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Citation: 55 Fed. Reg. 49281 1990

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### No. 228 / Tuesday, November 27, 1990 / Rules and Regulations 49281

(c) The Military Departments shall assign military personnel to the DeCA in accordance with approved authorizations and procedures for assignment tojoint duty.

(d) Programming, budgeting, funding, procuring, auditing, accounting, pricing, and reporting activities of the.DeCA shall be in accordance with established 

### DOD policies and procedures.

(e) Appropriated funds shall be used to finance the operating costs ofthe DeCA with the exception ofoperating costs authorized for payment from trust revolving funds. A stock fund willbe used to 

### finance all inventories procured forresale. Appendix to Part 383a-Delegations of Authority

Pursuant to the authority vested in the Secretary ofDefense, and subject to the direction, authority, and control of the Secretary ofDefense, andin accordance with DoD policies, Directives, and Instructions, the Director, DeCA ishereby.delegated authority

as required in the administration and operation ofthe DeCA to:

1.Establish advisory committees and employ part-time advisers, as approved by the Secretary ofDefense, for the performance ofDeCA functions pursuant to10 U.S.C. 173 Public Law 92-463, "Federal Advisory Committee Act"; andDoD Directive 5105.4 1 "Department ofDefense'Federal Advisory Committee Management Program," September 5,1989.

2.Designate any position in the DeCA as a 'sensitive" position, in accordance with 5 U.S.C. 7532;Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2 2, "DoD Personnel Security Program," December 20, 1979, as appropriate.

3.Authorize and approve overtime work for DeCA civilian personnel in accordance with 5U.S.C. chapter55, subchapter V, and applicable OPM regulations.

4.Authorize and approve: a. Travel ofDeCA civilian personnel in accordance with Joint Travel Regulations, Volume 2, "DoD Civilian Personnel."

b.Temporary duty travel for military personnel assigned or detailedto the DeCA in accordance with Joint Federal Travel Regulations, Volume 1, "Uniformed Service Members."

c. Invitational travel to persons serving without compensation whose consultative, advisory or other highly specialized technical services are required in a capacity that is directly related to or in connection with, DeCA activities, pursuant to 5 U.S.C. 5703.

5.Approve the expenditure offunds available for travel by military personnel assigned or detailed to the DeCA for expenses regarding attendance at meetings of technical, scientific, professional, orother similar organizations in such instances when

ICopies maybe obtained, at cost, from the National Technical Information Service. 5285Port RoyalRoad, Springfield, VA 22161.

2Seefootnote 1to paragraph 1of this appendix. the approval ofthe Secretary ofDefense, or designee, inrequired by law (37 U.S.C. 412 and 5 U.S.C 4110 and 4111).This authority
cannot beredelegated.

6. Develop, establish, and maintain in active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2 3, "Records Management Program," September 17, 1980.

7. Establish and use imprest funds for making smallpurchases ofmaterial and services, other than personal,services, for the DeCA when it is determined more advantageous and consistent with the best interests ofthe Government, inaccordance with DoDDirective 7360.104 4, "Disbursing Policies," January 17,1989.

8. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals, as required for the effective administration and operation of theDeCA, consistent with 44 U.S.C. 3702.

9. Establish and maintain appropriate property accounts for the DeCA'and appoint Boards ofSurvey, approve reports of survey, relieve personal liability, and drop accountability for DeCA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in .accordancewith applicable laws and regulations.

10.Promulgate the necessary security regulations for the protection ofproperty and places under thejurisdiction ofthe Director, DeCA, pursuant toDOD Directive 5200.8 5, "Security ofMilitary Installations and Resources," July 29, 1980.

11. Establish and maintain, for the functions assigned, a publications system for the promulgation ofcommon supply and 'service regulations, instiuctions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M 6 "Department:of Defense Directives System Procedures," April 1981.

12. Enter into support and service agreements with the Military Departments, otherDoD Components, Government Agencies, and foreign governments, as required for the effective performance of DeCA functions and responsibilities.

13. Lease property under the control ofthe DeCA, under terms that will promote the national defense or that will be in the public interest,pursuant to 10U.S.C. 2667.

14. Exercise the powers vested in the Secretary ofDefense by 5 U.S.C. 301, 302(b), 3101, and 5107 on the employment, direction, and general administration ofDeCA civilian personnel.

