27208 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations

(i) The Director and Deputy Directors,

CDRH, the Director and Deputy

Directors, ODE, CDRH, and the Division

Directors, ODE, CDRH.

* * * * *

Dated: May 7, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–13046 Filed 5–15–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 507

Manufacture, Sale, Wear, Commercial

Use and Quality Control of Heraldic

Items

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

SUMMARY: This revision authorizes the

manufacture and sale of full size

military medals and decorations. In the

past the manufacture and sale of these

items was prohibited except under

Government contract through the

Defense Personnel Support Center. In

coordination with all the Services, the

Office of the Secretary of Defense

approved the manufacture and sale of

full size military medals and

decorations with the provision that no

version of the Medal of Honor can be

manufactured except under Government

contract with the Defense Personnel

Support Center. This rule also revises

the Department of the Army policy

(Army Regulation 672–8) governing the

manufacture, sale, reproduction,

possession, and wearing of military

decorations, medals, badges, and

insignia. This revision establishes

responsibility for authorizing the

incorporation of insignia designs in

commercial articles; adds procedures for

processing a request to use Army

insignia and the Army emblem design

in advertisement or promotional

materials; clarifies insignia items that

are controlled heraldic items; and

defines the certification process for

heraldic items. This revision has a

direct affect on Departments of the

Army and Air Force personnel who

design, procure from private industry

and who wear military insignia.

EFFECTIVE DATE: May 18, 1998.

ADDRESSES: Director, The Institute of

Heraldry, 9325 Gunston Road, Room S–

112, Fort Belvoir, Virginia 22060–5579.

FOR FURTHER INFORMATION CONTACT:

Stanley W. Haas, Chief, Technical and

Production Division, telephone (703)

806–4984.

SUPPLEMENTARY INFORMATION:

a. Background

The wear, manufacture, and sale of

decorations, medals, badges, and

insignia is restricted by 18 U.S.C. 701

and 704. The Institute of Heraldry, U.S.

Army has been designated to act in

behalf of the Department of Defense,

Department of the Army and

Department of the Air Force in

establishing regulations governing

control in manufacturing and quality.

The revision was previously announced

in the proposed rule section of the

Federal Register, Vol. 63, No. 47, Pages

11858–11862,Wednesday, March 11,

1998 for public comment.

b. Comments and Responses

No comments were received on the

proposed rule.

Executive Order 12866

This rule is not a major rule as

defined by Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act has no

bearing on this rule.

Paperwork Reduction Act

This rule does not contain reporting

or record keeping requirements subject

to the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 507

Decorations, Medals, Awards.

Accordingly, 32 CFR Part 507 is

revised to read as follows:

PART 507—MANUFACTURE AND

SALE OF DECORATIONS, MEDALS,

BADGES, INSIGNIA, COMMERCIAL

USE OF HERALDIC DESIGNS AND

HERALDIC QUALITY CONTROL

PROGRAM

Subpart A—Introduction

Sec.

507.1 Purpose.

507.2 References.

507.3 Explanation of abbreviations and

terms.

507.4 Responsibilities.

507.5 Statutory authority.

Subpart B—Manufacture and sale of

Decorations, Medals, Badges, and Insignia

507.6 Authority to manufacture.

507.7 Authority to sell.

507.8 Articles authorized for manufacture

and sale.

507.9 Articles not authorized for

manufacture or sale.

Subpart C—Commercial Use of Heraldic

Designs

507.10 Incorporation of designs or

likenesses of approved designs in

commercial articles.

507.11 Reproduction of designs.

507.12 Possession and wearing.

Subpart D—Heraldic Quality Control

Program

507.13 General.

507.14 Controlled heraldic items.

507.15 Certification of heraldic items.

507.16 Violations and penalties.

507.17 Procurement and wear of heraldic

items.

507.18 Processing complaints of alleged

breach of policies.

Authority: 10 U.S.C. 3012, 18 U.S.C. 701,

18 U.S.C. 702

Subpart A—Introduction

§ 507.1 Purpose.

This part prescribes the Department of

the Army and the Air Force policy

governing the manufacture, sale,

reproduction, possession, and wearing

of military decorations, medals, badges,

and insignia. It also establishes the

Heraldic Item Quality Control Program

to improve the appearance of the Army

and Air Force by controlling the quality

of heraldic items purchased from

commercial sources.

§ 507.2 References.

Related publications are listed in

paragraphs (a) through (f) of this section.

(A related publication is merely a source

of additional information. The user does

not have to read it to understand this

part). Copies of referenced publications

may be reviewed at Army and Air Force

Libraries or may be purchased from the

National Technical Information

Services, U.S. Department of Commerce,

5285 Port Royal Road, Springfield, VA

22161.

(a) AFI 36–2903, Dress and Personal

Appearance of Air Force Personnel.

(b) AR 360–5, Public Information.

