Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47149

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 32

[FRL–5886–5]

Suspension, Debarment and

Ineligibility for Contracts, Assistance,

Loans and Benefits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendments.

SUMMARY: This rule makes certain

technical amendments to the

Environmental Protection Agency’s rule

governing suspension and debarment

under nonprocurement programs (40

CFR Part 32), to reflect the Agency’s

internal reorganization of the Office of

Administration and Resources

Management (OARM) and the Office of

Grants and Debarment (OGD).

EFFECTIVE DATE: September 8, 1997.

FOR MORE INFORMATION CONTACT: Robert

F. Meunier, EPA Suspending and

Debarring Official, (3901F), 401 M

Street, S.W., Washington, DC 20460.

Telephone: (202) 564–5399; or E-Mail

to: meunier.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

On October 1, 1995, the OARM and

the OGD implemented plans of internal

reorganization that, among other things,

created the full-time position of the EPA

Suspending and Debarring Official.

Under that plan, the nonsupervisory

suspension and debarment duties

previously performed by the OGD

Director were delegated to the

Suspending and Debarring Official.

Similarly, the appellate duties

previously performed by the Assistant

Administrator for OARM were delegated

to the Director, OGD. The following rule

changes are made to reflect those

changes. In addition, a typographical

error in the definition of the term

‘‘conviction’’ is corrected.

Rulemaking Analysis

B. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action.’’

However, it has been sent to the Office

of Management and Budget for review

for consistency with the OMB Common

Rule. In addition, this rule will not

impose any enforceable duty or contain

any unfunded mandate as described in

the Unfunded Mandates Reform Act of

1995 (P.L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

consideration of environmental justice

related issues as required by Executive

Order 12898 (59 FR 7629, February 16,

1994). Because this action is not subject

to notice-and comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) The Paperwork Reduction Act

does not apply because this rule does

not contain information collection

requirements for the approval of OMB

under 44 U.S.C. 3501 et seq.

Under 5 U.S.C. 801(a)(1)(A)as added

by the Small Business Regulatory

Fairness Act of 1996, EPA submitted a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives and

the Comptroller General of the General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

C. Public Comments

The EPA has not solicited public

comments on this final rule.

List of Subjects in 40 CFR Part 32

Environmental protection,

Administrative practice and procedure.

Dated: September 29, 1997.

Alvin M. Pesachowitz,

Acting Assistant Administrator, Office of

Administration and Resources Management.

For the reasons set out in the

preamble, 40 CFR Part 32 is amended as

follows:

PART 32—[AMENDED]

1. The authority citation for part 32

continues to read as follows:

Authority: E.O. 701 et seq.; 12549; 42

U.S.C. et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.

2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C.

1251 et seq.; 42 U.S.C. 300f, 4901, 6901,

7401, 9801 et seq.; E.O. 12689; E.O. 11738;

Pub. L. 103–355 Sec. 2455.

§ 32.105 [Amended]

2. In § 32.105, the definition of

‘‘Conviction’’ is amended by removing

the word ‘‘or’’ the first time it appears

and adding in its place the word ‘‘of’’.

3. In § 32.105, the definition of

‘‘Debarring Official,’’ is amended by

removing paragraph (3).

4. In § 32.105, the definition of

‘‘Suspending Official,’’ is amended by

removing paragraph (3).

§ 32.335 [Amended]

5. In § 32.335, paragraph (a) is

amended by removing the term

‘‘Assistant Administrator for

Administration and Resources

Management’’ and adding in its place

the term ‘‘Director, Office of Grants and

Debarment’’. Paragraphs (a), (b), (c) and

(d) are amended by removing the six

references to the term ‘‘Assistant

Administrator’’ and adding in their

places the term ‘‘OGD Director’’.

§ 32.430 [Amended]

6. In § 32.430, paragraph (a) is

amended by removing the term

‘‘Assistant Administrator for

Administration and Resources

Management’’ and adding in its place

the term ‘‘Director, Office of Grants and

Debarment’’. Paragraphs (a),(b), (c) and

(d) are amended by removing the six

references to the term ‘‘Assistant

Administrator’’ and adding in their

places the term ‘‘OGD Director’’.

[FR Doc. 97–23693 Filed 9–5–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

46 CFR Part 298

[Docket No. R–171]

RIN 2133–AB31

Citizenship Requirements for Owners

and Charterers of Vessels With

Obligation Guarantees

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD) is amending its regulations at

46 CFR part 298 to conform with

provisions contained in Pub. L. 104–

239. These provisions eliminate certain

U.S. citizenship requirements for

participants in MARAD’s obligation

guarantee program (‘‘Title XI program’’).

