p.1 

OAR Box 1778 

Prepped by Ollie Stewart 

Document Number: 

252) lll-A-3 

Docket Number: 

A-90-06 

Printed 10/28/2008 9:51:03 AM Sheet 252 of 276 
3C238 

trr-A-3 

Federal Register / Vol. 56. No. 227 / Monday. November 25. 1991 / Proposed Rules 

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charges that are applicable to sales 

under FMS. Sales to Federal customers 

other than Department of Defense shall 

be priced in accordance with chapter 26 

of the DoD Accounting Manual. DoD 

7220.9-M.3 

(4) An obligation for a reimbursable 

procurement may not exceed the cash 

received from an authorized purchaser 

aa prescribed in paragraph (c)(2) of this 

section. If there is an increase in the 

procurement contract cost, the 

purchaser shall be required to make 

additional cash payment to the Military 

Service to fund the contract fully, plus 

applicable surcharges, when such an 

increase is known. The cash received 

from an authorized purchaser as 

prescribed in paragraph (c)(3) of this 

section, must be sufficient to fund the 

replacement cost of defense articles 

shipped from DoD stocks. 

(5) Accountability shall be in 

accordance with DoD 7290.3-M with

 : 

reimbursements from sales being 

credited to die current appropriation, 

fund, or account of the selling agency. 

Surcharges on items sold, such as 

nonrecurring cost recoupment and the 

FMS administrative charge, shall be 

accountable as FMS surcharges under 

DoD 7290.3-M. Amounts collected for 

items sold shall be credited to accounts 

specified in paragraph 10402 of DoD 

7290.3-M.' 

:

 (d) Establishment of priorities and 

allocations^) Unless otherwise 

directed by^the USD(P) in coordination 

with the ASDIT&L). sales are not 

authorized if they result in inventory 

stockage levels dropping below the 

established reorder points. Except as 

provided in Section 21(i).of the Arm3 

Export Control Act. sales are not 

authorized if they constitute a 

withdrawal of assets from U.S. stocks. 

that result in a significant adverse 

impact on the combat readiness of the 

Military Services. ..... . •_, 

(2) When procurement is required, or 

manufacture in Government-owned 

facilities is necessary, the Military 

Department concerned shall determine' 

whether a sale will be concluded. 

Unless directed by DSAA (see ', 

paragraph (d)(3) of this section, the 

Military Department concerned is. 

responsible for the establishment of . 

priorities for item procurement or 

manufacture and for. allocations and . 

delivery. In determining production 

priorities and allocations, die Military 

Departments shall consider fully all 

existing DoD requirements for U.S. and 

other foreign requirements and normally 

will schedule manufacture, allocation, 

and delivery on a first-in. first-out basis. 

In making such determinations, the 

Military Departments shall be guided by 

DoD Directive 4410.6 * and related 

assignments of force activity 

designators by the Chairman. Joint 

Chiefs of Staff. 

(3) If there are two or more competing 

foreign requirements, the Director. 

DSAA. shall determine priorities or shall 

make allocations. Such priorities or 

allocations for foreign requirements 

shall supersede determinations made by 

the Military Department under 

paragraph (d)(2) of this section. 

(e) Sales agreement. (1) The sales 

agreement with the U.S. company will 

identify the company, the items and 

quantities being sold, the estimated 

availability of the items, whether from 

DoD stocks or procurement, the 

estimated price of the items, the end 

item into which the GFE or GFM item or 

items will be incorporated for resale, 

and the identity of the purchaser. If an 

export license from Department of State 

is approved, the foreign purchaser and 

the number and date of the munitions 

export license, or State Department 

approval, are also required. 

(2) The sales agreement shall be 

approved by the appropriate Military -

Department's General Counsel, or 

designee, and shall as a minimum, 

indicate that the U.S. Government: 

(i) Retains the right to cancel in whole 

or in part or to suspend performance at 

any time under unusual or compelling 

circumstances if the national interest so •• 

requires. " M 

(ii) Provides no warranty or " 

guarantee, either expressed or implied; ' 

regarding the items being sold. . 

(iii) Shall provide best efforts to 

comply with the delivery leadtime citedM 

but will incur no liability for failure to 

meet an indicated delivery schedule. 

(iv) Shall use its best efforts to deliver 

at the estimated prices, but that the -

purchaser is obligated to reimburse the:'"; 

U.S. Government for die total cost if it is • 

greater than the estimated price. 

(3) Moreover; the sales agreement

 : 

shall state that: '•'.'"-''' 

. (i) Payment terms are cash, payable.in; 

advance, in accordance with paragraph 

(c)(2) of this section. /..'••. . 

(ii) Delivery shall be "Free.on Board 

(FOB) Point of Origin" with purchaser to 

arrange for continental U.S. (CONUS) 

transportation, except for sensitive or 

hazardous cargo that normally shall be 

shipped by way of the Defense 

Transportation Service (DTS) at rates - -

established in DoD 7290.3-M. -•

 : 

- See footnote 1 of 5 251.5(c). 

