Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 63035

Commodity Parts per million

Poultry, mbyp ...................... 0.05

Poultry, meat ....................... 0.05

Sheep, fat ........................... 1.0

Sheep, mbyp ....................... 0.1

Sheep, meat ....................... 0.1

Strawberry ........................... 2.0

Tomato ................................ 0.6

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

§ 185.3225 [Removed]

b. By removing § 185.3225

Fenpropathrin.

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 342, 348 and 701.

§ 186.3225 [Removed]

b. By removing § 186.3225

Fenpropathrin.

[FR Doc. 97–31102 Filed 11–25–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50621C; FRL–5757–6]

RIN 2070–AB27

Dipropylene Glycol Dimethyl Ether;

Final Significant New Use Rule;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA issued a document (FR

Doc. 97–29153) in the Federal Register

of November 4, 1997, adding a

significant new use rule (SNUR) for the

chemical substance described as

dipropylene glycol dimethyl ether

(DGDE), which was the subject of

premanufacture notice (PMN) P–93–

507. The CAS No. listed for DGDE in the

rule was incorrect. This document

corrects that CAS No.

DATES: Effective on November 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, telephone: (202)

554–1404, TDD: (202) 554–0551; e-mail:

TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a document (FR Doc. 97–29153)

in the Federal Register of November 4,

1997 (62 FR 59579) (FRL–5745–1),

stating that the CAS No. for DGDE was

11109–77–4. This document correctly

changes the CAS No. from 11109–77–4

to 111109–77–4.

On page 59583, in the first column, in

§ 721.3550, in paragraph (a), in the fifth

line, ‘‘CAS No. 11109–77–4’’ should

read ‘‘CAS No. 111109–77–4’’.

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: November 19, 1997.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

[FR Doc. 97–31130 Filed 11–25–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF DEFENSE

48 CFR Part 231

[DFARS Case 97–D312]

Defense Federal Acquisition

Regulation Supplement; Allowability of

Costs for Restructuring Bonuses

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to prohibit use of DoD funds

to reimburse a contractor for costs paid

by the contractor to an employee for a

bonus or other payment in excess of the

normal salary paid to the employee,

when such payment is part of

restructuring costs associated with a

business combination. This rule

implements Section 8083 of the Fiscal

Year 1998 Defense Appropriations Act.

DATES: Effective date: November 26,

1997.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before January 26, 1998, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Sandra G. Haberlin, PDUSD (A&T)

DP (DAR), IMB 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350.

E-mail comments submitted over the

Internet should be addressed to:

dfars@acq.osd.mil

Please cite DFARS Case 97–D312 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D312 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms.

Sandra G. Haberlin, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule amends paragraph

(f) (1) of DFARS 231.205–6,

Compensation for personal services, to

implement Section 8083 of the Fiscal

Year 1998 Defense Appropriations Act

(Pub. L. 105–56). Section 8083 prohibits

DoD from using fiscal year 1998 funds

to reimburse a contractor for costs paid

by the contractor to an employee for a

bonus or other payments in excess of

the normal salary paid by the contractor

to the employee, when such payment is

part of restructuring costs associated

with a business combination. Similar

provisions were contained in the Fiscal

Year 1996 and Fiscal Year 1997 Defense

Appropriations Acts (Pub. L. 104–61

and Pub. L. 104–208, respectively).

B. Regulatory Flexibility Act

The interim rule is not expected to

have a significant economic impact on

a substantial umber of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,

because most contracts awarded to

small entities use simplified acquisition

procedures or are awarded on a

competitive, fixed-price basis, and do

not require application of the cost

principle contained in this rule. An

Initial Regulatory Flexibility Analysis

has, therefore, not been performed.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected DFARS subpart

also will be considered in accordance

with 5 U.S.C. 610. Such comments

should be submitted separately and

should cite 5 U.S.C. 601, et seq. (DFARS

Case 97–D312), in correspondence.
63036 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose any information collection

requirements that require Office of

Management and Budget approval

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

D. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish an interim rule prior to

affording the public an opportunity to

comment. This action is necessary to

implement Section 8083 of the Fiscal

Year 1998 Defense Appropriations Act

(Pub. L. 105–56), which was effective

upon enactment on October 8, 1997.

However, comments received in

response to the publication of this

interim rule will be considered in

formulating the final rule.

List of Subjects in 48 CFR Part 231

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 231 is

amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

2. Section 231.205–6 is amended by

revising paragraph (f)(1) to read as

follows:

§ 231.205–6 Compensation for personal

services.