MARAD’s citizenship requirements for

participants in the Title XI program will

be modified as follows: For vessels

operating, or to be operated, in the U.S.

foreign commerce, no proof of Section 2

citizenship is required; for eligible

export vessels and general shipyard

facilities, no proof of Section 2

citizenship is required; and for vessels

to be operated in the domestic trade, the

applicant and any bareboat charterer

will be required to establish Section 2

citizenship by affidavit at the time of

application only.

DATES: This rule is effective September

10, 1997.

FOR FURTHER INFORMATION CONTACT:

Doris Lansberry, Office of the Chief

Counsel, Telephone (202) 366–5712.
47150 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION: MARAD’s

regulations at 46 CFR part 298,

Obligation Guarantees, implement Title

XI of the Merchant Marine Act, 1936, as

amended (46 App. U.S.C. 1271 et

seq.)(‘‘Act’’), which authorizes the

Secretary of Transportation

(‘‘Secretary’’) to provide guarantees of

debt (‘‘obligation guarantees’’) issued for

the purpose of financing or refinancing

the construction, reconstruction or

reconditioning of vessels in United

States shipyards, as well as the

modernization and improvement of U.S.

shipyards (‘‘general shipyard

facilities’’).

Applications for obligation guarantees

are made to MARAD, acting under

authority delegated by the Secretary to

the Maritime Administrator. Prior to

amendment of the Act in 1993,

obligation guarantees could be issued

only for debt incurred by applicants

qualifying as citizens of the United

States as defined in Section 2 of the

Shipping Act, 1916, as amended (46

App. U.S.C. 802) (‘‘Section 2 citizens’’).

Subtitle D of Title XIII of Pub. L. 103–

160, enacted in 1993, expanded the

Title XI program by authorizing

obligation guarantees to finance the

construction, reconstruction, or

reconditioning of eligible export vessels

(to be documented under the laws of a

country other than the United States)

and modernization and improvement of

shipyards in the United States.

Applicants for obligation guarantees

for shipyard modernization and

improvement and for eligible export

vessels under Pub. L. 103–160 are not

required to be Section 2 citizens. Also,

the Section 2 citizenship requirements

found in Sections 1103 and 1104 of the

Act were eliminated. The requirement

that applicants for obligation guarantees

had to be Section 2 citizens was

removed from Section 1103(a) and the

phrase ‘‘owned by citizens of the United

States,’’ which modified the phrase ‘‘a

vessel or vessels,’’ was removed from

Section 1104A. However, the

requirement set forth in Section 1101(b)

of the Act that vessels financed under

the Title XI program had to be owned

by Section 2 citizens was not

eliminated. Therefore, MARAD

determined, in 1993, that the Section 2

citizenship requirement for the original

Title XI program remained.

Subsequently, Congress amended

Sections 1101(b), 1104B(a) and 1110(a)

of the Act by striking the language

‘‘owned by citizens of the United

States’’ in each of these Sections

(Section 11 of Pub. L. 104–239, the

Maritime Security Act of 1996).

Notice and Request for Comments

MARAD published a notice in the

Federal Register on November 5, 1996,

indicating that where its regulations

were in conflict with the new law, such

requirements were no longer valid. In

addition, MARAD requested comments

on the following issues:

1. Does MARAD have the legal

authority to give retroactive effect to the

elimination of its general U.S.

citizenship test for existing participants

in its obligation guarantee program?

2. If MARAD has such authority, to

what extent should it exercise that

authority?

3. With respect to owners of vessels

with obligation guarantees that operate

in the United States domestic

(‘‘coastwise’’) trade, for which U.S.

citizenship requirements remain, can

MARAD’s security interest in these

vessels be sufficiently protected if it

adopts the self-certification process

used by the United States Coast Guard

for purposes of issuing a coastwise trade

endorsement?

4. Should U.S. citizens be given

priority for loan guarantees over

noncitizens for operation of U.S. flag

vessels in foreign commerce in the event

of scarcity of funds for Title XI

obligation guarantees?

MARAD received comments from

seven interested parties in response to

this Notice. Three commenters are

owners of vessels operating either in the

foreign or coastwise trade. One

commenter is a law firm representing

the views of the law firm and not the

views of any of its clients. One

commenter is an individual

representing personal views. Another

commenter is a law firm representing

the ‘‘personal views’’ of the

Subcommittee on Coast Guard

Documentation, U.S. Citizenship and

Related Matters of the Committee on

Marine Financing of the Maritime Law

Association. Still another commenter is

a law firm representing the views of one

of its clients operating vessels in the

coastwise trade. Most commenters

believed that MARAD has the authority

to eliminate the citizenship requirement

for obligation guarantees retroactively

even though the statute did not

specifically address this issue, and that

MARAD should exercise such authority.

