Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Proposed Rules 20139

PART 50—DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

1. The authority citation for Part 50

continues to read as follows:

Authority: Secs. 102, 103, 104, 105, 161,

182, 183, 186, 189, 68 Stat. 936, 937, 938,

948, 953, 954, 955, 956, as amended, sec.

234, 83 Stat. 1244, as amended (42 U.S.C.

2132, 2133, 2134, 2135, 2201, 2232, 2233,

2236, 2239, 2282); secs. 201, as amended,

202, 206, 88 Stat. 1242, as amended, 1244,

1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95–

601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued under secs. 101,

185, 68 Stat. 955 as amended (42 U.S.C. 2131,

2235), sec. 102, Pub. L. 91–190, 83 Stat. 853

(42 U.S.C. 4332). Sections 50.13, and 50.54

(dd), and 50.103 also issued under sec. 108,

68 Stat. 939, as amended (42 U.S.C. 2138),

Sections 50.23, 50.35, 50.55, and 50.56 also

issued under sec. 185, 68 Stat. 955 (42 U.S.C.

2235), Sections 50.33a, 50.55a and Appendix

Q also issued under sec. 102, Pub. L. 91–190,

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34

and 50.54 also issued under sec. 204, 88 Stat.

1245 (42 U.S.C. 5844). Sections 50.58, 50.91,

and 50.92 also issued under Pub. L. 97–415,

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78

also issued under sec. 122, 68 Stat. 939 (42

U.S.C. 2152). Sections 50.80–50.81 also

issued under sec. 184, 68 Stat. 954, as

amended (42 U.S.C. 2234). Appendix F also

issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237).

2. In § 50.55a, paragraph (h) is revised

to read as follows:

§ 50.55a Codes and standards.

* * * * *

(h) Protection and safety systems. (1)

IEEE Std. 603–1991, including the

correction sheet dated January 30, 1995,

which are referenced in paragraphs

(h)(2) and (h)(3) of this section, is

approved for incorporation by reference

by the Director of the Office of the

Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR Part 51. A

notice of any changes made to the

material incorporated by reference will

be published in the Federal Register.

Copies of IEEE Std. 603–1991 may be

purchased from the Institute of

Electrical and Electronics Engineers

Service Center, 445 Hoes Lane,

Piscataway, NJ 08855. The standard is

also available for inspection at the NRC

Library, 11545 Rockville Pike,

Rockville, MD; and at the Office of the

Federal Register, 800 North Capitol

Street, NW., Suite 700, Washington,

D.C. IEEE Std. 279, which is referenced

in paragraph (h)(2) of this section, was

approved for incorporation by reference

by the Director of the Office of the

Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR Part 51. Copies

of this standard are also available as

indicated for IEEE Std. 603–1991.

(2) Protection systems. For nuclear

power plants with construction permits

issued after January 1, 1971, but before

January 1, 1999, protection systems

must meet the requirements stated in

either IEEE Std. 279, ‘‘Criteria for

Protection Systems for Nuclear Power

Generating Stations,’’ or in IEEE Std.

603–1991, ‘‘Criteria for Safety Systems

for Nuclear Power Generating Stations,’’

and the correction sheet dated January

30, 1995. For nuclear power plants with

construction permits issued before

January 1, 1971, protection systems

must meet the requirements stated in

IEEE Std. 603–1991 or be consistent

with their licensing basis. System-level

replacement of protection systems and

addition of new safety systems in

existing operating nuclear power plants

initiated on or after January 1, 1999,

must meet the requirements stated in

IEEE Std. 603–1991 and the correction

sheet dated January 30, 1995.

(3) Safety systems. For construction

permits, operating licenses, final design

approvals, design certifications, and

combined licenses issued on or after

January 1, 1999, safety systems must

meet the requirements stated in IEEE

Std. 603–1991 and the correction sheet

dated January 30, 1995.

Dated at Rockville, Maryland, this 17th day

of April, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–10842 Filed 4–22–98; 8:45 am]

BILLING CODE 7590–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the

Nonmanufacturer Rule for towers,

telephone and telegraph apparatus,

electrical measuring and integrating

instruments, engines and turbines,

storage batteries, cellular handsets and

telephones, automobile motor vehicles,

motor trucks (except off-highway), fuel,

radiotelephones, and fiber optic cable.

