Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50547

predict the effects of inhalation

exposure, as an alternative to testing

proposed under the HAPs rule.

On October 18, 1996, EPA extended

the public comment period on the

proposed rule from December 23, 1996,

to January 31, 1997 (61 FR 54383) (FRL–

5571–3). This extension was for the

purpose of allowing more time for the

submission of PK proposals and

adequate time for comments on the

proposed rule to be submitted after the

Agency had responded to the proposals.

EPA has received eight PK proposals for

diethanolamine, ethylene dichloride,

ethylene glycol, hydrogen fluoride,

maleic anhydride, phthalic anhydride,

1,2,4-trichlorobenzene, and

1,1,2trichloroethane). In addition, the

Agency has received another proposal to

develop an ECA for an alternative

testing program for methyl isobutyl

ketone. EPA has agreed to review the

contents of this proposal and to provide

comments on its technical merit and

relevance to the proposed HAPs testing

requirements.

Due to the complexity of the issues

raised by the PK proposals and other

issues related to test guidelines, EPA

successively extended the public

comment period (61 FR 67516,

December 23, 1996 (FRL–5580–6); 62 FR

9142, February 28, 1997 (FRL–5592–1);

62 FR 14850, March 28, 1997 (FRL–

5598–4); 62 FR 29318, May 30, 1997

(FRL–5722–1); 62 FR 37833, July 15,

1997 (FRL–5732–2)) to allow the

Agency more time to respond to the PK

proposals and to finalize the test

guidelines to be referenced in the

proposed HAPs test rule. This extension

of the comment period is needed to

allow the Agency more time to complete

work on amending the proposed HAPs

test rule.

EPA has completed seven preliminary

technical analyses for the PK proposals

that were submitted in response to the

Agency’s solicitation on June 26, 1996.

These include HAPs chemicals:

hydrogen fluoride, 1,1,2-trichlorethane,

ethylene dichloride, maleic anhydride,

phthalic anhydride, 1,2,4-

trichlorobenzene, and ethylene glycol.

Copies of these preliminary technical

analyses have been sent to the

submitters and placed in the public

record for this action (OPPTS–42187B;

FRL–4869–1). The Agency intends to

provide comments to the submitter of

the other PK proposal as soon as

possible but in any event prior to the

close of the comment period. EPA also

recognizes that submitters may need to

revise their proposals based on EPA

comments. If the Agency decides to

proceed with the ECA process, EPA will

announce, in the Federal Register, one

or more public meetings to discuss the

proposals and to negotiate ECAs. In that

document, the Agency will solicit

persons interested in participating in or

monitoring negotiations to develop

ECAs based on: the PK testing proposals

or revisions thereof, EPA’s preliminary

technical analyses, and additional

comments on EPA’s preliminary

technical analyses provided by the

submitters. The procedures for ECA

negotiations are described at 40 CFR

790.22(b).

The Agency emphasizes that the

submission of proposals to develop

ECAs to conduct alternative testing

using PK is no guarantee that EPA and

the submitters will, in fact, conclude

such agreements. Therefore, EPA urges

all submitters of PK proposals to

comment on the HAPs proposed rule as

an activity separate from the PK

proposal/ECA process.

On August 15, 1997, EPA

promulgated eleven new TSCA test

guidelines (62 FR 43820)(FRL–5719–5),

codified at 40 CFR part 799, subpart H.

These TSCA part 799 test guidelines

were developed based on the OPPTS

harmonized guidelines that were

developed from the OPPTS guideline

harmonization process. In the original

HAPs proposal and subsequent notices

extending the comment period on the

rule, EPA indicated that, for the

purposes of this rulemaking and testing

under TSCA section 4(a), the Office of

Pollution Prevention and Toxics (OPPT)

intends to reference final TSCA test

guidelines developed from the OPPTS

harmonized guidelines. The eleven

TSCA test guidelines are included in the

record for this rulemaking.