A 

• 1 See footnote l to 5 251.5(c). 

<AX 

(iii) The purchaser is responsible for 

both insurance coverage, if desired, and 

when applicable, ultimate customs 

clearance for export 

(iv) The purchaser is required to 

reimburse the U.S. Government for all 

costs incurred by the U.S. Government if 

the purchase agreement is canceled by 

the purchaser before delivery of the 

defense materiel or completion of 

defense services. 

(v) The purchaser renounces all 

claims against the U.S. Government, its 

officers, agents, and employees arising 

out of or incident to this agreement, 

whether concerning injury to or death of 

personnel, damage to or destruction of 

property, or other matters, and will 

indemnify and hold harmless the U.S. 

Government, its officers, agents, and 

employees against any such claims of 

third parties and any loss or damage to 

U.S. Government property. 

(vi) The U.S. company agrees to 

provide for protection of classified 

information and .will require the 

agreement with the foreign government 

to provide for protection of U.S. 

classified information; 

Dated: November 20.1991. 

L.M. Bynum. 

Alternate OSD Federal Register Liaison 

Officer. Department of Defense. • 

[FR Doc. 91-28238 Filed 11-22-91: 8:45 am) 

BILLING CODE M10-01-M M'S ' 

ENVIRONMENTAL PROTECTION 

AGENCY - r.-r.ih--;••.•'. 

40 CFR Parts 51,52, arid 60 

[FRL-4034-7J ; . M MM-. . 

Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans; Approval and 

Promulgation of Implementation Plans; 

Standards of Performance for New 

Stationary Sources 

AGENCY: Environmental Protection 

Agency(EPA). ... ..... . '/' ;}r 

ACTION: Reopening of public comment 

period for proposed WEPCO -

rulemaking. • .. -. 

SUMMARY: On June 14.1991 (56 FR 

27630). EPA proposed regulations 

clarifying the new source review (NSR) 

requirements of title I of the Clean Air 

Act as they pertain to electric utility 

steam generating units. The proposed 

rulemaking also clarifies the Agency'3 

policy regarding utility pollution control" 

projects and implements changes made 

by Congress in the 1990 Clean Air Act 

o& -

5

 ^ 
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Federal Register / Vol. 56. No.. 227 jf Monday, November 25, 1991 / Proposed Rules 55233 

Amendments reaaroing. clean coal 

technology and. repowering. projects. 

A congressional hearing: on the 

proposed WEPCO rulemaking; was held 

before the U.S.. House of 

Representatives^ Committee on Energy 

and Commerce. Subcommittee on 

Health and the Environment, on July 22.. 

1391. The transcript from this; hearing: 

has been, added ta the Docket (A-90-06} 

for this rulemaking. At this time, the 

EPA is reopening the comment period ta 

receive additional comments on the 

WEPCO proposal and on. the 

information contained in the transcript 

of the hearing. 

la the August 16.1991 Federal Register 

(56 FR 40843) notices extending the 

initial comment period, for this 

rulemaking, the Agency indicated that 

when the subcommittee made the 

transcript of this, hearing available. EPA 

planned to place the. transennt in the 

rulemaking docket and ta reopen the 

public comment period, to receive i 

commens art the transcript. Although the 

final transcript is not yet available: the 

Agency needs to proceed wtth the 

rulemaking in order to provide the.. 

regulated community with the guidance -:. 

it needs ta meet the requirements ai the 

CleanAirAct : 

The Agency recognizes that soma 

parties wishing ta comment an the•< ••' 

proposed rule may not have submitted 

comments during; the initial comment " 

period, choosing'instead ta wait until 

the comment pexiod was reopened. 

Consequently. EPA is reopening the 

comment period at this time to receive 

additional comments' on the proposed 

rale. The Agency has also placed a draft 

of the hearing transcript in the docket 

and will receive comments on*, the 

infornatioa contained theren. if the 

final transcript is received fmm the 

subcommittee, during die comment 

period, it will also be placed in the 

docket. 

DATES: Written comments on the 

proposed rulemaking'must be received 

by December 10,1991. 

ADDRESSES: Submit comments on the 

proposed rule (in duplicate, if possible) 

to: EPA Air Docket (LE-131). 

Environmental Protection Agency. Attn: 

Docket A-SG-06.401 M Street. SW., 

Washington. DC 2tK60. 

Docket: Supporting information used . 

in developing the proposed rule is. 

contained in Docket A-90-06. This 

Docket is. available for inspection and 

copying between &3Q a.m. and 3:30 pjn_ 

weekdays, at EPA's Air Docket (LE131), room M-1500. 401 M Street, SW, 

Washington. DC 20460. A. reasonable, fee 

may be charged for copying. 

FOR FURTHER INFORMATION CONTACT! 