Most commenters expressed the view

that the Section 2 citizenship

requirements in the existing Title XI

contracts are either waivable or that

MARAD has discretion to enforce or not

to enforce contractual obligations. One

commenter referenced the U.S. Supreme

Court’s decision in Landgraf v. USI Film

Products, 511 U.S. 244, 128 L.Ed.2d

229, 114 S.Ct. 1483 (l994), which

established tests for determining

whether a new statute has retroactive

effect. The tests set forth in Landgraf are

whether the law, if applied

retroactively, would impair rights the

party had prior to enactment of the law,

increase the party’s liability for past

conduct, or impose new duties with

respect to previous transactions. This

commenter maintained that elimination

of the Section 2 citizenship

requirements would not be an

impairment of rights held by existing

Title XI contract holders, nor an

increase in any liability under such

contracts, nor the imposition of new

duties on existing Title XI contract

holders. To the contrary, the commenter

believed that Title XI contract holders

should be relieved of the duty to file

Affidavits of U.S. Citizenship, as well as

any consequences and/or liabilities that

may result from failure to file such

Affidavits.

One commenter stated that

citizenship requirements for existing

obligation guarantees terminated when

the Title XI citizenship amendments

became law.

Five of the seven commenters

indicated that MARAD should rely

upon the self-certification process used

by the United States Coast Guard for

determining Section 2 citizenship where

it remains a requirement of the Title XI

program, with one commenter

expressing the view that MARAD

should have the right to ask for

additional information if it is deemed

necessary.

As to whether a priority system needs

to be established in the event of limited

Title XI funds, four commenters

opposed such a system, and two stated

that U.S. citizens should be given

priority for obligation guarantees over

noncitizens. The reasons given for

establishing a priority were that

American taxpayers provide the needed

funding for the Title XI program and

that giving U.S. citizens priority furthers

the purpose of the Act by providing a

U.S. citizen-owned fleet needed for

defense purposes. The four commenters

opposing a priority system cited the

absence of any such provision in the

Act.

Having considered all the views

expressed by the commenters, MARAD

is now amending its regulations at 46

CFR part 298 to conform to the statutory

changes set forth in Pub. L. 104–239.

Additional changes will be required to

implement financing provisions of Pub.

L. 104–324 (October 19, 1996), the Coast

Guard Authorization Act of 1996. Those

will be the subject of a separate

rulemaking.
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47151

Congressional intent in Pub. L. 104–

239 is unequivocal as to prospective

application of Section 2 citizenship

requirements for owners of vessels

operating or to be operated in U.S.

foreign commerce. The intent is to

eliminate the requirement. As stated by

Senator Lott in a public letter exchange

on the Maritime Security Act ‘‘[a]n

interpretation of the Title XI program

now allows a U.S. corporation that is

eligible to obtain a loan guarantee if it

places the vessel under foreign registry,

but prohibits a guarantee from being

issued if that same corporation desires

to place the vessel under U.S. flag.

Section 11 of [Pub. L. 104–239] would

correct this unintended interpretation so

that such a U.S. corporation eligible to

own a U.S.-flag vessel would be able to

obtain a guarantee without being forced

to place the vessel under foreign flag.’’

Letter dated March 20, 1996, from

Senator Lott to Senator McCain (copy on

file at the Maritime Administration).

It is equally clear that Congress

retained the requirement of 46 App.

U.S.C. 12106 that vessel owners engaged

in the coastwise trade must be Section

2 citizens, whether participating in the

Title XI program or otherwise. MARAD

considered relying on the selfcertification process of the Coast Guard

as proof of such citizenship for

application purposes. However, the

Coast Guard process of documenting a

vessel is only performed after a vessel

is delivered. Typically, in Title XI

transactions, MARAD is requested to

approve commitments prior to delivery

and documentation of vessels. MARAD

needs to perform its due diligence to

ascertain the citizenship of an applicant

that is intending to own or operate

vessels in the U.S. coastwise trade prior

to issuing an irrevocable commitment

under Title XI.