SUMMARY: The Small Business

Administration (SBA) is considering

granting a waiver of the

Nonmanufacturer Rule for towers,

telephone and telegraph apparatus,

electrical measuring and integrating

instruments, engines and turbines,

storage batteries, cellular handsets and

telephones, automobile motor vehicles,

motor trucks (except off-highway), fuel,

radiotelephones, and fiber optic cable.

The basis for a waiver of the

Nonmanufacturer Rule for these

products is that there are no small

business manufacturers or processors

available to supply these products to the

Federal Government. The effect of a

waiver would be to allow an otherwise

qualified Nonmanufacturer to supply

other than the product of a domestic

small business manufacturer or

processor on a Federal contract set aside

for small businesses or awarded through

the SBA 8(a) Program. The purpose of

this notice is to solicit comments and

potential source information from

interested parties.

DATES: Comments and sources must be

submitted on or before May 14, 1998.

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

S.W., Washington, DC 20416, Tel: (202)

205–6475.

SUPPLEMENTARY INFORMATION: Public law

100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor, if

the recipient is other than the actual

manufacturer or processor. This

requirement is commonly referred to as

the Nonmanufacturer Rule. The SBA

regulations imposing this requirement

are found at 13 CFR 121.406(b). Section

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes of

products, a small business manufacturer

must have submitted a proposal for a

contract solicitation or received a

contract from the Federal Government

within the last 24 months. The SBA

defines ‘‘class of products’’ based on

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual (SIC). The second is the Product

and Service Code (PSC) established by

the Federal Procurement Data System.

The Small Business Administration is

currently processing a request for a

waiver of the Nonmanufacturer Rule for

Electrical Measuring and Integrating

Instruments (SIC 3825 PSC 5805),

Storage Batteries (SIC 3691), Fiber Optic

Cable (SIC 3357 PSC 6015), Engines and

Turbines (SIC 3511,3519 PSC 2835),

Automobile Motor Vehicles and Motor

Trucks (SIC 3711 PSC 2310 2320), Fuel
20140 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Proposed Rules

(SIC 2911), Towers, Telephone and

Telegraph Apparatus (3661 PSC 5805),

Cellular Handsets and Telephones (SIC

3663 PSC 5805). and invites the public

to comment or provide information on

potential small business manufacturers

for this product.

In an effort to identify potential small

business manufacturers, the SBA has

searched the Procurement Marketing

and Access Network (PRO-net) and

Thomas Register, and the SBA will

publish a notice in the Commerce

Business Daily. The public is invited to

comment or provide source information

to SBA on the proposed waiver of the

Nonmanufacturer Rule for this class of

products.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 98–10762 Filed 4–22–98; 8:45 am]

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 123

Disaster Loan Program

AGENCY: Small Business Administration

(SBA).

ACTION: Proposed rule.

SUMMARY: SBA is proposing to amend its

regulations to conform the eligibility

criteria for disaster loans to those

applicable in SBA’s business loan

program. Thus, under the proposed rule,

a business could not obtain a physical

disaster loan if it is engaged in any

illegal activity; if it is a government

owned entity (other than one owned or

controlled by a Native American tribe);

or if it engages in products or services

of a prurient sexual nature. Under the

proposed rule, a business would not be

eligible for an economic injury disaster

loan if more than one-third of its

revenues are from legal gambling

operations or from packaging SBA

loans; if it is principally engaged in

teaching or indoctrinating religion; or is

primarily engaged in political or

lobbying activities.

DATES: Comments must be submitted on

or before May 26, 1998.

ADDRESSES: Comments may be mailed to

Bernard Kulik, Associate Administrator

for Disaster Assistance, Small Business

Administration, 409 Third Street, SW.,

Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Bernard Kulik, 202–205–6734.

