Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18059

loins sliced and packaged at the facility

for importation into the United States

will be sliced and packaged only in

accordance with this section.

(vii) The operator of the slicing/

packaging facility must be current, in

accordance with the terms of the

cooperative service agreement signed

with APHIS, in paying all costs for an

APHIS representative to inspect the

establishment, including travel, salary,

subsistence, administrative overhead,

and other incidental expenses. (viii) The slicing/packaging facility

must allow the unannounced entry into

the establishment of APHIS

representatives, or other persons

authorized by the Administrator, for the

purpose of inspecting the establishment

and records of the establishment.

(ix) Workers at the slicing/packaging

facility who handle pork or pork

products in the facility must shower and

put on a full set of clean clothes, or wait

24 hours after handling pork or pork

products that are not eligible for

importation into the United States,

before handling dry-cured hams, pork

shoulders, or pork loins in the slicing/

packaging facility that are intended for

importation into the United States. (x) Pork products intended for

importation into the United States may

not be in the slicing/packaging facility

at the same time as pork products not

intended for exportation to the United

States.

(2) Slicing and packaging and

labeling procedures. (i) A full-time salaried veterinarian

employed by the national government of

the country of origin must inspect each

lot of whole dry-cured hams, pork

shoulders, and pork loins at the slicing/

packaging facility, before slicing is

begun, and must certify in English that

it is eligible for importation into the

United States in accordance with this

section; and

(ii) Either a full-time salaried

veterinarian employed by the national

government of the country of origin, or,

if the national government of the

country of origin recognizes a local

consortium as responsible for product

quality, a representative of that local

consortium, must certify in English that

he or she personally supervised the

entire process of slicing and packaging

each lot of dry-cured hams, pork

shoulders, and pork loins at the slicing/

packaging facility; that each lot of drycured hams, pork shoulders, and pork

loins was sliced and packaged in

accordance with the requirements of

this paragraph; and that the sliced and

packaged pork ham, shoulder, or loin is

the same dry-cured ham, pork shoulder,

or pork loin certified under paragraph

(p)(2)(i).

(iii) The sliced and packaged drycured pork ham, pork shoulder, or pork

loin must be labeled with the date that

processing of the meat under paragraph

(i) of this section began, and with the

date the meat was sliced and packaged.

(Approved by the Office of Management and

Budget under control number 0579–0015)

Done in Washington, DC, this 8th day of

April 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–9573 Filed 4–11–97; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 361

RIN 3064–AB95

Minority and Women Outreach

Program—Contracting; and Individuals

With Disabilities Outreach Program

AGENCY: Federal Deposit Insurance

Corporation.

ACTION: Proposed rule.

SUMMARY: The FDIC proposes for public

comment amendments to its regulations

to provide that the FDIC certify the

eligibility of businesses and law firms

for the minority and women’s

contracting program. The formal

certification procedure, similar to what

the former Resolution Trust Corporation

had in place, would replace the current

self-certification of minority and women

owned businesses and law firms. This

amendment will also establish an

outreach program for individuals with

disabilities.

DATES: Comments must be submitted on

or before June 13, 1997.

ADDRESSES: Send written comments to

Jerry L. Langley, Executive Secretary,

FDIC, 550 17th Street, NW.,

Washington, DC 20429. Comments may

be hand-delivered to Room 400, 1776 F

Street, NW., Washington, DC 20429 on

business days between 8:30 a.m. and

5:00 p.m. [FAX number: (202)898–3838;

Internet: comments@fdic.gov].

Comments will be available for

inspection and photocopying at the

FDIC’s Reading Room, room 7118, 550

17th Street, NW., Washington, DC

20429, between 9:00 a.m. and 4:30 p.m.

on business days.

FOR FURTHER INFORMATION CONTACT:

Mary A. Terrell, Associate Director,

Office of Diversity and Economic

Opportunity, (202) 416–4322; Pamela H.