EPA is amending the proposed HAPs

test rule to reference the eleven new

TSCA part 799 test guidelines and to

seek comment on the guidelines as

referenced in enforceable test standards

in the forthcoming amended HAPs

proposal. In addition, the amendment

will provide a revised economic

assessment and describe other changes

and clarifications to the proposed test

rule. This amendment to the proposed

HAPs test rule will be published in the

Federal Register as soon as possible but

in any event no later than December 1,

1997.

II. Public Record

The official record for this

rulemaking, as well as the public

version, has been established for this

rulemaking under docket control

number (OPPTS–42187A; FRL–4869–1)

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 12 noon

to 4 p.m., Monday through Friday,

excluding legal holidays. The official

rulemaking record is located in the

TSCA Nonconfidential Information

Center, Rm NE–B607, 401 M St., SW.,

Washington, DC.

Electronic comments can be sent

directly to EPA at

oppt.ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on disks in

WordPerfect in 5.1 file format or ASCII

file format. All comments and data in

electronic form must be identified by

the docket control number (OPPTS–

42187A; FRL–4869–1). Electronic

comments on the proposed rule may be

filed online at many Federal Depository

Libraries.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: September 22, 1997.

Charles M. Auer,

Chemical Control Division, Office of Pollution

Prevention and Toxics.

Accordingly, EPA is extending the

comment period on the proposed rule to

December 1, 1997.

[FR Doc. 97–25657 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–F

COMMITTEE FOR PURCHASE FROM

PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

41 CFR Parts 51–2, 51–4, and 51–6

Miscellaneous Amendments to

Committee Regulations

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Proposed rule.

SUMMARY: The Committee is proposing

to make changes to five sections of its

regulations to clarify them and improve

the efficiency of operation of the

Committee’s Javits-Wagner-O’Day

(JWOD) Program. The changes are

necessary to clarify and expand earlier

regulation changes and to eliminate

unnecessary regulatory language.

DATES: Submit comments on or before

November 25, 1997.

ADDRESSES: Committee for Purchase

From People Who Are Blind or Severely
50548 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules

Disabled, Crystal Square 3, Suite 403,

1735 Jefferson Davis Highway,

Arlington, Virginia 22202–3461.

FOR FURTHER INFORMATION CONTACT: G.

John Heyer (703) 603–7740. Copies of

this notice will be made available on

request in computer diskette format.

SUPPLEMENTARY INFORMATION: The

Committee is proposing to amend § 51–

2.4 of its regulations to clarify further

that its authorizing statute, the JWOD

Act, 41 U.S.C. 46–48c, treats addition of

commodities and services to the

Procurement List and the establishment

by the Committee of a fair market price

as two separate functions and applies

the requirement for notice and comment

rulemaking only to the addition

function. This area was first addressed

in 1994 (59 FR 59338, Nov. 16, 1994)

with the removal of fair market price

from the list of suitability criteria for

Procurement List additions, in

accordance with a 1992 court decision,

McGregor Printing Corporation v. Kemp,

802 F. Supp. 519, 527 (D.D.C), rev’d on

other grounds, 20 F.3d 1188 (D.C. Cir.

1994). The proposed amendment states

that the Committee does not consider

comments on proposed fair market

prices for commodities and services

proposed for addition to the

Procurement List to be pertinent to a

suitability determination. Accordingly,

they will not be addressed when the

Committee makes an addition decision.

This amendment will not affect the

ability of Government and other

appropriate parties to comment on

proposed fair market prices and price

changes in connection with the

Committee’s fair market pricing process.

The Committee also proposes to remove

paragraph 51–2.4(a)(4)(C) of its

regulations to eliminate one of two

essentially redundant statements in

§ 51–2.4 to the effect that the Committee

considers pertinent comments when

making its addition decisions.

The Committee also amended

paragraphs (b)(6) and (c)(1) of § 51–4.3

of its regulations in 1994 (59 FR 59343)

to allow the acceptance of State

certifications of blindness or other

severe disabilities as documentation of

disability, in additions to reports by

individual health professionals. Many of

these certifications, however, are done

by health professionals at local

governmental bodies, such as public

schools. The proposed amendment

would allow acceptance of these

certifications.

