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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 to joint 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 of the

DeCA with the exception of operating

costs authorized for payment from trust

revolving funds. A stock fund will be

used to finance all inventories procured

for resale.

Appendix to Part 383a-Delegations of

Authority

Pursuant to the authority vested in the

Secretary of Defense, and subject to the

direction, authority, and control of the

Secretary of Defense, and in accordance with

DoD policies, Directives, and Instructions, the

Director, DeCA ishereby.delegated authority as required in the administration and

operation of the DeCA to:

1. Establish advisory committees and

employ part-time advisers, as approved by the Secretary of Defense, for the performance of DeCA functions pursuant to 10 U.S.C. 173

Public Law 92-463, "Federal Advisory

Committee Act"; and DoD Directive 5105.4 1

"Department of Defense' 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 5 U.S.C. chapter 55, subchapter V, and

applicable OPM regulations.

4. Authorize and approve: a. Travel of DeCA civilian personnel in

accordance with Joint Travel Regulations,

Volume 2, "DoD Civilian Personnel."

b. Temporary duty travel for military

personnel assigned or detailed to 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 of funds

available for travel by military personnel

assigned or detailed to the DeCA for

expenses regarding attendance at meetings of

technical, scientific, professional, or other

similar organizations in such instances when

I Copies may be obtained, at cost, from the

National Technical Information Service. 5285 Port

Royal Road, Springfield, VA 22161.

2 See footnote 1 to paragraph 1 of this appendix.

the approval of the Secretary of Defense, or

designee, in required by law (37 U.S.C. 412

and 5 U.S.C 4110 and 4111). This authority

cannot be redelegated.

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 small purchases of material and

services, other than personal, services, for the

DeCA when it is determined more

advantageous and consistent with the best

interests of the Government, in accordance

with DoD Directive 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 the DeCA,

consistent with 44 U.S.C. 3702.

9. Establish and maintain appropriate

property accounts for the DeCA'and appoint

Boards of Survey, 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

.accordance with applicable laws and

regulations.

10. Promulgate the necessary security

regulations for the protection of property and

places under the jurisdiction of the Director,

DeCA, pursuant to DOD Directive 5200.8 5,

"Security of Military Installations and

Resources," July 29, 1980.

11. Establish and maintain, for the

functions assigned, a publications system for

the promulgation of common 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,

other DoD Components, Government

Agencies, and foreign governments, as

required for the effective performance of

DeCA functions and responsibilities.

13. Lease property under the control of the

DeCA, under terms that will promote the

national defense or that will be in the public

interest, pursuant to 10 U.S.C. 2667.

14. Exercise the powers vested in the

Secretary of Defense by 5 U.S.C. 301, 302(b),

3101, and 5107 on the employment, direction,

and general administration of DeCA civilian

personnel.

15. Fix rates of pay of wage-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 DoD Wage

Fixing Authority.

3 See footnote I to paragraph 1 of this appendix. 4 See footnote I to paragraph I of this appendix.

3 See footnote 1 to paragraph I of this appendix.

6 See footnote 1 to paragraph I of this appendix.

16. Administer oaths of office to those

entering the Executive branch of the 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 of the 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 of the

Government whose suggestions, inventions,

superior accomplishments, or other 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

of Cash 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.

The Director, DeCA may redelegate these

authorities as appropriate, and in writing,

except as otherwise specifically indiciated

above or as otherwise provided by law or

regulation.

Dated: November 20, 1990.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of 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 for the

Kings County and San Bernardino

County Air Pollution Control 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 of administrative 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

7 See 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 EPA a set of revisions to

the California SIP. This notice addresses

noncontroversial and administrative

rules from the March 26, 1990 SIP

submittal. Below is a listing of the rules

addressed in this notice followed by a

brief description of each rule revision.

Description of Rules

Kings County APCD

Rule 417 Exceptions

Rule 417.1 Agricultural Burning

San Bernardino County APCD

Rule 101 Title

Rule 102 Definition of Terms

Rule 103 Description of the District

Boundaries

Rule 104 Reporting of Source Test Data and

Analyses

Rule 105 Authority to Arrest

Rule 106 Increments of Progress

EPA Evaluation

Kings County APCD

Rule 417, Exceptions, has been revised

to add wildland vegetation management

without altering the stringency of the

control requirements within rule. 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 of the

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 of wildland

vegetation management burning.

Son Bernardino County APCD

Rule 101, Title, consists of an editorial

change without changing the meaning of

the rule.