Peters, Senior Attorney, Office of

Diversity and Economic Opportunity,

(202) 416–4325; or Gladys Gallagher,

Counsel, Legal Division, (202) 898–

3833.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

Consistent with this proposed rule,

the FDIC proposes to modify a

collection of information already

approved by the Office of Management

and Budget (OMB), ‘‘Forms Relating to

FDIC Outside Counsel Services

Contracting,’’ OMB Clearance No. 3064–

0122, by adding a new form, ‘‘Minority

and Women-Owned Law Firm

Certification Form’’ and a supporting

documentation requirement. This

collection of information revision has

been submitted to OMB for review and

approval pursuant to the Paperwork

Reduction Act of 1995 (PRA) (44 U.S.C.

3501 et seq.). Comments are invited on:

(a) Whether the collection of

information is necessary for the proper

performance of the FDIC’s functions,

including whether the information has

practical utility; (b) the accuracy of the

estimates of the burden of the

information collection, including the

validity of the methodology and

assumptions used; (c) ways to enhance

the quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

information collection on respondents,

including through the use of automated

collection techniques or other forms of

information technology.

Comments should be addressed to the

Office of Information and Regulatory

Affairs, OMB, Attention: Desk Officer

Alexander Hunt, New Executive Office

Building, Room 3208, Washington, DC

20503, with copies of such documents

sent to Steven F. Hanft, Assistant

Executive Secretary (Regulatory

Analysis), FDIC, Room F–400, 550 17th

Street, NW., Washington, DC 20429.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment to

the FDIC on the proposed regulation. A

copy of a draft Minority and WomenOwned Law Firm Certification Form

may be obtained, free of charge, by

contacting Mary A. Terrell, at the

address identified above.

The regulatory basis for the Minority

and Women-Owned Law Firm
18060 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

Certification Form is found in

§ 361.7(a)(2) of this proposed rule. A

law firm that desires to be designated as

a minority and/or women-owned law

firm will be required to complete the

certification and submit it to the FDIC’s

Office of Diversity and Economic

Opportunity. In addition, such a law

firm will be required to submit

documentation supporting its minority

or women-owned status. The

information collected will be used by

the FDIC as part of the certification

process for law firms wishing to

participate in the FDIC’s minority and

women-owned law firms outreach

program.

The estimated annual reporting

burden for the collection of information

requirement in this rule is summarized

as follows:

Number of Respondents: 400.

Number of Responses per

Respondent: 1.

Frequency of Response: Once every

two years.

Total Annual Responses: 200

Hours per Response: 1⁄2 hour for the

certification form and 11⁄2 hours to

obtain the supporting documents.

Total Annual Burden Hours: 400

As noted above, this PRA notice and

request for comment pertains to an

already approved collection of

information, ‘‘Forms Relating to FDIC

Outside Counsel Services Contracting’’,

OMB Clearance No. 3063–0122. On

January 10, 1997, the FDIC published a

notice and request for comment in 62

FR 1455 proposing a different change to

the same collection of information. The

earlier notice pertained to the addition

to the collection of information of a

Form 1600/05 and a Form 5200/01 in

which law firms, their employees,

agents and subcontractors who provide

services for the FDIC make

representations and certifications

regarding their integrity, fitness and

conflicts of interest required by 12 CFR

Part 366 and authorize the release of

information about themselves for

verification purposes. The

determination to be made pursuant to

the Minority and Women-Owned Law

Firm Certification Form for which the

FDIC is currently requesting comment is

unrelated to the determination to be

made pursuant to Forms 1600/05 and

5200/01 for which the earlier comment

was sought.

It is noted that in another collection

of information already approved by

OMB, ‘‘Acquisition Services

Information Requirements’’, OMB

Control No. 364–0072, the FDIC

requests information about minority and

women-owned status of businesses that

provide the FDIC services other than

legal services. No changes are being

proposed in that collection at this time.

Regulatory Flexibility Act

The Board of Directors hereby

certifies that the proposed regulation

does not 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.). This proposed regulation affects

only those business and legal

contractors who wish to provide

services to the FDIC under its minorityand women-owned businesses

contracting program.

The proposed formal certification

program will require businesses and law

firms who wish to participate in the

program to complete an application and

submit those documents and records

which they maintain during the normal

course of business. Such efforts will not

require trained personnel or special

equipment and should not have

significant economic impact on

participating businesses and law firms.

Therefore, the provisions of the Act

relating to an initial and final regulatory

analysis (5 U.S.C. 603 and 604) do not

apply here.