Paragraph (c) of § 51–4.4 of the

Committee’s regulations permits

nonprofit agencies participating in the

JWOD Program to subcontract a portion

of the process for providing a

commodity on the Procurement List.

The proposed amendment would extend

this permission to services on the

Procurement List, and would specify

how the Committee will oversee routine

subcontracting of a part of the

production process.

Paragraph (c) of § 51–6.12 of the

Committee’s regulations requires

Government contracting activities to

provide a 90-day notice when changing

the scope of work of a service on the

Procurement List. The proposed

amendment would make it clear that

this notice requirement also applies to

situations where the contracting activity

converts a service to performance by

Government personnel.

Prior to the 1991 revision of the

Committee’s regulations (56 FR 48974,

Sept. 26, 1991), the matters contained in

current parts 51–5 and 51–6 were in a

single part 51–5, which had a disputes

provision applicable to the entire part of

the Committee’s regulations. The

proposed amendment clarifies the

disputes provision, § 51–6.14, to state its

applicability to both parts 51–5 and 51–

6.

Regulatory Flexibility Act

I certify that this proposed revision of

the Committee regulations will not have

a significant economic impact on a

substantial number of small entities

because the revision clarifies program

policies and does not essentially change

the impact of the regulations on small

entities.

Paperwork Reduction Act

The Paperwork Reduction Act does

not apply to this proposed rule because

it contains no new information

collection or recordkeeping

requirements as defined in that Act and

its regulations.

Executive Order No. 12866

The Committee has been exempted

from the regulatory review requirements

of the Executive Order by the Office of

Information and Regulatory Affairs.

Additionally, the proposed rule is not a

significant regulatory action as defined

in the Executive Order.

List of Subjects in 41 CFR Parts 51–2,

51–4, and 51–6

41 CFR Part 51–2

Organization and functions

(Government agencies)

41 CFR Part 51–4

Reporting and recordkeeping

requirements.

41 CFR Part 51–6

Government procurement,

Handicapped.

For the reasons set out in the

preamble, Parts 51–2, 51–4, and 51–6 of

Title 41, Chaper 51 of the Code of

Federal Regulations are proposed to be

amended as follows:

1. The authority citation for Parts 51–

2, 51–4, and 51–6 continues to read as

follows:

Authority: 41 U.S.C. 46–48c.

PART 51–2—COMMITTEE FOR

PURCHASE FROM PEOPLE WHO ARE

BLIND OR SEVERELY DISABLED

2. Section 51–2.4 is amended by

removing paragraph (a)(4)(C) and adding

a sentence to paragraph (b), to read as

follows:

§ 51–2.4 Determination of suitability.

* * * * *

(b) * * * Because the Committee’s

authority to establish fair market prices

is separate from its authority to

determine the suitability of a

commodity or service for addition to the

Procurement List, the Committee does

not consider comments on proposed fair

market prices for commodities and

services proposed for addition to the

Procurement List to be pertinent to a

suitability determination.

PART 51–4—NONPROFIT AGENCIES

3. Section 51–4.3 is amended by

revising paragraphs (b)(6) and (c)(1), to

read as follows:

§ 51–4.3 Maintaining qualification.

* * * * *

(b) * * *

(6) Maintain a file for each blind

individual performing direct labor

which contains a written report

reflecting visual acuity and field of

vision of each eye, with best correction,

signed by a person licensed to make

such an evaluation, or a certification of

blindness by a State or local

governmental entity.

* * * * *

(c) * * *

(1) A written report signed by a

licensed physician, psychiatrist, or

qualified psychologist, reflecting the

nature and extent of the disability or

disabilities that cause such person to

qualify as a person with a severe

disability, or a certification of the

disability or disabilities by a State or

local governmental entity.

* * * * *

4. Section 51–4.4 is amended by

revising paragraph (c), to read as

follows:
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Proposed Rules 50549

§ 51–4.4 Subcontracting.