(f)(1) In accordance with Section 8122

of Pub. L. 104–61, and similar sections

in subsequent Defense appropriations

acts, costs for bonuses or other

payments in excess of the normal salary

paid by the contractor to an employee,

that are part of restructuring costs

associated with a business combination,

are unallowable under DoD contracts

funded by fiscal year 1996 or

subsequent appropriations. This

limitation does not apply to severance

payments or early retirement incentive

payments. (See 231.205–70(b) for the

definitions of ‘‘business combination’’

and ‘‘restructuring costs.’’)

[FR Doc. 97–31113 Filed 11–25–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE47

Endangered and Threatened Wildlife

and Plants; Emergency Rule To

Establish an Additional Manatee

Sanctuary in Kings Bay, Crystal River,

FL

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Emergency rule.

SUMMARY: This emergency rule

establishes an additional West Indian

manatee (Trichecus manatus) sanctuary

in Citrus County, Florida, adjacent to

Kings Bay/Crystal River at the

confluence of the Three Sisters Spring

run with a residential canal, and

prohibits all waterborne activities in the

sanctuary for a period of 120 days. This

emergency action will help prevent the

taking of manatees by harassment

resulting from waterborne activities

during upcoming winter months. This

increases the number of sanctuaries in

Kings Bay to seven and has been

initiated to prevent harassment from

increasing public use at this site. A

proposed rule to establish this sanctuary

is published elsewhere in today’s

Federal Register. The proposed rule

provides for public comment and a

hearing (if requested). The emergency

action is effective for 120 days and is

taken under the authority of the

Endangered Species Act of 1973, as

amended, and the Marine Mammal

Protection Act of 1972, as amended.

DATES: Effective November 24, 1997,

through March 23, 1998, unless

terminated sooner by publication in the

Federal Register. In accordance with 50

CFR 17.106, the effective date for this

action was established through a legal

notice published in the St. Petersburg

Times, Citrus County Edition and the

Citrus County Chronicle on November

24, 1997.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours at the Jacksonville Field Office,

U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310,

Jacksonville, Florida 32216–0912.

FOR FURTHER INFORMATION CONTACT:

Robert O. Turner at the above address,

(904/232–2580 ext. 117); or Vance

Eaddy, Senior Resident Agent, U.S. Fish

and Wildlife Service, 9721 Executive

Center Drive, Suite 206, St. Petersburg,

Florida 33702, (813/570–5398).

SUPPLEMENTARY INFORMATION:

Background

Crystal River is a tidal river on the

west coast of Florida. Forming the

headwaters of Crystal River is Kings

Bay, a lake-like body of water fed by

numerous freshwater springs. The Kings

Bay springs constitute one of the most

important natural warm-water refuges

for manatees, a federally listed

endangered species. More than 250

animals may seek refuge in the bay’s

warm waters during winter cold

periods. With the winter presence of

manatees and its sheltered, warm and

clear waters, Kings Bay also attracts

large numbers of waterborne users

(boaters, recreational divers, snorkelers,

and swimmers) most of whom seek out

manatees for a close viewing

experience. The influx of visitors,

primarily there to see and interact with

manatees, provides a major economic

impact to the Crystal River community.

Large aggregations of manatees

apparently did not exist in Kings Bay

until recent times (Beeler and O’Shea

1988). The first careful counts were

made in the late 1960’s. Since then

manatee numbers have increased

significantly. In 1967–1968 Hartman

(1979) counted 38 animals. By 1981–

1982, the maximum winter count

increased to 114 animals (Powell and

Rathbun 1984), and in December 1994

the count was 271 (U.S. Fish and

Wildlife Service, unpublished data).

Both births and immigration of animals

from other areas have contributed to the

increases in manatee numbers at Crystal

River.

The Second Revision of the Florida

Manatee Recovery Plan (U.S. Fish and

Wildlife Service 1995) identifies the

need to minimize disturbance and

harassment of manatees in the wild.

This concern for the welfare of manatees

in Kings Bay has resulted in the

establishment of a series of sanctuary

areas to protect manatees from any

potential negative impacts of human

activities. The first three sanctuaries

were created in 1980, encompassing a

total of about 10 acres in Kings Bay.

These were closed to all human access

each winter from November 15 to March

31 and provided manatees with areas

where they could retreat from

waterborne users. To better administer

and protect the bay’s manatee habitat,

the Service purchased several islands

associated with the sanctuaries in 1983

and established the Crystal River

National Wildlife Refuge. During the

1980’s, the number of manatees and

divers increased steadily, resulting in

the need for additional manatee

sanctuaries. In 1994, the Service