of the Letter Commitment, establish

United States citizenship in form and

manner prescribed in 46 CFR part 355.

(c) Commitment Closing. Unless

otherwise waived by the Secretary for

good cause, at least 10 days prior to

every Commitment Closing, all Persons

identified with the project who have

previously established United States

citizenship in accordance with

paragraphs (a) and (b) of this section

shall submit pro forma Supplemental

Affidavits of Citizenship which have

previously been approved as to form

and substance by the Secretary, and on

the date of such closing such Persons

shall submit to the Secretary three

executed copies of such Supplemental

Affidavits of Citizenship evidencing the

continuing United States citizenship of

such Persons bearing the date of such

closing.

(d) Additional information. If

additional material is determined at any

time to be essential to clarify or support

evidence of U.S. citizenship, such

material shall be furnished by the

applicant, the Obligor or any Person

identified in paragraph (a) of this

section upon request by the Maritime

Administration.

Dated: September 2, 1997.

By order of the Acting Maritime

Administrator.

Joel C. Richard,

Secretary.

[FR Doc. 97–23676 Filed 9–5–97; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PART 64

[CC Docket 90–571; DA 97–1800]

Telecommunications Relay Services,

and the Americans With Disabilities

Act of 1990

AGENCY: Federal Communications

Commission.

ACTION: Suspension of final rule; Order.

SUMMARY: Notice is hereby given that in

an Order on Telecommunications Relay

Services (‘‘TRS’’) and the Americans

with Disabilities Act of 1990 (‘‘Order’’),

CC Docket No. 90–571, adopted on

August 20, 1997 and released on August

21, 1997, the Common Carrier Bureau

(‘‘Bureau’’) suspended enforcement of

the requirement that the TRS be capable

of handling coin sent-paid calls for one

additional year until August 26, 1998.

Because the existing technology to

provide coin sent-paid calls through the

TRS centers has serious deficiencies and

no technological solution appears

imminent, the Bureau recommended

that the Commission conduct a

rulemaking during the one year

suspension to gather information

sufficient to ensure that the

Commission’s final decision on whether

the TRS must be capable of handling

coin sent-paid calls is based on a

complete and fresh record. During the

suspension period, the Bureau directed

carriers to continue to make payphones

accessible to TRS users under the

‘‘Alternative Plan.’’ The Alternative

Plan has enabled TRS users to make

relay calls from payphones using

alternative payment methods since 1995

and has educated TRS users about their

abilities to make such calls. In addition,

because parties disagree over the

effectiveness of the Alternative Plan, the

Bureau directed carriers to comply with

several additional consumer education

requirements designed to improve TRS

users’ awareness of their ability to make

relay calls from payphones.

EFFECTIVE DATES: Section 64.604(a)(3) is

suspended effective September 8, 1997

through August 26, 1998. The

collections of information for this order

will become effective no sooner than

October 8, 1997 upon approval of OMB.
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47153

The Commission will publish a

document at a later date announcing

this effective date.

FOR FURTHER INFORMATION CONTACT:

Helene Schrier Nankin, 202–418–1466,

Network Services Division, Common

Carrier Bureau.

SUPPLEMENTARY INFORMATION: Under

§ 64.604 of the Commission’s rules, the

TRS must be capable of handling any

type of telephone call normally

provided by common carriers. The

Commission has interpreted this rule to

include coin sent-paid calls. The coin

sent-paid rule was initially to become

effective on July 26, 1993. 47 U.S.C.

225(c) (1996). The Bureau has

suspended enforcement of the

requirement that common carriers

provide coin sent-paid calls through the

TRS centers since 1993 based on

common carriers’ representations that it

has been technically infeasible to

provide the coin sent-paid service

through the TRS centers (‘‘coin sentpaid rule’’). Since 1995, carriers have

made payphones accessible to TRS

users through an Alternative Plan

(‘‘Alternative Plan’’). The Alternative

Plan enables TRS users to make local

relay calls for free and to make toll calls

from payphones using calling or prepaid

cards at or below the coin call rates. The

Alternative Plan also requires carriers to

educate TRS users about the alternative

payment methods that the TRS users

can use to make relay calls from

payphones. The Bureau directed carriers

to file two reports on the effectiveness

of the Alternative Plan, due 12 and 18

months after the issuance of the

Bureau’s order adopting the Alternative

Plan (‘‘12 Month Report’’ and ‘‘18

Month Report’’ respectively). The

Bureau listed the two reports on public

notice dated May 9, 1997 and received

nine comments on June 2, 1997.