SUPPLEMENTARY INFORMATION: Under the

proposed rule, SBA would amend

§ 123.201 of its regulations so that an

applicant would not be eligible for a

physical disaster business loan if it is

engaged in any illegal activity; if it is a

government owned entity (other than a

business owned or controlled by a

Native American tribe); or if the

business (1) presents live performances

of a prurient sexual nature or (2) derives

directly or indirectly more than de

minimis gross revenue from activities of

a prurient sexual nature. This proposed

rule would codify SBA’s existing policy

of using the same ineligibility criteria

for SBA’s disaster and business loan

programs. Thus, a business that would

not be eligible to receive an SBA

guaranteed business loan because it met

these criteria, would also not be eligible

to obtain a physical disaster loan.

Under this proposed rule amending

§ 123.301 of SBA’s regulations, a

business would not be eligible for an

economic injury disaster loan if it (1)

derived more than one-third of its gross

annual revenue from legal gambling

activities; (2) earned more than onethird of its gross annual revenue from

packaging SBA loans; (3) was

principally engaged in teaching,

instructing, counselling or

indoctrinating religion or religious

beliefs, whether in a religious or secular

setting; or (4) primarily engaged in

political or lobbying activities. These

proposed changes would codify SBA’s

existing policy of using the same

ineligibility criteria for its economic

injury disaster and business loan

program. Thus, if a business is not

eligible, because of these criteria, for an

SBA guaranteed loan under the business

loan program, it would not be eligible

for an economic injury disaster loan.

SBA is proposing to correct a

typographical error in § 123.202(a) by

substituting ‘‘lesser’’ for ‘‘greater’’ in the

first sentence which would then read:

‘‘Disaster business loans, including both

physical disaster and economic injury

loans to the same borrower, together

with its affiliates, cannot exceed the

lesser of the uncompensated physical

loss and economic injury or $1.5

million.’’ This would ensure that an

applicant receives disaster assistance for

an uncompensated loss or injury

without obtaining excessive SBA

assistance at lower than market rates.

Compliance With Executive Orders

12612, 12778, and 12866, the

Regulatory Flexibility Act (5 U.S.C. 601,

et seq.), and the Paperwork Reduction

Act (44 U.S.C. Ch 35)

SBA certifies that this proposed rule

does not constitute a significant rule

within the meaning of Executive Order

12866 and does not have significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. et seq. It is not likely to

have an annual economic effect of $100

million or more, result in a major

increase in costs or prices, or have a

significant adverse effect on competition

or the United States economy. This

proposed rule codifies current SBA

practices and will not affect additional

businesses or impose any costs

For purposes of the Paperwork

Reduction Act, 44 U.S.C. Ch 35, SBA

certifies that this proposed rule contains

no new reporting or record keeping

requirements.

For purposes of Executive Order

12612, SBA certifies that this proposed

rule has no federalism implications

warranting the preparation of a

Federalism Assessment.

For purposes of Executive Order

12778, SBA certifies that this rule is

drafted, to the extent practicable, in

accordance with the standards set forth

in section 2 of that Order.

(Catalog of Federal Domestic Assistance

Programs, No. 59.012 and 59.008)

List of Subjects in 13 CFR Part 123

Disaster assistance, Loan programsbusiness, Small businesses.

Accordingly, pursuant to the

authority contained in section 5(b)(6) of

the Small Business Act (15 U.S.C.

634(b)(6)), SBA proposes to amend part

123, chapter I, title 13, Code of Federal

Regulations, as follows:

PART 123—DISASTER LOAN

ASSISTANCE

1. The authority citation for part 123

would continue to read as follows:

Authority: 15 U.S.C. 634(b)(6), 636(b),

636(c) and 636(f); Pub. L. 102–395, 106 Stat.

1828, 1864; and Pub. L. 103–75, 107 Stat.

739.

2. Section 123.201 would be amended

by adding paragraphs (d), (e), and (f) to

read as follows:

§ 123.201 When am I not eligible to apply

for a physical disaster business loan?

* * * * *

(d) You are not eligible if your

business is engaged in any illegal

activity.

(e) You are not eligible if you are a

government owned entity (except for a

business owned or controlled by a

Native American tribe).

(f) You are not eligible if your

business:

(1) Presents live performances of a

prurient sexual nature or

(2) Derives directly or indirectly more

than de minimis gross revenue through

the sale of products or services, or the