Section 1104A(d)(1)(A) of the Act (46

App. U.S.C. 1274(d)(1)(A)) provides that

the Secretary shall not extend any

guarantee unless the Secretary finds that

the proposed project is economically

sound. In those instances where an

applicant for Title XI benefits intends to

operate vessels in U.S. coastwise trade,

MARAD’s analysis of economic

soundness includes the applicant’s

qualifications to operate in said trade,

including all applicable citizenship

requirements. This analysis is required

because, among other reasons, the

revenues from operations are the source

of debt service payments, and if the

applicant fails to qualify for the

intended operations, the proposed

project would not be economically

sound. Therefore, MARAD will

continue to require that all applications

for obligation guarantees for U.S.

coastwise trade vessels include an

affidavit of U.S. citizenship in the form

prescribed in its regulations at 46 CFR

part 355.

MARAD has decided to adopt the

suggestion of several commenters and

rely on the self-certification required by

the Coast Guard for vessel operators in

the coastwise trade to ensure that Title

XI obligors in that trade maintain their

eligibility. Annual affidavits will no

longer be required. Generally, no

citizenship filing will be required. As

does the Coast Guard, MARAD reserves

the right to ask for additional

information from Title XI obligors if it

is deemed necessary. MARAD believes

this significant deregulatory action will

be effective.

MARAD has considered whether

Congress intended to give retroactive

effect to the elimination of its ongoing

requirement to certify as to U.S.

citizenship for existing participants in

its obligation guarantee program, and, if

so, whether MARAD should exercise

that authority. Landgraf, supra. MARAD

has concluded that no private party

rights under the Title XI program would

be impaired by the elimination of the

citizenship requirement for Title XI

obligors operating in the U.S. foreign

commerce, nor would its own due

diligance interests be impaired.

Therefore, MARAD has determined that

no proof of citizenship need be required

for Title XI obligors with respect to

vessels operating, or to be operated, in

the U.S. foreign commerce. Unlike the

Title XI coastwise trade program under

which MARAD’s due diligence interests

would be impaired by the complete

elimination of citizenship requirements,

due to increased risk to the project,

there is no comparable risk for U.S.

foreign commerce operations. MARAD’s

Title XI program requirement for

identification of the real party at interest

in the Title XI transaction for vessels in

U.S. foreign trade can be met through

review of the documents required in the

application process, just as that

requirement is met presently in the Title

XI export vessel program.

Finally, MARAD has decided not to

impose a priority system for Section 2

citizens in the event of limited Title XI

funds. In recent years, it has been rare

that availability of Title XI funds has

limited the approval of eligible projects.

More importantly, it is MARAD’s

experience that Title XI transactions are

unique with different vessels, markets,

operators, collateral, shipyards, military

utility, and dollar value of guarantee. It

is not likely that two transactions would

be equivalent in all respects but one

would meet Section 2 citizenship

requirements and the other not. MARAD

will continue, as required by Section

1104(g)(1) of the Act, to consider the

status of pending applications to

guarantee obligations for vessels

documented under the laws of the

United States and operating or to be

operated in the domestic or foreign

commerce of the United States before

issuing a commitment to guarantee

obligations for an eligible export vessel.

To summarize, MARAD’s citizenship

requirements for participants in the

Title XI program will be modified as

follows: (1) for vessels operating, or to

be operated, in the U.S. foreign

commerce, no proof of Section 2

citizenship is required; (2) for eligible

export vessels and general shipyard

facilities, no proof of Section 2

citizenship is required; and (3) for

vessels to be operated in the domestic

trade, the applicant and any bareboat

charterer will be required to establish

Section 2 citizenship by affidavit at the

time of application only.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review); Department of

Transportation (DOT) Regulatory

Policies and Procedures; Pub.L. 104–121

This rulemaking is not considered to

be an economically significant

regulatory action under E.O. 12866, and

is also not considered a major rule for

purposes of Congressional review under

Pub. L. 104–121. It is not considered to

be a significant rule under E.O. 12866 or

DOT’s Regulatory Policies and

Procedures (44 FR 11034; February 26,

1979). Therefore, it has not been

reviewed by the Office of Management

and Budget. This rule merely conforms

MARAD’s regulations at 46 CFR Part

298 to provisions contained in Pub. L.

104–239 with respect to removal of

some citizenship requirements for

participation in MARAD’s Title XI

Program. Accordingly, pursuant to

provisions of the Administrative

Procedure Act, 5 U.S.C. 553 (c) and (d),

MARAD finds that notice and public

comment are unnecessary and that this

rule may become effective in less than

30 days after its publication.

Federalism

MARAD has analyzed this rulemaking

in accordance with the principles and

criteria contained in E.O. 12612 and has

determined that these regulations do not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Regulatory Flexibility

The Acting Maritime Administrator

certifies that this rulemaking will
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.