* * * * *

(c) Nonprofit agencies may

subcontract a portion of the process for

producing a commodity or providing a

service on the Procurement List

provided that the portion of the process

retained by the prime nonprofit agency

generates employment for persons who

are blind or have other severe

disabilities. Subcontracting intended to

be a routine part of the production of a

commodity or provision of a service

shall be identified to the Committee at

the time the commodity or service is

proposed for addition to the

Procurement List and any significant

changes in the extent of subcontracting

must be approved in advance by the

Committee.

* * * * *

PART 51–6—PROCUREMENT

PROCEDURES

5. Section 51–6.12 is amended by

revising paragraph (c), to read as

follows:

§ 51–6.12 Specification changes and

similar actions.

* * * * *

(c) For services on the Procurement

List, the contracting activity shall notify

the nonprofit agency furnishing the

service and the central nonprofit agency

concerned at least 90 days prior to the

date that any changes in the statement

of work or other conditions of

performance will be required, including

assumption of performance of the

service by the contracting activity.

* * * * *

6. Section 51–6.14 is revised to read

as follows:

§ 51–6.14 Disputes.

Disputes between a nonprofit agency

and a contracting activity arising out of

matters covered by parts 51–5 and 51–

6 of this chapter shall be resolved,

where possible, by the contracting

activity and the nonprofit agency, with

assistance from the appropriate central

nonprofit agency. Disputes which

cannot be resolved by these parties shall

be referred to the Committee for

resolution.

Dated: September 23, 1997.

Beverly L. Milkman,

Executive Director

[FR Doc. 97–25610 Filed 9–25–97; 8:45 am]

BILLING CODE 6353–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–203, RM–9132]

Radio Broadcasting Services; Wallace,

ID and Lolo, MT

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed by Hawkeye Radio Properties, Inc.,

permittee of Station KQWK(FM),

Channel 248C2, Wallace, Idaho,

requesting the reallotment of Channel

248C2 to Lolo, Montana, as a Class C3

channel, and modification of its

authorization accordingly, pursuant to

the provisions of § 1.420(i) of the

Commission’s Rules. Coordinates used

for Channel 248C3 at Lolo, Montana, are

46–53–07 and 114–06–30. As Lolo,

Montana, is located within 320

kilometers (199 miles) of the Canadian

border, the Commission must obtain

concurrence of the Canadian

government to this proposal.

The petitioner’s modification

proposal complies with the provisions

of § 1.420(i) of the Commission’s Rules,

and therefore, we will not accept

competing expressions of interest in the

use of Channel 248C3 at Lolo, Montana,

or require the petitioner to demonstrate

the availability of an additional

equivalent class channel.

DATES: Comments must be filed on or

before November 10, 1997, and reply

comments on or before November 25,

1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner, as follows: Dale A. Ganske,

President, Hawkeye Radio Properties,

Inc., 5546–3 Century Avenue,

Middleton, WI 53562.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–203, adopted September 10, 1997,

and released September 19, 1997. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Center (Room 239),

1919 M Street, NW., Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–25592 Filed 9–25–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–194; RM–9128]

Radio Broadcasting Services; Shelley

and Island Park, ID

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Woodcom, Inc.

seeking the substitution of Channel

292C1 for Channel 300C at Shelley,

Idaho, and modification of its

authorization (File No. BPH950123MH)

to specify operation on the lower class

channel. Additionally, to accommodate

the requested substitution at Shelley,

petitioner requests the substitution of

Channel 300C for Channel 293C at

Island Park, Idaho, for which an

application is pending. Coordinates

designated for Channel 292C1 at Shelley

are 43–06–45 and 112–29–34.

Coordinates specified for Channel 300C

at Island Park are those set forth in the

pending application at Island Park at

44–10–31 and 111–25–47.

Additionally, petitioner’s

modification proposal is consistent with

the provisions of § 1.420(g)(2) of the

Commission’s Rules as an additional