15. Fix rates ofpay ofwage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Combined Federal Wage System. In fixing such rates, the Director, DeCA, shall follow the wage schedule established by the DoDWage Fixing Authority.

3See footnote I toparagraph 1ofthis appendix. 4See footnote I toparagraph I ofthis appendix. 3See footnote 1toparagraph I ofthis appendix. 

### 6

See footnote 

### 1toparagraph I ofthis appendix. 16. Administer oaths ofoffice to those entering the Executive branch ofthe Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees ofthe DeCA to perform this function.

17 Establish a DeCA Incentive Awards Board, and pay cash awards to, and incur
necessary expenses for the honorary recognition of,civilian employees ofthe Government whose suggestions, inventions, superior accomplishments, orother personal efforts, including special acts or services, benefit or affect the DeCA, in accordance with 5 U.S.C. 4503, OPM regulations, and DoD Directive 5120.15 7, "Authority for Approval ofCash Honorary Awards for DoD Personnel," August.13, 1985.

18. Maintain an official seal and attest to the authenticity of official DeCA records under that seal.

TheDirector, DeCA may redelegate these authorities as appropriate, and in writing, except as otherwise specifically indiciated above oras otherwise provided by law or regulation.

Dated: November 20, 1990. L.M. Bynum, AlternateOSDFederal RegisterLiaison Officer,Departmentof Defense. '[FR Doc. 90-27793 Filed 11-26-90;-8:45 am)

BILLING CODE 3810-01-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL.-3851-31

Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision forthe Kings County and San Bernardino County Air PollutionControl Districts

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: This notice approves revisions to the California State Implementation Plan (SIP). The California Air Resources Board (ARB) submitted these revisions to EPA on March 26, 1990, for inclusion in the SIP. This notice affects the Kings County and the San Bernardino County Air Pollution Control Districts (APCD). These revisions consist ofadministrative and noncontroversial rules. EPA is approving these revisions because they retain or strengthen the existing SIP. EFFECTIVE DATE: This action will be effective on January 28, 1991, unless notice is received on or before

7See footnote 1 to paragraph 1 ot this appendix 

### Federal Register / Vol. 55,

### 49282 Federal Register / Vol. 55, No. 228 1 Tuesday, November 27, 1990 / Rules and Regulations

December 27, 1990, that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Comments may be sent to: Colleen W. McKaughan, Environmental Protection Agency, Region 9, Attn: Air and Toxics Division, State Implementation Plan Section (A-2-3), 1235 Mission Street, San Francisco, CA 94103.

Copies of the rules and EPA's Evaluation reports are available for public inspection during normal business hours at the EPA Region 9 office in San Francisco. For information

on a rule concerning a specific county, you may contact the ARB or the appropriate office listed below.
California Air Resources Board, Rule

Evaluation Section, Stationary Source Section, 1219 K Street,Sacramento, CA 95814. Kings County Air Pollution Control

District, 330 Campus Drive, Hanford, CA 93230. San Bernardino County Air Pollution

District. 15428 Civic Drive, Suite 200, Victorville, CA 92392. Public Information Reference Unit,U.S.

Environmental Protection Agency, 401 "M" Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen (A-2-3), State Implementation Plan Section, Air and Toxics Division, Environmental Protection Agency, Region 9, 1235 Mission Street, San Francisco, CA 94103, tel: (415)556-5244 or FTS: 556-5244.
SUPPLEMENTARY INFORMATION: Background

On March 26, 1990, the ARB officially submitted to EPAa set ofrevisions to the California SIP.This notice addresses noncontroversial and administrative rules from the March 26, 1990 SIP submittal. Below is a listing oftherules addressed in this notice followed by a briefdescription ofeach rule revision. Description ofRules
Kings CountyAPCD Rule 417 Exceptions Rule 417.1 Agricultural Burning
San Bernardino CountyAPCD Rule 101 Title Rule 102 Definition ofTerms Rule 103 Description ofthe District Boundaries Rule 104 Reporting ofSource TestData and Analyses Rule 105 Authority to Arrest Rule 106 Increments ofProgress EPA Evaluation Kings CountyAPCD

Rule 417,Exceptions,has been revised
to add wildland vegetation management without altering the stringency ofthe control requirements withinrule. The revised rule also contains editorial changes.

