Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33585

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low–Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

Since this extension of existing time–

limited tolerances does not require the

issuance of a proposed rule, the

requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

actions published on May 4, 1981 (46

FR 24950), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration.

IV. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: June 4, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180–[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

§ 180.511 [Amended]

2. In § 180.511, by amending the table

in paragraph (b) for all of the

commodities by changing the expiration

dates ‘‘7/31/98’’ to read ‘‘7/31/ 99.’’

[FR Doc. 98–16409 Filed 6–18–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket Nos. 96–45, 96–262, 94–1, 91–

213, and 95–72; FCC 97–420]

Universal Service; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of January 13, 1998, a

document making certain changes, on

reconsideration, to the Commission’s

universal service rules. This document

corrects those rules.

DATES: Effective on June 19, 1998.

FOR FURTHER INFORMATION CONTACT:

Sheryl Todd, Common Carrier Bureau,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: The

Federal Communications Commission

published in FR Doc. 98–541, published

in the Federal Register of January 13,

1998 (63 FR 2094) a summary of the

Commission’s Fourth Order on

Reconsideration in CC Docket No. 96–45

and Report and Order in CC Docket Nos.

96–45, 96–262, 94–1, 91–213, 95–72,

FCC 97–420 (Fourth Order on

Reconsideration). On January 29, 1998,

the Commission released errata to the

Fourth Order on Reconsideration. This

correction reflects the changes included

in that errata. The full text of the errata

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M St., NW, Washington, DC.

In rule FR Doc. 98–541, published on

January 13, 1998 (63 FR 2094) make the

following corrections.

1. On page 2125, in the third column,

in § 54.101, paragraph (a)(1), line 3,

remove the period and add, in its place,

a semi-colon.

2. On page 2127, in the second

column, in § 54.301, revise paragraph

(c)(5) to read as follows:

(c) * * *

(5) Corporate Operations Expenses

(Accounts 6710, 6720) shall be allocated

according to the following factor:

{[Account 2210 Category 3 ÷ (Account

2210 + Account 2220 + Account

2230)}] × (Account 6210 + Account

6220 + Account 6230)} + [(Account

6530 + Account 6610 + Account 6620)

× (Account 2210 Category 3 ÷ Account

2001)] ÷ (Account 6210 + Account

6220 + Account 6230 + Account 6310

+ Account 6410 + Account 6530 +

Account 6610 + Account 6620).

3. On page 2127, in the second

column, in § 54.301, in paragraph (c)(6),

lines 6 and 7, add the word ‘‘Account’’

in the parentheses before ‘‘2210’’,

‘‘2220’’, and ‘‘2230.’’

4. On page 2127, in the second

column, in § 54.301, in paragraph (d) in

the heading and in the introductory text,

line 2, add the phrase ‘‘projected annual

unseparated’’ before ‘‘local switching

revenue requirement’’; in line 3 of the

introductory text add the word ‘‘by’’

before ‘‘summing.’’

5. On page 2127, in the second

column, in § 54.301, in the first sentence

of paragraph (d)(1) revise to read as

follows:

(d) * * *

(1) Return on Investment attributable

to COE Category 3 shall be obtained by

multiplying the average projected

unseparated local switching net

investment by the authorized interstate

rate of return. Projected unseparated

local switching net investment shall be

calculated as of each December 31 by

deducting the accumulated reserves,

deferrals and customer deposits

attributable to the COE Category 3

investment from the gross investment

attributable to COE Category 3. The

average projected unseparated local

switching net investment shall be

calculated by summing the projected

unseparated local switching net

investment as of December 31 of the

calendar year following the filing year

and such investment as of December 31

of the filing year and dividing by 2.

6. On page 2127, in the second

column, in § 54.301, in the second

sentence of paragraph (d)(1) remove the

word ‘‘Unseparated’’ and add, in its

place, ‘‘Projected unseparated’’.

7. On page 2127, in the second

column, in § 54.301, in the third

sentence of paragraph (d)(1) remove the

phrase ‘‘projected unseparated local

switching average’’ and add, in its place,

‘‘average projected unseparated local

switching’’ and remove ‘‘and the

projected unseparated local switching

net’’ and add, in its place, ‘‘year and

such’’.

8. On page 2127, in the second

column, in § 54.301, in paragraph (d)(3)

add the phrase ‘‘,excluding depreciation

expense,’’ after the word ‘‘expenses’’.

9. On page 2127, in the second

column, in § 54.301 revise paragraph

(d)(4) to read as follows:

(d) * * *

(4) Federal income tax attributable to

COE Category 3 shall be calculated
33586 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

using the following formula; the

accounts listed shall be allocated

pursuant to paragraph (c) of this section:

[Return on Investment attributable to

COE Category 3 ¥ Account 7340 ¥

Account 7500 ¥ Account 7210)] ×

[Federal Income Tax Rate ÷ (1 ¥

Federal Income Tax Rate)].

