27934 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Notices

beginning of the meeting. The Task

Force will make every effort to hear the

views of all interested parties. Written

comments may be submitted to Skila

Harris, Executive Director, Secretary of

Energy Advisory Board, AB–1, U.S.

Department of Energy, 1000

Independence Avenue, SW,

Washington, D.C. 20585.

Minutes: Minutes and a transcript of

the meeting will be available for public

review and copying approximately 30

days following the meeting at the

Freedom of Information Public Reading

Room, 1E–190 Forrestal Building, 1000

Independence Avenue, SW,

Washington, D.C., between 9:00 AM and

4:00 PM, Monday through Friday except

Federal holidays. Information on the

Task Force on Education and future

reports may be found at the Secretary of

Energy Advisory Board’s web site,

located at http://www.hr.doe.gov/seab.

Issued at Washington, D.C., on May 15,

1998.

Rachel M. Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 98–13588 Filed 5–20–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Small Entity Compliance Guidance and

Civil Penalty Reduction and Waiver

Pursuant to the Small Business

Regulatory Enforcement Fairness Act

of 1996; Statement of Policy

AGENCY: Department of Energy.

ACTION: Notice.

SUMMARY: The Department of Energy

today publishes a statement of policy

regarding guidance to small entities

concerning compliance with statutory

and regulatory requirements and the

waiver or reduction of civil penalties for

small entities that violate statutory and

regulatory requirements. This policy

statement is published to comply with

sections 213 and section 223 of the

Small Business Regulatory Enforcement

Fairness Act of 1996.

DATES: This policy takes effect on June

22, 1998.

ADDRESSES: Interested persons may

submit any comments or suggestions

with respect to this policy statement to

Michael W. Bowers, U.S. Department of

Energy, Office of General Counsel, GC–

74, 1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–9507.

FOR FURTHER INFORMATION CONTACT:

Michael W. Bowers, U.S. Department of

Energy, Office of General Counsel, GC–

74, 1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–9507.

SUPPLEMENTARY INFORMATION:

I. Background

The Small Business Regulatory

Enforcement Fairness Act (SBREFA),

which was enacted as title II of Pub. L.

104–121, was signed into law on March

29, 1996. The primary goals of SBREFA

as stated in the Act are to implement

recommendations of the 1995 White

House Conference on Small Business;

provide small entities enhanced

opportunities for judicial review of final

agency action; encourage small business

participation in the regulatory process;

develop more accessible sources of

information on regulatory and reporting

requirements for small entities; create a

more cooperative regulatory

environment for small businesses; and

make federal regulators more

accountable for ‘‘excessive’’

enforcement actions.

Section 221 of SBREFA, 5 U.S.C. 601

note, defines the term ‘‘small entity’’ as

having the same meaning as in section

601 of the Regulatory Flexibility Act

(RFA). The RFA defines ‘‘small entity’’

as any ‘‘small business,’’ ‘‘small

organization,’’ or ‘‘small governmental

jurisdiction.’’ 5 U.S.C. 601(6). Under the

RFA, a ‘‘small business’’ has the same

meaning as ‘‘small business concern’’

under section 3 of the Small Business

Act, unless an agency, after consultation

with the Office of Advocacy of the

Small Business Administration (SBA)

and after an opportunity for public

comment, establishes other appropriate

definitions. 5 U.S.C. 601(3). Under the

Small Business Act, a ‘‘small business

concern’’ is one that is independently

owned and operated and not dominant

in its field of operation (15 U.S.C.

632(a)(1)). SBA regulations further

define ‘‘small business concern’’ using

number of employees or annual income

by industry category. 13 CFR part 121.

SBA’s regulations also provide that the

affiliates of an enterprise are included in

determining its size. 13 CFR 121.103.

The RFA defines ‘‘small organization’’

as a not-for-profit enterprise which is

independently owned and operated and

not dominant in its field, unless an

agency, after opportunity for public

comment, establishes other definitions

of the term appropriate to its activities

and publishes such definitions in the

Federal Register. 5 U.S.C. 601(4). The

RFA defines a ‘‘small governmental

jurisdiction’’ as governments of cities,

counties, towns, townships, villages,

school districts, or special districts with

a population of less than 50,000, unless

an agency establishes other appropriate

definitions after opportunity for public

comment. 5 U.S.C. 601(5). The

Department of Energy (DOE or

Department) has not established

alternative definitions of these terms.