Rule 417.1,Agricultural Burning,add definitions to agricultural burning.The

new definitions are "Prescribed Burning" and 'Wildland Vegetation Management Burning." The definition of

..agricultural wastes" consists of an editorial change for clarification, without changing the meaning ofthe definition. Also, control requirements for Wildland Vegetation Management Burning have been added to this rule and apply to all burning which comes under the definition ofwildland vegetation management burning.

Son BernardinoCountyAPCD

Rule 101, Title,consists ofan editorial change without changing the meaning of therule.

Rule 102, DefinitionofTerms, consists ofrevising several definitions that were previously approved. Also, 21 new definitions are being added. Thenew definitions are as follows: Agricultural Burning, Boundaries ofthe District, Certified Vapor Recovery System, District Director, Excavation, Excess Organic Liquid Drainage, Executive Officer, Existing Facility, Gasoline Storage and Dispensing Facility, Gasoline Vapors, Modified Facility, Operator, Owner,Rebuilt Equipment, Registered Motor Vehicle, Retail Gasoline Station, San Bernardino County Air Pollution Control District, Switch Loading, Tank Replacement, Throughput, and Vapor Recovery System. Thisrule contains no appendix D or Ract deficiencies. Thisrule strengthens the existing SIPby adding these new definitions and clarifying others.

It has alsobeen made more enforceable because the currently approved SIPrule contains some undefined terms which could be open to alternate interpretation. Meeting all of these criteria, San Bernardino Rule 102 should be approved under section 110 and part D ofthe Clean AirAct. Two definitions are not being acted on-in this notice as they willbe acted on in a separate Federal Register notice.

Revisions to Rule 103,Descriptionof the District Boundaries,consist of editorial changes without changing the meaning of therule.

In Rules 104, ReportingofSource Test Dataand Analyses, 105,Authorityto Arrest,and 106, Incrementsof Progress, the phrase "Air Pollution Control Officer" is being replaced with "Executive Officer". This is an editorial change and does not alter the stringency ofthe rule.

EPA Action

EPA's review ofthese revised rules finds them consistent with the Clean Air Act, 40 CFR part 51, and EPA policy. EPA is approving these rule revisions because they either maintain or strengthen the existing SIP.Therefore, EPA is taking final action to approve these rules under section 110 of the Clean Air Act.

Nothing in this action should-be construed as permitting or allowing or establishing precedent for any future request for revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light ofspecific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

EPA is publishing this action without priorproposal because the Agency views this as a noncontroversial amendment action and anticipates no adverse comments. This action will be effective January 28, 1991, unless,within 30 days ofits publication, notice is received that adverse or critical
comments willbe submitted.

If such notice isreceived, this action willbe withdrawn before the effective date by publishing two subsequent notices. One notice will withdraw the final action and another willbegin a

new rulemaking by announcing a proposal ofthe action and establishing a comment period. Ifno such comments

are received, the public is advised that this action will be effective January 28, 1991. Regulatory Process

Under 5U.S.C. section 605(b), Icertify that this SIPrevision will nothave a significant economic impact on a substantial number ofsmall entities. (See 46 FR 8709.)

This action has been classified as a Table 3 action bythe Regional Administrator under theprocedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of Management and Budget waived Table 2 and 3SIP revisions (54 FR 2222) from the requirements ofSection 3of Executive Order 12291 for a period oftwo years.

Under section 307(b)(1) of the Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate

### No. 228 / Tuesday, November 27, 1990 / Rules and Regulations :49283

circuit by January 28, 1991. This action may not be challenged later in proceedings to enforce its requirements. 

### (See section 307(b)(2).)

List ofSubjects in 40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference, Ozone, Particulate matter, and Reporting and recordkeeping requirements.

Note: Incorporation by reference ofthe State Implementation Plan forthe State of California was approved by the Director of the Federal Register on July 1,1982.

Dated: September 28, 1990. John Wise, ActingRegional Administrator. Subpart Fof part 52, chapter 1,title 40 ofthe Code ofFederal Regulations is amended as follows:


### PART 52-[AMENDEDl
Subpart F-California

1.The authority citation forpart 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7642.
2. Section 52.220 is amended by adding paragraph (c)(179) to read as follows:
§52.220 Identificationof plan.



