Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules 11141

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. EPA must select from those

alternatives the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule, unless EPA explains why

this alternative is not selected or the

selection of this alternative is

inconsistent with law.

Because this proposed rule is

expected to result in the expenditure by

state, local and tribal governments or

the private sector of less than $100

million in any one year, EPA has not

prepared a budgetary impact statement

or specifically addressed selection of the

least costly, most cost-effective or least

burdensome alternative. Because small

governments will not be significantly or

uniquely affected by this rule, EPA is

not required to develop a plan with

regard to small governments.

List of Subjects in 40 CFR Part 86

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Labeling, Motor vehicle pollution,

Reporting and recordkeeping

requirements.

Dated: March 4, 1997.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble, part 86 of chapter I, title 40

of the Code of Federal Regulations is

proposed to be amended as follows:

PART 86—CONTROL OF AIR

POLLUTION FROM NEW AND IN-USE

MOTOR VEHICLES AND NEW AND INUSE MOTOR VEHICLE ENGINES:

CERTIFICATION AND TEST

PROCEDURES

1. The authority citation for part 86

continues to read as follows:

Authority: Secs. 202, 203, 205, 206, 207,

208, 215, 216, 217, and 301(a), of the Clean

Air Act, as amended (42 U.S.C. 7521, 7522,

7524, 7525, 7541, 7542, 7549, 7550, 7552,

and 7601(a)).

§ 86.094–13 [Amended]

2. In § 86.094–13, paragraphs (a)(1),

(c)(1), (d)(1), (e)(1), and (f)(1) are

amended by revising the words ‘‘1994

through 1998’’ to read ‘‘1994 and

beyond’’.

§ 86.094–26 [Amended]

3. In § 86.094–26, paragraphs (a)(2),

(b)(2)(i), and (b)(2)(ii) are amended by

revising the words ‘‘1994 through 1998’’

to read ‘‘1994 and beyond’’.

[FR Doc. 97–5877 Filed 3–10–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 92

[FRL–5701–3]

Emission Standards for Locomotives

and Locomotive Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Public Hearing and

Additional Information.

SUMMARY: EPA is changing the date on

which it will hold the public hearing for

the Notice of Proposed Rulemaking

(NPRM) that proposed emission

standards for locomotives and

locomotive engines (published February

11, 1997, 62 FR 6365). EPA is also

providing public notice today of the

availability of additional information

regarding test procedures for

locomotives and locomotive engines.

DATES: A public hearing will be held on

April 18, 1997, starting at 10:00 a.m.

Persons wishing to present oral

testimony are requested to notify EPA

on or before April 11, 1997 to allow for

an orderly scheduling of oral testimony.

Written comments must be received on

or before May 19, 1997.

ADDRESSES: Written comments are to be

addressed to: EPA Air and Radiation

Docket, Attention: Docket No. A–94–31,

Room M–1500, Mail Code 6102, U.S.

EPA, 401 M Street, SW., Washington DC

20460.

A public hearing for the NPRM will

be held at the Clarion Hotel (313–665–

4444), which is located at 2900 Jackson

Road, Ann Arbor, Michigan.

FOR FURTHER INFORMATION CONTACT: For

information on this rulemaking contact:

Charles Moulis, U.S. EPA, Engine

Programs and Compliance Division,

2565 Plymouth Road, Ann Arbor, MI

48105; Telephone: (313) 741–7826, Fax:

(313) 741–7816. Requests for hard

copies of the rulemaking documents

should be directed to Carol Connell at

(313) 668–4349.

SUPPLEMENTARY INFORMATION:

Test Procedures

EPA proposed emissions standards

and test procedures for new locomotives

and new engines used in locomotives on

February 11, 1997 62 FR 6365. Today,

EPA is announcing the release of

additional test procedure information.

The Agency has determined that it

would be beneficial for the public to

made aware of this information, and

thus has placed copies of this

information in the public docket for this

rulemaking. Included in this

information is an EPA staff-level

document detailing a variation of the

proposed set of test procedures. This

variation is being considered by EPA

staff for incorporation in the final rule

for the control of emissions from new

locomotives and new engines used in

locomotives. It should be noted that the

information being made available today

is not expected to significantly affect

EPA’s assessment of the environmental

benefits or the cost of compliance.

Request for Comments

Interested parties may submit written

comments (in triplicate if possible) for

EPA consideration. The comments are

to be addressed to: EPA Air and

Radiation Docket, Attention: Docket No.

A–94–31, Room M–1500, Mail Code

6102, U.S. EPA, 401 M Street, SW.,

Washington DC 20460. Should a

commenter wish to provide confidential

business information (CBI) to EPA, such

CBI should NOT be included with the

information sent to the docket. Materials

sent to the docket should, however,

indicate that CBI was provided to EPA.

One copy of CBI, along with the

remainder of the written comments,

should be sent to Charles Moulis at the

address provided in FOR FURTHER

INFORMATION CONTACT.

EPA will also accept oral comments at

the hearing for the previously published

NPRM. Any person desiring to present

testimony regarding this proposal at the

public hearing (see DATES) should, if

possible, notify the contact person listed

above of such intent at least seven days

prior to the day of the hearing to allow

for orderly scheduling of the testimony.