Background

1. Certification of Minority- and

Women-Owned Businesses and Law

Firms

Section 1216(c) of the Financial

Institutions Reform, Recovery, and

Enforcement Act of 1989 (FIRREA), Pub.

L. 101–73, 103 Stat. 183, required that

the Federal Deposit Insurance

Corporation (FDIC) and the Resolution

Trust Corporation (RTC) prescribe

regulations to establish and oversee a

minority outreach program to ensure

inclusion, to the maximum extent

possible, of minorities and women, and

entities owned by minorities and

women, including financial institutions,

investment banking firms, underwriters,

accountants, and providers of legal

services, in all contracts entered into by

the agency. According to FIRREA,

minorities are defined as Asian

American, Black American, Hispanic

American and Native American.

The FDIC’s Minority and Women

Outreach Program-Contracting policy

was published in the Federal Register at

57 FR 15004 on April 24, 1992. The

FDIC currently requires businesses and

law firms to either ‘‘self-certify’’ their

minority or women ownership status, or

submit a valid minority- and womenowned business (MWOB) certification

received from a federal agency,

designated state or authorized local

agency. Based on this ‘‘selfcertification’’ of their ownership status,

MWOBs and MWOLFs have the

opportunity to participate in the FDIC’s

minority and women contracting

program.

On October 27, 1995, pursuant to the

requirements of section 6 of the RTC

Completion Act, Pub. L. 103–204

(December 17, 1993), the FDIC/RTC

Transition Task Force (Transition Task

Force) examined and presented Best

Practices and Management Reform

Recommendations (Best Practice

Recommendations) on the operational

differences and RTC management

reforms related to minority and

women’s programs. The Transition Task

Force examined the FDIC’s and the

RTC’s certification process for MWOBs

and MWOLFs, and recommended that

the FDIC adopt a MWOB/MWOLF

certification program similar to the

RTC’s which included a detailed

document review and, when

appropriate, on-site visits to verify a

firm’s MWOB/MWOLF status.

By replacing the ‘‘self-certification’’

program with a formal program, the

FDIC is exercising its discretion and

taking the necessary action to ensure

that the minority and women

contracting program benefits those for

whom it has been designed.

The proposed amendment to the

existing regulation is broad by design

and is intended to announce that the

FDIC has adopted a formal certification

program. Detailed certification

procedures will be incorporated into an

FDIC directive that will further

delineate the functions of various

divisions and offices in the certification

process. These procedures will require

that MWOBs and MWOLFs complete

the required business or legal

registration/application package.

MWOBs and MWOLFs will also be

required to submit documentation,

including but not limited to, articles of

incorporation, bylaws, partnership and/

or joint venture agreements,

organizational charts, and lists of boards

of directors showing minority and

women ownership designations, to the

ODEO.

In lieu of the accompanying

documents, MWOBs and MWOLFs may

submit current formal certifications

from other federal agencies. However,

the FDIC shall at all times reserve the

right to request any information that is

deemed necessary to certify the status of

a firm.

Upon receipt of these documents, the

ODEO will review the documents

submitted. When appropriate, the ODEO

may conduct on-site verifications based

upon a contract award, legal

engagement, or accumulated fees of
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18061

$50,000 or greater. Finally, the

certification process and directive will

also include an appeals process for

those firms who have been denied

MWOB/MWOLF status.

All businesses that have ‘‘selfcertified’’ their MWOB status shall

submit the required certification

documents prior to responding to

Requests for Proposals or during the

contracting process. Law firms that have

previously ‘‘self-certified’’ their

MWOLF status shall submit the

required certification documents at the

time they apply for, or renew, their

FDIC Legal Services Agreement.

Certification for law firms and

businesses will remain valid for a twoyear period.

The establishment of the MWOB and

MWOLF certification program will help

foster and preserve the integrity of the

FDIC’s business and legal contracting

activities. Additionally, the formal

certification program will also serve to

discourage fraudulent representations

by businesses and law firms seeking to

provide goods or services, or enter into

contracts to provide goods or services,

including legal services, to the FDIC in

all of its capacities. The FDIC invites

comment on whether the proposed rule,

or some other alterative, would better

achieve these objectives.