Rule 102, Definition of Terms, consists

of revising several definitions that were

previously approved. Also, 21 new

definitions are being added. The new

definitions are as follows: Agricultural

Burning, Boundaries of the 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. This rule contains no appendix

D or Ract deficiencies. This rule

strengthens the existing SIP by adding

these new definitions and clarifying

others.

It has also been made more

enforceable because the currently

approved SIP rule 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 of the Clean Air Act. Two

definitions are not being acted on-in this

notice as they will be acted on in a

separate Federal Register notice.

Revisions to Rule 103, Description of

the District Boundaries, consist of

editorial changes without changing the

meaning of the rule.

In Rules 104, Reporting of Source Test

Data and Analyses, 105, Authority to

Arrest, and 106, Increments of Progress,

the phrase "Air Pollution Control

Officer" is being replaced with

"Executive Officer". This is an editorial

change and does not alter the stringency

of the rule.

EPA Action

EPA's review of these 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 of specific technical, economic, and

environmental factors and in relation to

relevant statutory and regulatory

requirements.

EPA is publishing this action without

prior proposal 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 of its publication, notice is

received that adverse or critical

comments will be submitted.

If such notice is received, this action

will be withdrawn before the effective

date by publishing two subsequent

notices. One notice will withdraw the

final action and another will begin a

new rulemaking by announcing a

proposal of the action and establishing a

comment period. If no such comments

are received, the public is advised that

this action will be effective January 28,

1991.

Regulatory Process

Under 5 U.S.C. section 605(b), I certify

that this SIP revision will not have a

significant economic impact on a

substantial number of small entities.

(See 46 FR 8709.)

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

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 3 SIP revisions (54 FR 2222) from the

requirements of Section 3 of Executive

Order 12291 for a period of two years.

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals 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 of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone,

Particulate matter, and Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 28, 1990.

John Wise,

Acting Regional Administrator.

Subpart F of part 52, chapter 1, title 40

of the Code of Federal Regulations is

amended as follows:

PART 52-[AMENDEDl

Subpart F-California

1. The authority citation for part 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 Identification of 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 Air Pollution Control

District.

(1) Amended Rules 417 and 417.1 adopted

on February 28, 1989.

(1) San Bernardino County Air Pollution

District.

(1) Amended Rules 101, 102 (except fugitive

liquid leak and fugitive vapor leak), 103, 104,

105, and 106 adopted on December 19, 1988.

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

BILLING CODE 6560-50-M

48 CFR Part 1536

[FRL-3863-81

Acquisition Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule clarifies the

applicability of the 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 of a project.

Other subcontractors will also not be

prohibited from award on the

construction of a project unless their

work substantially affects the course of

the design. For prime contractors, and

subcontractors whose input

substantially affects the course of the

design work, approval by the

Responsible Associate Director in the

EPA Procurement and Contracts

Management Division is necessary

before they may be awarded the

construction contract.

EFFECTIVE DATE: This rule 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

proposed rule on August 15,.1990 (55 FR

33337) with comments due by September

14, 1990. One comment was received.

The commenter supported the policies

being proposed by the rule but

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 of Management

and Budget (OMB) review of agency

procurement regulations. This regulation

does not fall within any of the 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 of OMB 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 of small entities. The

rule merely clarifies the applicability of

the FAR and provides factors for

consideration in granting approvals

under FAR 36.209.

List of Subjects in 48 CFR Part 1536

Government procurement,

Construction and Architect-Engineer

Contracts.

For the reasons set out in the

preamble, chapter 15 of title 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 of FAR 36.209 do

not apply to subcontractors performing

treatability studies.

(b] The provisions of FAR 36.209 also

do not apply to subcontractors whose

input during the design phase does not

substantially affect the course of the

design work.

(c) Approval under FAR 36.209 is not

required for subcontractors under

paragraph (a) or (b) of this section.

Approval for all other subcontractors

and prime contractors may be granted

by the Responsible Associate Director

(RAD). In reviewing requests for

approval, the RAD shall consider factors

such as the availability of other firms to

perform the necessary construction or

Superfund remedial action work, the

estimated cost to the Government, and

the policy of the Agency to promote the

use of innovative technology.

Dated: November 14, 1990.

John C. Chamberlin,

Director, Office of 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 of closure.

SUMMARY: The Secretary of Commerce

(Secretary) prohibits fishing for

groundfish in the Gulf of Alaska with

trawl gear other than pelagic trawl gear

from November 20, 1990, through

December 31, 1990. This action is

necessary to limit the prohibited species

catch of Pacific halibut established for

Federal Register / Vol. 55,