The contact person should also be

provided an estimate of the time

required for the presentation of the

testimony and notification of any need

for audio/visual equipment. It is

suggested that sufficient copies of the

statement or material to be presented be

brought to the hearing for distribution to

the audience. In addition, it will be

helpful for EPA to receive an advance

copy of any statement or material to be

presented at the hearing prior to the

scheduled hearing date, in order for

EPA staff to give such material full

consideration. Such advance copies

should be submitted to the contact

person listed above. The official record

of the hearing will be kept open for 30

days following the hearing to allow

submission of rebuttal and

supplementary testimony. All such

submittals should be directed to the

EPA Air Docket Section, Docket No. A–

94–31 (see ADDRESSES).

Availability of Documents

The additional test procedure

information, as well as the previously

published NPRM (and related

documents), are available in the public
11142 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules

docket as described under ADDRESSES

above and are also available

electronically via the internet and on

the Technology Transfer Network

(TTN), which is an electronic bulletin

board system (BBS) operated by EPA’s

Office of Air Quality Planning and

Standards. The docket is open for public

inspection from 8:00 a.m. until 5:30

p.m. Monday through Friday, except on

government holidays. As provided in 40

CFR Part 2, a reasonable fee may be

charged for copying docket materials.

The TTN service is free of charge,

except for the cost of the phone call.

Users are able to access and download

TTN files on their first call using a

personal computer and modem per the

following information:

TTN BBS: 919–541–5742 (1200–14400

bps, no parity, 8 data bits, 1 stop bit)

Voice Helpline: 919–541–5384

TELNET ttnbbs.rtpnc.epa.gov

Off-line: Mondays from 8:00 AM to

12:00 Noon ET

A user who has not called TTN

previously will first be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

menu choices from the Top Menu to

access information on this rulemaking.

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS—Mobile Sources Information

<K> Rulemaking & Reporting

<6> Non-Road

<3> File area #3...Locomotive Emission

Standards

At this point, the system will list all

available files in the chosen category in

reverse chronological order with brief

descriptions. To download a file, select

a transfer protocol that is supported by

the terminal software on your own

computer, then set your own software to

receive the file using that same protocol.

If unfamiliar with handling compressed

(i.e. ZIP’ed) files, go to the TTN top

menu, System Utilities (Command: 1)

for information and the necessary

program to download in order to unZIP

the files of interest after downloading to

your computer. After getting the files

you want onto your computer, you can

quit the TTN BBS with the <G>oodbye

command. Please note that due to

differences between the software used to

develop the document and the software

into which the document may be

downloaded, changes in format, page

length, etc. may occur.

Rulemaking documents may be found

on the internet as follows:

World Wide Web

http://www.epa.gov/omswww

FTP

ftp://ftp.epa.gov Then CD to the /pub/

gopher/OMS/ directory

Gopher

gopher://gopher.epa.gov:70/11/Offices/

Air/OMS

Alternatively, go to the main EPA

gopher, and follow the menus:

gopher.epa.gov

EPA Offices and Regions

Office of Air and Radiation

Office of Mobile Sources

List of Subjects in 40 CFR Part 92

Environmental protection, Air

pollution control, Railroads, Reporting

and recordkeeping requirements.

Dated: March 3, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–6210 Filed 3–10–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 225, 242, and 252

[DFARS Case 96–D020]

Defense Federal Acquisition

Regulation Supplement; Duty-Free

Entry

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comment.

SUMMARY: The Director of Defense

Procurement is proposing to amend the

Defense Federal Acquisition Regulation

Supplement (DFARS) to clarify

guidance regarding duty-free entry of

supplies and implementation of the

North American Free Trade Agreement

(NAFTA).

DATES: Comment date: Comments on the

proposed rule should be submitted in

writing to the address shown below on

or before May 12, 1997, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams, PDUSD

(A&T)DP(DAR), IMD 3D139, 3062

Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 96–D020

in all correspondence related to this

issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule does not

constitute a change in policy. It is

intended to clarify and consistently

apply the existing policy regarding

duty-free entry of supplies under DoD

contracts. DoD generally waives duty on

defense supplies (end products or

components) from qualifying countries;

on eligible products subject to the Trade

Agreements Act or the North American

Free Trade Agreement; and on other

foreign supplies if the cost of processing

the duty-free entry certificates will not

exceed the amount of duty that would

be paid. This proposed rule more

accurately focuses the prescriptions for

use of duty-free entry clauses; limits the

required listing of supplies under the

clause at 252.225–7008, Supplies to be

Accorded Duty-Free Entry, to foreign

end products that are neither qualifying

country supplies nor eligible end

products; adds an Alternate I to the

clause at 252.225–7035, Buy American

Act-North American Free Trade

Agreement Implementation Act-Balance

of Payments Program Certificate, for

contracts under $50,000, and expands

Alternate I of the clause at 252.225–

7036, North American Free Trade

Agreement Implementation Act, to

clarify that, when under $50,000, the

offered price of Mexican end products

must include any applicable duty;

expands the clause at 252.225–7037,

Duty-Free Entry-Eligible End Products,

to cover all eligible end products, not

only NAFTA country supplies; and

clarifies that notification to the

Commander, Defense Contract

Management Command, is not required

in those instances where shipments are

consigned to a contractor’s plant and no

duty-free entry certificate is required.

B. Regulatory Flexibility Act

This proposed rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

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

because it does not constitute a change

in policy but is a clarification of

implementing procedures pertaining to

duty-free entry of supplies and the

North American Free Trade Agreement.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected DFARS subparts

also will be considered in accordance

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

should be submitted separately and

should cite DFARS Case 96–D020 in

correspondence.