10. On page 2128, in the first column,

in § 54.303, in paragraph (b)(1) revise to

read as follows:

(b) * * *

(1) To calculate the unadjusted baselevel of Long Term Support for 1998,

the Administrator shall calculate the

difference between the projected

Common Line revenue requirement of

association Common Line tariff

participants projected to be recovered in

1997 and the sum of end user common

line charges and the 1997 projected

revenue recovered by the association

Carrier Common Line charge as

calculated pursuant to § 69.105(b)(2) of

this chapter.

11. On page 2130, in the third

column, in § 54.511, in paragraph (c)(1),

in lines 7 and 8, remove the phrase

‘‘competitive bid’’ and change the

reference from ‘‘§ 54.504(a)’’ to

‘‘§ 54.504(a), (b)(3), and (b)(4)’’; in

paragraph (c)(1)(i), in line 3, add the

word ‘‘of’’ between ‘‘life’’ and ‘‘the

contract’’; and in paragraph (c)(1)(ii), in

line 7, remove the phrase ‘‘that were

provided’’ and add, in its place, ‘‘that

are provided’’.

12. On page 2131, in the first column,

in § 54.518, in the section heading

remove the word ‘‘Wide’’ and add, in its

place ‘‘Support for wide’’.

13. On page 2131, in the first column,

in § 54.519, in paragraph (a)(3), remove

the phrase ‘‘Make a good faith effort’’

and add, in its place, ‘‘Take reasonable

steps’’.

14. On page 2131, in the second

column, in § 54.604, in paragraph (a), in

line 5, remove the phrase ‘‘service

provider’’ and add, in its place,

‘‘telecommunications carrier’’.

15. On page 2131, in the third

column, in § 54.604, in paragraph (c), in

the last line, remove the phrase ‘‘service

providers’’ and add, in its place,

‘‘telecommunications carriers’’.

16. On page 2132, in the second

column, in § 54.703, in the first sentence

of paragraphs (b) and (c) remove the

phrase ‘‘The following entities will not

be required to contribute on the basis of

revenues derived from the provision of

interstate telecommunications’’ and

add, in its place, ‘‘The following entities

will not be required to contribute to

universal service’’ and in line 9 of

paragraphs (b) and (c) remove the

phrase ‘‘of video programming’’ after the

word ‘‘broadcasters’’.

17. On page 2132, in the second

column, in § 54.703, in paragraph (c), in

line 9, remove the comma before

‘‘systems integrators’’ and add in its

place, a semi-colon.

Federal Communications Commission.

Lisa Gelb,

Chief, Accounting Policy Division.

[FR Doc. 98–13239 Filed 6–18–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 213, 219, 252, and 253

[DFARS Case 90–D011]

Defense Federal Acquisition

Regulation Supplement; Direct Award

of 8(a) Contracts

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to implement a Memorandum

of Understanding (MOU) dated May 6,

1998, between the Small Business

Administration (SBA) and DoD. The

MOU streamlines the processing

procedures for contract awards under

the SBA’s 8(a) Program.

DATES: Effective date: June 19, 1998.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before August 18, 1998, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Sandra G. Haberlin, PDUSD

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

Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350.

E-mail comments submitted over the

Internet should be addressed to:

dfars@acq.osd.mil

Please cite DFARS Case 98–D011 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 98–D011 in the subject line.

FOR FURTHER INFORMATION CONTACT:

Ms. Sandra G. Haberlin, (703) 601–0131.

SUPPLEMENTARY INFORMATION:

A. Background

The SBA’s 8(a) Program, named for

the section of the Small Business Act

(Pub. L. 85–536, as amended) which it

implements, helps small disadvantaged

businesses compete for Federal

contracts. The program authorizes the

SBA to enter into all types of contracts

with other agencies and award

subcontracts for performing these

contracts to firms eligible for program

participation. The SBA’s subcontractors

are referred to as ‘‘8(a) contractors.’’

Section 8(a) requires the SBA to

function as an intermediary for 8(a)

contracts, but permits the SBA to

delegate its authority through special

agreements. One such agreement is the

Memorandum of Understanding dated

May 6, 1998, between SBA and DoD.

The MOU streamlines the processing

procedures for contract awards under

the SBA’s 8(a) Program by authorizing

DoD to award contracts directly to 8(a)

contractors; by reducing SBA’s response

time to a DoD offering and for making

an eligibility determination; and by

providing a number of other changes to

procurement procedures under the 8(a)

Program. This interim rule amends Parts

213, 219, 252, and 253 of the DFARS to

implement the MOU.

B. Regulatory Flexibility Act

The interim 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 the rule only affects the

administrative process established for

award of 8(a) contracts. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

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 5 U.S.C. 601, et seq. (DFARS

Case 98–D011), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose any information collection

requirements that require Office of

Management and Budget approval

under 44 U.S.C. 3501, et seq.

D. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish this interim rule prior to

affording the public an opportunity to

comment. This action is necessary to

implement a MOU dated May 6, 1998,

between the SBA and DoD. The MOU

streamlines the processing procedures

for contract awards under the SBA’s 8(a)