The RFA definitions of these terms are

included in Section III of the policy

statement published today.

The Department currently does not

administer any program that is focused

principally on the regulation of small

entities. DOE does administer programs

that involve financial assistance to, or

procurement from, small entities.

Moreover, requirements in particular

rules issued by DOE, which may be

enforced by assessment of civil

penalties, may apply to some small

entities as well as large ones. Therefore,

to comply with sections 213 and 223 of

SBREFA, the Department has issued the

policies set forth in this notice in order

to provide for: (1) Guidance to small

entities concerning compliance with

statutes and regulations under the

Department’s jurisdiction, and (2) the

reduction and waiver of civil penalties

for small entities.

II. Policy on Compliance Guidance to

Small Entities

Under section 213 of SBREFA, 5

U.S.C. 601 note, each agency that

regulates the activities of small entities

is directed to establish a program for

responding to inquiries from small

entities concerning compliance,

utilizing existing functions and

personnel of the agency to the extent

practicable. Section 213(a) provides:

‘‘Whenever appropriate in the interest of

administering statutes and regulations

within the jurisdiction of an agency

which regulates small entities, it shall

be the practice of the agency to answer

inquiries by small entities concerning

information on, and advice about,

compliance with such statutes and

regulations, interpreting and applying

the law to specific sets of facts supplied

by the small entity. In any civil or

administrative action against a small

entity, guidance given by an agency

applying the law to facts provided by

the small entity may be considered as

evidence of the reasonableness or

appropriateness of any proposed fines,

penalties or damages sought against

such small entity.’’

The Department provides a variety of

information and guidance to persons

about compliance with the requirements

of the programs it administers. Each

substantive area under the Department’s

jurisdiction has staff members who

respond to inquiries about compliance

with applicable laws and regulations. If

sources of general information are

insufficient to provide the needed

guidance or assistance, DOE staff

members may provide specific, informal

advice, or may advise the requester to
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Notices 27935

use a more formal method to obtain

answers to its inquiry. Following are

some examples of information and

procedures that are available to persons,

including small entities, subject to

particular DOE regulatory requirements:

• DOE directives, including

compliance guides, are available on an

Internet website (http://

www.explorer.doe.gov). These

directives primarily apply to the

Department’s management and

operation of its facilities and to DOE

contractors and subcontractors if

incorporated into contracts. Explorer

links to the DOE Technical Standards

Program’s home page (http://

apollo.osti.gov/html/techstds/

techstds.html), which provides access to

guides and handbooks pertaining to use

of technical standards in DOE programs.

The Department of Energy home page

(http://www.doe.gov) also includes

links to information (e.g., names and

telephone numbers of contact persons)

provided by various program offices to

assist persons who must comply with

regulatory requirements.

• DOE has issued a formal policy that

addresses issuance of guidance

documents, including technical

standards, to assist contractors in

implementing environment, safety and

health requirements at DOE sites (DOE

P 450.2A). That policy also commits

DOE to provide opportunities for public

input on guidance relating to nuclear

safety rules, including publication of

notice of the availability of such

guidance and acceptance of public

comments. DOE also has published a

detailed statement of policy concerning

enforcement of nuclear safety

requirements as an appendix to its

procedural rules for DOE nuclear

activities. 10 CFR part 820, appendix A.

This policy statement was amended on

October 8, 1997 (62 FR 52479).

• The Office of Energy Efficiency and

Renewable Energy has promulgated

rules for the Alternative Fuel

Transportation Program that allow an

owner or operator of a fleet of motor

vehicles to request an interpretive ruling

on how DOE’s regulations apply to its

particular facts and circumstances. 10

CFR 490.5. The regulations provide that

‘‘[n]o person who obtains an

interpretive ruling * * * shall be

subject to an enforcement action for

civil penalties or criminal fines for

actions reasonably taken in reliance

thereon * * *’’ 10 CFR 490.5(i). The

Office also issued a ‘‘plain English’’

compliance guide when it published

regulations for the program.