### (c)* * * (179) Revised regulations for the following APCD's were submitted on March 26, 1990, by the Governor's designee.

(i)Incorporation by reference. (A)Kings County AirPollution Control District.

(1)Amended Rules 417 and 417.1 adopted

on February 28, 1989.

(1)San Bernardino County AirPollution District.

(1)Amended Rules 101, 102 (except fugitive liquid leak and fugitive vapor leak), 103, 104, 105, and 106 adopted onDecember 19, 1988.

[FR Doc.90-27792 Filed 11-26-90: 8:45am]

BILLING CODE 6560-50-M



### 48 CFR Part 1536 [FRL-3863-81 AcquisitionRegulation
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: This rule clarifies the 

### applicability ofthe Federal Acquisition Regulation's provisions on construction contracts with architect-engineer firms regarding their applicability to subcontractors. Under the rule, subcontractors performing treatability studies will not be prohibited from award on the construction ofa project. Other subcontractors will also not be prohibited from award on the construction ofa project unless their work substantially affects the course of the design. For prime contractors, and subcontractors whose input substantially affects the course ofthe design work, approval by the Responsible Associate Director in the EPAProcurement and Contracts Management Division isnecessary before they may be awarded the construction contract. EFFECTIVE DATE: 

### Thisrule is effective November 27, 1990.

FOR FURTHER INFORMATION CONTACT. Joseph Nemargut, Jr. at (202) 382-5019 (FTS 382-5019).

SUPPLEMENTARY INFORMATION:
A. Background

This regulation was published as a proposedrule on August 15,.1990 (55FR 33337) with comments due by September 14, 1990. One comment was received.

The commenter supported the policies being proposed by the rulebut suggested that wording be modified for clarity and to ensure it is applied consistently. The EPA agrees and has made minor editorial changes to address these comments.
B. Executive Order 12291

OMB Bulletin No. 85-7, dated December 14, 1984, establishes the requirements for Office ofManagement and Budget (OMB) review ofagency procurement regulations. Thisregulation does not fall within any ofthe categories cited in this Bulletin requiring OMB review.
C. Paperwork Reduction Act

The Paperwork Reduction Act does
not apply because this rule does not propose any information collection requirements, which would require the approval ofOMB under 44 U.S.C. 3501, et seq.
D. Regulatory Flexibility Act

•The EPA certifies this rule does not exert a significant economic impact on a substantial number ofsmall entities. The rule merely clarifies the applicability of the FAR and provides factors for consideration in granting approvals under FAR 36.209.
List ofSubjects in 48 CFR Part 1536

Government procurement, Construction and Architect-Engineer Contracts. For the reasons set out in the preamble, chapter 15 oftitle 48 Code of Federal Regulations is amended as follows:

PART 1536-AMENDED]

1.The authority citation for part 1536 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).

• 2. Section 1536.209 is revised to read

as follows:
1536.209 Construction contracts with architect-engineer firms.

(a) The provisions ofFAR 36.209 do not apply to subcontractors performing treatability studies.

(b] The provisions ofFAR 36.209 also do not apply to subcontractors whose input during the design phase does not substantially affect the course ofthe design work.

(c) Approval under FAR 36.209 isnot required for subcontractors under paragraph (a) or (b) ofthis section. Approval for all other subcontractors and prime contractors may be granted by the Responsible Associate Director (RAD). Inreviewing requests for approval, the RAD shall consider factors such as the availability ofother firms to perform the necessary construction or Superfund remedial action work, the estimated cost to the Government, and the policy ofthe Agency to promote the

use ofinnovative technology.

Dated: November 14, 1990. John C.Chamberlin, Director, Officeof Administration. [FR Doc. 90-27813 Filed 11-26-90; 8:45 am]

BILLING CODE 6560-50-M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611 and 672 [Docket No. 91050-00191
Foreign Fishing;Groundfish of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce. ACTION: Notice ofclosure.

SUMMARY: The Secretary ofCommerce (Secretary) prohibits fishing for groundfish in the GulfofAlaska with trawl gear other than pelagic trawl gear fromNovember 20, 1990, through December 31, 1990. This action is necessary to limit the prohibited species catch ofPacific halibut established for 

### Federal Register / Vol. 55,