2. Individuals With Disabilities

Outreach Program

Under section 303 of the Riegle

Community Development and

Regulatory Improvement Act of 1994

(RCDRIA), 12 U.S.C. 4803, each federal

banking agency is required to streamline

and modify its regulations and policies

in order to improve efficiency, reduce

unnecessary costs, remove

inconsistencies and outmoded and

duplicative requirements, and to work

jointly with other federal banking

agencies to make uniform all regulations

implementing common statutory or

supervisory policies.

In response to the RCDRIA, the FDIC

and the other federal banking agencies

are working to ensure that the

regulations mandated by FIRREA

concerning minority and women

outreach programs are uniform and

consistent. The Office of Thrift

Supervision (OTS) and the Office of the

Comptroller of the Currency (OCC) have

established outreach components to

their contracting programs that include

individuals with disabilities. The FDIC

believes that establishing an outreach

program for firms owned by individuals

with disabilities complies with

applicable law and also satisfies the

RCDRIA uniformity requirements even

though the FDIC outreach program for

firms owned by individuals with

disabilities is not identical to those

established by the OTS and OCC.

This subpart does not treat

individuals with disabilities as

minorities, since FIRREA defines

minorities as Asian American, Black

American, Hispanic American, and

Native American. However, the FDIC

has authority pursuant to Section 9

(Third) of the Federal Deposit Insurance

Act to establish an outreach program for

firms owned and controlled by

individuals with disabilities. The

outreach program for individuals with

disabilities is set forth in subpart B of

part 361.

List of Subjects in 12 CFR Part 361

Government contracts, Individuals

with disabilities, Lawyers, Legal

services, Minority businesses, Reporting

and recordkeeping requirements,

Women.

For the reasons set out in the

preamble, the Board of Directors of the

Federal Deposit Insurance Corporation

proposes to amend part 361 of chapter

III of title 12 of the Code of Federal

Regulations as follows:

PART 361—MINORITY AND WOMEN

OUTREACH PROGRAMCONTRACTING AND INDIVIDUALS

WITH DISABILITIES OUTREACH

PROGRAM

1. Part 361 is amended by revising the

part heading as set forth above.

2. The authority citation for part 361

is removed.

2a. Part 361 is amended by

designating §§ 361.1 through 361.11 as

subpart A and adding the subpart

heading to read as follows:

Subpart A—Minority and Women

Outreach Program—Contracting

3. The authority citation for subpart A

is added to read as follows:

Authority: 12 U.S.C. 1833e.

4. Section 361.7 is revised to read as

follows:

§ 361.7 Minority and women owned

business (MWOB) and minority and women

owned law firms (MWOLF) certification.

(a)(1) Each firm requesting minority

and/or women-owned business or law

firm (MWOB/MWOLF) status must

undergo a formal certification process to

be determined and conducted by the

FDIC.

(2) Each firm requesting designation

as a minority and/or women-owned

business or law firm must submit an

application and requested certification

documents, in accordance with

procedures established by the FDIC,

which demonstrates that the firm meets

the criteria established in § 361.3(a).

Upon receipt of a completed

application, the FDIC will determine the

eligibility of the firm for MWOB/

MWOLF status.

(3) In lieu of the certification

documents requested in paragraph (a)(2)

of this section, the FDIC may accept a

current federal agency’s certification of

a firm as a MWOB/MWOLF. However,

the FDIC shall at all times reserve the

right to request any information

necessary to certify the status of a firm.

(b) All matters relating to MWOB/

MWOLF status will be addressed by the

FDIC Office of Diversity and Economic

Opportunity, located at 801 17th Street,

N.W., Washington, D.C. 20434.

5. A new subpart B, consisting of

§ 361.20, is added to part 361 to read as

follows:

Subpart B—Individuals With

Disabilities Outreach Program

Sec.

361.20 Outreach program for individuals

with disabilities.

Subpart B—Individuals With

Disabilities Outreach Program

Authority: 12 U.S.C. 1819(Tenth).

§ 361.20 Outreach program for individuals

with disabilities.