The Department has not established a

separate program specifically to provide

compliance guidance to small entities.

The programs administered by DOE

generally involve large companies with

contracts to conduct operations at DOE

facilities or regulation of private sector

companies, such as appliance

manufacturers, that are not small

entities. The Department’s policy is that

each program office with authority to

bring enforcement actions against small

entities for violations of statutory or

regulatory requirements should provide

compliance guidance to small entities to

the extent appropriate and practicable.

Under this policy, DOE usually will

answer inquiries of small entities

concerning compliance if doing so does

not interfere with a matter that currently

is under investigation or the subject of

governmental proceedings.

The Department’s policy on providing

compliance guidance to small entities

includes several conditions on

responding to requests by small entities

for written guidance applying law to

facts they have provided. These

conditions are necessary because

SBREFA provides that agency guidance

may be considered as evidence in any

civil or administrative enforcement

proceeding. The policy provides that

before responding in writing to a small

entity’s request, DOE offices should

require the person who has requested

the written guidance to provide in

writing the specific facts and

circumstances relevant to its request

and to identify the pertinent statute or

regulation. In addition, the policy calls

for DOE offices to consult with legal

counsel, and any other DOE office or

agency with an interest in the matter,

before providing a written response to a

small entity. With regard to DOE

nuclear activities, the Secretary has

delegated to the General Counsel the

responsibility for formulating and

issuing any interpretation concerning

the Atomic Energy Act of 1954, other

nuclear statute, or a DOE nuclear safety

requirement. 10 CFR 820.51.

III. Policy on Reduction and Waiver of

Civil Penalties for Small Entities

Section 223(a) of SBREFA, 5 U.S.C.

601 note, provides the following general

standard for agency reduction and

waiver policies: ‘‘Each agency regulating

the activities of small entities shall

establish a policy or program * * * to

provide for the reduction, and under

appropriate circumstances for the

waiver, of civil penalties for violations

of a statutory or regulatory requirement

by a small entity. Under appropriate

circumstances, an agency may consider

ability to pay in determining penalty

assessments on small entities.’’

DOE interprets the term ‘‘civil

penalites’’ in section 223 to mean civil

money penalties. This interpretation is

consistent with the provision that an

agency may consider a small entity’s

‘‘ability to pay,’’ and the requirement in

section 223(c) that each agency report to

Congress on the ‘‘total amount of

penalty reductions and waivers’’ under

its policy or program.

Section 223(b) provides that agency

policies or programs are ‘‘(s)ubject to the

requirements of other statutes’’ and,

thus, do not supersede existing laws on

penalties. It provides, moreover, that

agency policies or programs shall

contain conditions or exclusions, which

may include, but shall not be limited to:

(1) Requiring the small entity to correct

the violation within a reasonable time;

(2) limiting the applicability to

violations discovered through

participation by the small entity in a

compliance assistance or audit program

operated or supported by the agency or

a state; (3) excluding from the program

small entities that have been subject to

multiple enforcement actions by the

agency; (4) excluding violations

involving willful or criminal conduct;

(5) excluding violations that pose

serious health, safety, or environmental

threats; and (6) requiring a good faith

effort to comply with the law.

Several conditions or exclusions

suggested in SBREFA are similar to

provisions of a Presidential

memorandum on regulatory reform

issued on April 21, 1995, which

directed executive agencies to modify

penalties for small businesses. The

memorandum provides that agencies

shall exercise their discretion ‘‘to waive

the imposition of all or a portion of a

penalty when the violation is corrected

within a time period appropriate to the

violation in question * * *. The

provisions (of this section) shall apply

only where there has been a good faith

effort to comply with applicable

regulations and the violation does not

involve criminal wrongdoing or

significant threat to health, safety, or the

environment.’’ Memorandum of the

President of the United States to

Executive Agencies, ‘‘Regulatory

Reform—Waiver of Penalties and

Reduction of Reports’’ (April 21, 1995)

(5 U.S.C. 601 note).