Commenters disagree on the

effectiveness of the Alternative Plan.

In the Order, the Bureau suspended

the enforcement of the requirement that

the TRS be capable of handling coin

sent-paid calls for one year until August

26, 1998 because the only technological

solution that can provide the coin sentpaid calls through the TRS centers, coin

signalling interface (‘‘CSI’’), has serious

deficiencies and no new technological

solution appears imminent. In the

Order, the Bureau recommends that

during the one year suspension, the

Commission conduct a rulemaking on

coin sent-paid issues to gather

information sufficient to ensure that the

Commission’s final decision on whether

the TRS must be capable of handling

coin sent-paid calls is based on a

complete and fresh record.

In addition, the Bureau directed

carriers to continue to make payphones

accessible to TRS users under the terms

of the Alternative Plan as set forth in the

1995 Suspension Order, 60 FR 58626

(Nov. 28, 1995), and as modified by the

Order. The Bureau required carriers: (1)

to send a consumer education letter to

TRS centers; (2) to inform organizations

representing the hearing and speech

disability community before attending

their regional and national meetings

who will be present at the meeting,

where the industry’s booth will be

located, and at what times the booth

will be in operation; and (3) to publish

an article in Consumer Action Network

(‘‘CAN’s’’) respective organizations’’

magazines or newsletters. The Bureau

also directed carriers to work jointly

with the organizations representing the

individuals with hearing and speech

disabilities to draft a report about the

feasibility of executing the other

proposals contained in the 18 Month

Report, to be submitted to the

Commission within two months of the

publication of a summary of the Order

in the Federal Register. In particular,

the Bureau directed carriers to consult

with representatives from organizations

that represent the hearing and speech

disability community to determine if it

would be useful and possible to educate

TRS users about the Alternative Plan by:

(1) Sending a letter directly to all CAN’s

members; and (2) creating laminated

cards with visual characters that will

provide a pictorial explanation to

accompany the text describing access to

TRS centers from payphones and which

can be distributed to TRS users. If

carriers found that these actions are

feasible, the Bureau directed carriers to

take these actions.

The full text of the Order is available

for inspection and copying during the

weekday hours of 9 a.m. to 4:30 p.m. in

the Commission’s Reference Center,

Room 239, 1919 M Street, N.W., or

copies may be purchased from the

Commission’s duplicating contractor,

ITS, Inc., 2100 M Street, N.W., Suite

140, Washington D.C. 20037, phone

202/857–3800.

List of Subjects in 47 CFR Part 64

Communications common carriers,

Handicapped, Individuals with hearing

and speech disabilities,

Telecommunications relay services.

For the reasons set forth in the

preamble, § 64.604(a)(3) is suspended

from September 8, 1997 through August

26, 1998.

Federal Communications Commission.

Kent Nilsson,

Deputy Division Chief, Network Services

Division, Common Carrier Bureau.

[FR Doc. 97–23529 Filed 9–5–97 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 212, 225, 244, and 252

[DFARS Case 96–D333]

Defense Federal Acquisition

Regulation Supplement; Application of

Berry Amendment

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has adopted as final, with

changes, the interim rule that was

published at 62 FR 5779 on February 7,

1997. The rule amends the Defense

Federal Acquisition Regulation

Supplement (DFARS) to implement

Section 8109 of the National Defense

Appropriations Act for Fiscal Year 1997.

Section 8109 provides that, in applying

the Berry Amendment, the term

‘‘synthetic fabric and coated synthetic

fabric’’ shall be deemed to include all

textile fibers and yarns that are for use

in such fabrics; and that the domestic

source restrictions of the Berry

Amendment shall apply to contracts

and subcontracts for the procurement of

commercial items.

EFFECTIVE DATE: September 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0131;

telefax (703) 602–0350. Please cite

DFARS Case 96–D333.

SUPPLEMENTARY INFORMATION:

A. Background

An interim rule with request for

comments was published at 62 FR 5779

on February 7, 1997. The rule amended

DFARS Parts 212, 225, 244, and 252 to

extend the application of the Berry

Amendment domestic source

restrictions (10 U.S.C. 2241 note) to

textile fibers and yarns that are for use

in synthetic fabric and coated synthetic

fabric; and to require flow down of the

Berry Amendment restrictions to

subcontracts for the procurement of

commercial items. The interim rule

provided an exception to the Berry

Amendment restrictions for purchases

of fibers and yarns that are for use in

synthetic fabric or coated synthetic

fabric, if such fabric is to be used as a

component of an end item not classified

in Federal Supply Group 83 or 84. This