Wm. Larry Elmore. Office oi Air Quality 

Planning.and Standards (MD-15). 

Research Triangle Park. North Carolina 

27711. (919) 541-5433. 

Dated: November 20.1991. 

Michael Shapiro, 

Acting Assistant AdministratoriarAir and 

Radiation. 

(FR Doc. 91-28315 Fifed 11-22-91:8:45 ami 

BILLING CODE <5<0-«0-M 

40 CFR Part 764 

[OPTS-62039A; R-IL-4004-*T 

Proposed Banon-Acrytamtde and Nmethytofacrytamtde Grouts 

AGENCY: Environmental Protection 

Agfinr.y.t,EPAL „ .. 

ACTION-. Proposed rule; extension o£ 

comment period and announcement of 

public hearing. -.-••• 

SUMMARY: Notice is hereby given that -

the period for filing public comment an . 

the proposed regulation of acrylamide 

and N-rhethylolacrylamide fNMAJ 

grouts. (56 FR 4986&..October 2.:1991), is . 

extended, and that an, informal, public. 

hearing on the proposed rule will" be 

held in Washington, DC. 

DATES: Public comments must be 

received on or before January 1&. 1992. 

Written notice of intent to participate in 

the informal hearing must, also, be 

received on or before January 16.1992. 

The exact date, time; and locatioa oi the 

informal public hearing may be obtained 

by contacting the Environmental. 

Assistance Division at. the telephone 

number listed under FOR FURTHER 

INFORMATION! CONTACT.. 

ADDRESSES: Submit nonconfidential 

written comments; in triplicate, 

identified by the docket numberOPTS62089A, by mail to: TSCA Public Docket 

Office (TS-793). Rm.. NE-G004. Office of 

Toxic Substances,. Environmental 

Protection Agency. 401 M St., SWWashington. DC 20460. See 

SUPPLEMENTARY INFORMATION for 

information on submitting comments 

containing confidential business 

information (CBI). 

FOR FURTHER INFORMATTOW CONTACT? 

David J. Kling, Acting Director. 

Environmental Assistance Division (TS799), Office of Toxic Substances. 

Environmental Protection Agerrcv. Rm. 

E-543.401 M St.. SW., Washington. DC 

20460. Telephone: (202) 554-1404. TDD: 

(202J 554-0551. .. 

SUPPLEMENTARY INFORMATION: On 

October 2.1991. EPA isaued a Notice of 

Proposed Rulemaking on acrylamide 

andN-methylolacrylamide (NMA) 

grouts (56 FR 49863). Written comments 

on the proposed rule were to be received 

on or before December 2.1991. On 

October 16.199T, Avanti International 

filed a request for an extension of the 

pubiic comment period, through. March 2. 

1992. Avanti International., the sole 

importer of acrylamide and NMA grouts. 

indicated that an extension: would be 

necessary in order for it La adequatelyanalyze: and. comment on the proposed 

rule. Mr. lames. T. Conklin Ftled a 

request for the scheduling oi an. informal 

public hearing. 

EPA hereby grants, air. extension o£ 

time for the submission, ofpobkie:.'' ' 

comments on this proposed nde. Written 

comments, must be received on. of? before 

January 16,1992. EPA-believes that as 45 -

day extension oi the pnbfic comment .•• . 

period will provide sufficient time.for all 

interested parties to submit written, 

comments oa the proposed rule.- -

The informal public hearing will be : 

held in:Wasianacm.DG.approximately 

4 to & weeks after the close ottfae public: 

comment period. This hearing-will te -• 

conducted in accordance with EPA's 

"Procedures for'Cohductirig Rulemaking 

under section; So l the Toxic Sulwtanees 

Control Act" ^4fJCFR part 750), Persons 

or organizationtdesiring- toparticjpate' 

in the informal hearing must fite a 

written request to participate-The 

written request to participate must be 

sent to the Environmental Assistance 

Division at the address listed under FOR 

FURTHER INFORMATION CONTACT, an d 

must be received on or before fanuary 

IR 1932'. The written request toparticipate must include: (1) A brief 

statement of fhe interest of the person or 

organization in the proceeding: (2)" a 

brief outline of the points to be 

addressed: {3} an estimate cif the time 

required; and (4) if the request comes 

from an organization, a nonbinding list 

of the persons to take part in the 

presentation. 

Organizations are requested to bring 

with them, to the extent possible, 

employees with individual expertise in 

and responsibility for each of the areas, 

to be addressed. Organizations which 

do not file main comments in the 

rulemaking will not be allowed to 

participate at the bearing, unless the 

Record and Hearing Clerk grants a 

waiver of this, requirement in writing. 

Reply comments on-the proposed rule 

must be received no later than 2 weeks 

after the close of all hearings*, and must 

be restricted to comments on: (If Other 

comments: (2) material in the hearing 

record: and (3) material which WHS not 

and could not reasonably have been 

available to the commenting -pasty a