The Department has authority to

impose civil penalties under various

statutes. Section 18 of the PriceAnderson Amendments Act of 1988, 42

U.S.C. 2282a, authorizes DOE to impose

civil money penalties of up to $110,000

on certain persons for violation of DOE

nuclear safety requirements in any
27936 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Notices

1 DOE recently revised the civil penalty amounts

specified in the PAAA and other statutes to comply

with the Federal Civil Penalties Inflation

Adjustment Act of 1990, 28 U.S.C. 2461 note, as

amended by the Debt Collection Improvement Act

of 1996, Pub. L. 104–134. See Final Rule, Inflation

Adjustment of Civil Monetary Penalties, 62 FR

46181 (Sept. 2, 1997).

applicable rule, regulation or order.1

The Department has published a

statement of enforcement policy for

implementing this authority. 10 CFR

part 820, appendix A. Under the

National Defense Authorization Act for

Fiscal Years 1992 and 1993, DOE may

impose civil penalties on any contractor

of DOE who fails to provide for the

training of individuals involved in

hazardous substance response or

emergency response at DOE nuclear

weapons facilities, or who fails to

certifiy such training. 42 U.S.C. 7274d.

The Department also has authority to

impose civil penalties for violation of

certain provisions of the Energy Policy

Act, 42 U.S.C. 13262; the Energy Policy

and Conservation Act, 42 U.S.C. 6303;

the Program Fraud Civil Remedies Act,

31 U.S.C. 3801–3812; and various other

statutes. As mentioned previously, the

programs administered by DOE

generally involve large contractors and

companies, but DOE rules sometimes

apply to individual small entities that

may be subject to assessment of civil

penalties for violation of regulatory

requirements.

DOE will consider whether to reduce

or waive civil penalties that have been

assessed against small entities on a caseby-case basis. Under the DOE policy,

small entities are not eligible for the

reduction or waiver of a civil penalty if:

(1) The violation involves willful or

criminal conduct; (2) the small entity

has not made a good faith effort to

comply with the law; or (3) the violation

poses a serious threat to health, safety,

or the environment. These exclusions

are given as examples in SBREFA and

are consistent with the President’s

memorandum on waiver of penalties for

small businesses.

The Department’s policy statement

includes a non-exclusive list of factors

that DOE may weigh in deciding

whether to reduce or waive a civil

penalty that has been assessed against

an eligible small entity. DOE will

consider a reduction or waiver of a civil

penalty in the following circumstances:

(1) The small entity has not been subject

to previous enforcement actions for

statutory or regulatory violations; (2) the

small entity has a low degree of

culpability (e.g., violation was

committed inadvertently or without

knowledge of requirements); (3) the

small entity cooperated fully during the

investigation that revealed the violation;

(4) the small entity engaged in

subsequent corrective actions to

mitigate the effects of the violation and

prevent future violations; (5) the small

entity reasonably relied on misleading

or erroneous advice given by a DOE

officer or employee; and (6) the small

entity is unable financially to pay the

penalty. Each factor does not necessarily

need to be present for a small entity to

qualify for reduction or waiver of a civil

penalty, and some factors may be

weighed more heavily than others,

depending on the particular

circumstances.

The Department does not intend this

policy statement on reduction and

waiver of civil penalties for small

entities to change its current policies for

enforcing nuclear safety requirements

under 10 CFR part 820. This statement

of policy complements, and is not

intended to be inconsistent with, the

statement of enforcement policy in part

820. In enforcing nuclear safety

requirements, the Department

encourages and rewards contractors

who promptly identify, report, and

correct non-compliant conditions before

they become serious health, safety or

environmental threats. See General

Statement of Enforcement Policy,

appendix A to 10 CFR part 820,

‘‘Procedural Rules for DOE Nuclear

Activities.’’ The Department’s policy is

to reduce significantly the base civil

penalty for a DOE contractor who

identifies and promptly reports a

violation to DOE. On the other hand, the

policy provides for setting a civil

penalty assessment above the base civil

penalty if a covered contractor fails to

promptly report and correct potential

violations.

The DOE policy concerning the

reduction and waiver of civil penalties

for small entities does not create a right

or remedy for any person. The

Department reserves the right to reduce

or waive civil penalties in

circumstances other than those listed

under the policy statement if it is legally

permissible and in the public interest to

do so.