(a) Purpose. This program has been

established to ensure that persons with

disabilities and firms owned by persons

with disabilities are afforded the

opportunity to participate in the FDIC’s

outreach activities. For purposes of this

subpart, ‘‘outreach’’ shall mean those

information and training activities

designed to make firms aware of the

FDIC’s contracting opportunities.

(b) Definition of individual with

disabilities. In administering this

subpart, the FDIC may, in its sole

discretion, use the definition of the term

individual with a disability as found in

the Rehabilitation Act of 1973, 29 U.S.C.

701 et seq., for outreach purposes. The

FDIC is not subject to the Rehabilitation

Act and its amendments, and merely

looks to this definition in the

Rehabilitation Act, because the

definition is commonly understood and

applied.

(c) Outreach activities. The outreach

activities that the FDIC may undertake

under this subpart include:

(1) The identification of business

entities owned by individuals with

disabilities who can provide goods and

services to the FDIC;

(2) Distribution of information

concerning third party contracting
18062 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

opportunities directly and through trade

associations representing business

entities owned by individuals with

disabilities;

(3) Participation in conventions,

seminars and professional meetings

attended predominately by individuals

with disabilities; and

(4) Conducting seminars, meetings,

workshops and other various activities

to promote the inclusion of individuals

with disabilities and the firms they own.

By Order of the Board of Directors.

Dated at Washington, D.C. this 25th day of

March, 1997.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Deputy Executive Secretary.

[FR Doc. 97–9585 Filed 4–11–97; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 92–CE–46–AD]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Aircraft Limited Jetstream Models 3101

and 3201 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

Jetstream Aircraft Limited (JAL)

Jetstream Models 3101 and 3201

airplanes that have kit JK 2496 and

modification JM 7537 installed. The

proposed action would require

installing magnetic latching relays on

the ignition system. Reports of the autoignition system becoming disabled

when switching from ground power to

the airplane’s internal power prompted

the proposed action. The actions

specified by the proposed AD are

intended to prevent loss of the

airplane’s internal power connection to

the auto-ignition system, which could

cause loss of engine power and possible

loss of the airplane.

DATES: Comments must be received on

or before June 13, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket No. 92–CE–46–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Jetstream Aircraft Limited, Prestwick

Airport, Ayrshire, KA9 2RW, Scotland;

telephone (0292) 79888; facsimile (0292)

79703. This information also may be

examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Tom Rodriguez, Program Officer,

Brussels Aircraft Certification Division,

FAA, Europe, Africa, and Middle East

Office, c/o American Embassy, B–1000

Brussels, Belgium; telephone (322)

508.2715; facsimile (322) 230.6899.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 92–CE–46–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 92–CE–46–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Events Leading to the Proposed Action

The Civil Airworthiness Authority

(CAA), which is the airworthiness

authority for the United Kingdom (UK),

recently notified the FAA that an unsafe

condition may exist on certain JAL

Jetstream Models 3101 and 3201

airplanes, serial numbers 693 through

870, that have kit JK 2496 and

modification JM 7537 installed. The

CAA reports that the auto-ignition

arming relays are disarming when the

battery master switch is moved from

ground power (GND) to off (OFF) to

internal power (INT). These conditions,

if not detected, could result in

interruption of power supply to the

auto-ignition system, disabling the restart of the engine, leading to loss of

power.

Related Service Information

JAL has issued Jetstream Service

Bulletin No. 74–JM 7693A, Original

Issue dated May 17, 1990; Revision No.

3 dated January 28, 1993, which

specifies procedures for installing

magnetic latching relays in the

airplane’s ignition system.

The CAA classified this service

bulletin as mandatory in order to ensure

the continued airworthiness of these

airplanes in the United Kingdom.

FAA’s Determination

These airplane models are

manufactured in the United Kingdom

and are type certificated for operation in

the United States under the provisions

of section 21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above.

The FAA has examined the findings

of the CAA, reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop in other JAL Jetstream Models

3101 and 3201 airplanes of the same

type design that have kit JK 2496 and

Modification JM 7537 installed,

registered in the United States, the

proposed AD would require installing

magnetically latching relays with wiring

changes. Accomplishment of the

proposed installation would be in

accordance with Jetstream Service

Bulletin No. 74–JM 7693A, Original

Issue dated May 17, 1990; Revision No.

3 dated January 28, 1993.