IV. Congressional Notification

Consistent with the Small Business

Regulatory Enforcement Fairness Act of

1996, DOE will submit to Congress a

report regarding the issuance of this

policy statement prior to the effective

date. The report will note that the Office

of Management and Budget has

determined that this statement of policy

does not constitute a ‘‘major rule’’ under

that Act. 5 U.S.C. 804(2).

Issued in Washington, D.C., on May 12,

1998.

Mary Anne Sullivan,

Acting General Counsel.

Statement of Policy on Compliance

Guidance and Reduction and Waiver of

Civil Penalties for Small Entities

The Department of Energy (DOE or

Department) has issued this policy

statement to comply with sections 213

and 223 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), which was enacted as

title II of Pub. L. 104–121. Section

213(b) of SBREFA, 5 U.S.C. 601 note,

requires agencies that regulate the

activities of small entities to establish a

program for responding to inquiries

from small entities concerning

information on, and advice about,

compliance with statutory and

regulatory requirements. Section 223 of

SBREFA, 5 U.S.C. 601 note, requires

each agency regulating the activities of

small entities to establish a program or

policy to provide for the reduction, and

under appropriate circumstances, for

the waiver of civil penalties for

violations of statutory or regulatory

requirements by small entities.

I. Compliance Guidance to Small

Entities

The following policies apply to

inquiries from small entities concerning

compliance with applicable statutes and

regulations:

1. Each DOE office with authority to

bring enforcement actions against small

entities for violation of statutory or

regulatory requirements (hereafter ‘‘DOE

office’’) should answer inquiries by

small entities concerning the

application of statutes and regulations

to specific facts or circumstances, unless

answering an inquiry may interfere with

an ongoing investigation or proceeding

or otherwise would not be appropriate

or practicable.

2. DOE offices should require a small

entity that requests DOE to provide

written guidance applying the law to

facts to state the specific facts and

circumstances relevant to its request

and to identify the pertinent statute or

regulation and the related question on

which guidance is sought.

3. DOE offices should consult with

Department legal counsel, and any other

office or agency with an interest in the

matter, before responding in writing to

a request by a small entity for guidance

regarding how a statute or regulation

applies to particular facts and

circumstances.

4. DOE offices should deny a request

by a small entity for compliance

guidance if the small entity has not
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Notices 27937

provided sufficient information upon

which to base a response, or for other

good cause.

II. Reduction and Waiver of Civil

Penalites for Small Entities

1. DOE offices shall consider on a

case-by-case basis whether to reduce or

waive an initial assessment of a civil

penalty against a small entity for

violation of a statutory or regulatory

requirement in accordance with the

policies that follow.

2. A small entity that has been

assessed a civil penalty by DOE shall

not be eligible for a reduction or waiver

of the penalty if any of the following

apply:

(a) The violation involves willful or

criminal conduct by the small entity;

(b) The small entity has not made a

good faith effort to comply with the law;

or

(c) The violation poses a serious

threat to health, safety, or the

environment.

3. Subject to the exclusions in

paragraph 2, DOE offices may consider

the following factors in deciding

whether to reduce or waive a civil

penalty against a small entity:

(a) The small entity’s history of legal

or regulatory violations;

(b) The degree of culpability of the

small entity when it committed the

violation;

(c) The extent to which the small

entity cooperated during the

investigation;

(d) The extent to which the small

entity engaged in subsequent corrective

actions to mitigate the effects of the

violation and prevent future violations;

(e) The extent to which the small

entity reasonably relied on misleading

or erroneous advice given by a DOE

employee;

(f) The ability of the small entity to

pay the civil penalty, in whole or in

part; and

(g) Any other relevant fact.

4. DOE offices should require a person

requesting the reduction or waiver of a

civil penalty under this policy to

establish that it meets the definition of

‘‘small entity’’ set forth in Section III of

this statement of policy.

5. This policy on reduction and

waiver of civil penalties for small

entities complements, and does not

supersede, the general statement of

enforcement policy in 10 CFR part 820,

appendix A, which applies to

enforcement of nuclear safety

requirements.

6. The Department reserves the right

to reduce or waive civil penalties in

appropriate individual circumstances

where it determines that a reduction or

waiver is permitted by law and

warranted by the public interest.

III. Definition of ‘‘Small Entity’’

For purposes of this policy, small

entity means a ‘‘small business,’’ ‘‘small

organization,’’ or ‘‘small governmental

jurisdiction’’ as defined by the

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

The Regulatory Flexibility Act

definitions are as follows:

(1) Small business has the same

meaning as the term ‘‘small business

concern’’ under section 3 of the Small

Business Act, unless (DOE), after

consultation with the Office of

Advocacy of the Small Business

Administration and after opportunity

for public comment, establishes one or

more definitions of such term which are

appropriate to the activities of (DOE)

and publishes such definition(s) in the

Federal Register;

(2) Small organization means any notfor-profit enterprise which is

independently owned and operated and

is not dominant in its field, unless

(DOE) establishes, after opportunity for

public comment, one or more

definitions of such term which are

appropriate to the activities of (DOE)

and publishes such definition(s) in the

Federal Register; and

(3) Small governmental jurisdiction

means governments of cities, counties,

towns, townships, villages, school

districts, or special districts, with a

population of less than fifty thousand,

unless (DOE) establishes, after

opportunity for public comment, one or

more definitions of such term which are

appropriate to the activities of (DOE)

and which are based on such factors as

location in rural or sparsely populated

areas or limited revenues due to the

population of such jurisdiction, and

publishes such definition(s) in the

Federal Register.

[FR Doc. 98–13587 Filed 5–20–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP98–530–000]

Equitrans, L.P.; Notice of Request

Under Blanket Authorization

May 15, 1998.

Take notice that on May 8, 1998,

Equitrans, L.P. (Equitrans), 3500 Park

Lane, Pittsburgh, PA 15275, filed in

Docket No. CP98–530–000, a request,

pursuant to Sections 157.205 and

157.211 of the Commission’s

Regulations under the Natural Gas Act

(18 CFR 157.205 and 157.211), for

authorization to install a tap, metering,

electronic flow measurement, and

appurtenant facilities for the delivery of

transportation gas to AFG Industries,

Inc. (AFG) in Flemington District,

Taylor County, West Virginia, under

Equitrans’ blanket certificate

authorization issued in Docket No.

CP83–508–000, pursuant to Section 7 of

the Natural Gas Act, all as more fully set

forth in the request which is on file with

the Commission and open to public

inspection.

Specifically, Equitrans seeks

authorization to install a tap connection

on its existing pipeline, Number GST–

902. Equitrans relates that it will have

a ten year firm transportation agreement

with AFG. Equitrans states that the

annual delivered volumes will be

approximately 1,642,000 Dth, with a

peak day volume of 5,000 Dth and a

daily contractual obligation of 4,300

Dth. Equitrans asserts that all volumes

delivered to AFG will be within

contractually permissible levels.

Equitrans states that this change is not

prohibited by an existing tariff and that

it has sufficient capacity to accomplish

the deliveries specified without

detriment or disadvantage to its other

customers. Equitrans estimates the cost

to construct the facilities at

approximately $127,200, a portion of

which will be reimbursed by AFG to

Equitrans. Equitrans has sent a copy of

this request to the West Virginia Public

Service Commission.

Any person or the Commission’s staff

may, within 45 days after issuance of

the instant notice by the Commission,

file with the Federal Energy Regulatory

Commission, 888 First Street, NE,

Washington, DC 20426, pursuant to

Rule 214 of the Commission’s

Procedural Rules (18 CFR 385.214) a

motion to intervene or notice of

intervention and pursuant to Section

157.205 of the Regulations under the

Natural Gas Act (18 CFR 157.205) a

protest to the request. If no protest is

filed within the time allowed therefore,

the proposed activity shall be deemed to

be authorized effective the day after the

time allowed for filing a protest. If a

protest is filed and not withdrawn

within 30 days after the time allowed

for filing a protest, the instant request

shall be treated as an application for

authorization pursuant to Section 7 of

the Natural Gas Act.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–13495 Filed 5–20–98; 8:45 am]

BILLING CODE 6717–01–M