(c) AR 670–1, Wear and Appearance

of Army Uniforms and Insignia.

(d) AR 840–1, Department of the

Army Seal, and Department of the Army

Emblem and Branch of Service Plaques.

(e) AR 840–10, Heraldic Activities,

Flags, Guidons, Streamers, Tabards and

Automobile Plates.

(f) AFR 900–3, Department of the Air

Force Seal, Organizational Emblems,

Use and Display of Flags, Guidons,

Streamers, and Automobile and Aircraft

Plates.

§ 507.3 Explanation of abbreviations and

terms.

(a) Abbreviations.

(1) AFB—Air Force Base.

(2) DA—Department of the Army.
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations 27209

(3) DCSPER—Deputy Chief of Staff for

Personnel.

(4) DSCP—Defense Supply Center

Philadelphia.

(5) DUI—distinctive unit insignia.

(6) ROTC—Reserve Officers’ Training

Corps.

(7) SSI—shoulder sleeve insignia.

(8) TIOH—The Institute of Heraldry.

(9) USAF—United States Air Force.

(b) Terms.—(1) Cartoon. A drawing

six times actual size, showing

placement of stitches, color and size of

yarn and number of stitches.

(2) Certificate of authority to

manufacture. A certificate assigning

manufacturers a hallmark and

authorizing manufacture of heraldic

items.

(3) Hallmark. A distinguishing mark

consisting of a letter and numbers

assigned to certified manufacturers for

use in identifying manufacturers of

insignia.

(4) Heraldic items. All items worn on

the uniform to indicate unit, skill,

branch, award or identification and a

design has been established by TIOH on

an official drawing.

(5) Letter of agreement. A form signed

by manufacturers before certification,

stating that the manufacturer agrees to

produce heraldic items in accordance

with specific requirements

(6) Letter of authorization. A letter

issued by TIOH that authorizes the

manufacture of a specific heraldic item

after quality assurance inspection of a

preproduction sample.

(7) Tools. Hubs, dies, cartoons, and

drawings used in the manufacture of

heraldic items.

§ 507.4 Responsibilities.

(a) Deputy Chief of Staff for Personnel

(DCSPER), Army. The DCSPER has staff

responsibility for heraldic activities in

the Army.

(b) The Director, The Institute of

Heraldry (TIOH). The Director, TIOH,

will—

(1) Monitor the overall operation of

the Heraldic Quality Control Program.

(2) Authorize the use of insignia

designs in commercial items.

(3) Certify insignia manufacturers.

(4) Inspect the quality of heraldic

items.

(c) The Commander, Air Force

Personnel Center, Randolph AFB, TX

78150–4739. The Commander has staff

responsibility for heraldic activities in

the Air Force.

(d) The Chief, Air Force Personnel

Center Commander’s Programs Branch

(HQ AFPC/DPSFC), 550 C Street West,

Suite 37, Randolph AFB, TX 78150–

4739. The Chief, Commander’s

Programs Branch is responsible for

granting permission for the

incorporation of certain Air Force

badges and rank insignia designs in

commercial items.

(e) Commander, Air Force Historical

Research Agency (AFHRA/RSO),

Maxwell AFB, AL 36112–6424. The

Commander, AFHRA/RSO, is

responsible for granting permission for

use of the Air Force seal, coat of arms,

and crest.

(f) Commanders. Commanders are

responsible for purchasing heraldic

items that have been produced by

manufacturers certified by TIOH.

Commanders will ensure that only those

heraldic items that are of quality and

design covered in the specification and

that have been produced by certified

manufacturers are worn by personnel

under their command.

§ 507.5 Statutory authority.

(a) The wear, manufacture, and sale of

military decorations, medals, badges,

their components and appurtenances, or

colorable imitations of them, are

governed by section 704, title 18, United

States Code (18 U.S.C. 704).

(b) The manufacture, sale, possession,

and reproduction of badges,

identification cards, insignia, or other

designs, prescribed by the head of a U.S.

department or agency, or colorable

imitations of them, are governed by

Title 18, United States Code, Section

701 (18 U.S.C. 701).

(c) This part incorporates the statutory

provisions.

Subpart B—Manufacture and Sale of

Decorations, Medals, Badges, and

Insignia.

§ 507.6 Authority to manufacture.

(a) A certificate of authority to

manufacture heraldic articles may be

granted by the Institute of Heraldry.

(1) Certificates of authority will be

issued only to companies who have

manufacturing capability and agree to

manufacture heraldic items according to

applicable specifications or purchase

descriptions.

(2) The certificate of authority is valid

only for the individual or corporation

indicated.

(3) A hallmark will be assigned to

each certified manufacturer. All insignia

manufactured will bear the

manufacturer’s hallmark.

(b) A certificate of authority may be

revoked or suspended under the

procedures prescribed in subpart D of

this part.

(c) Manufacturers will submit a

preproduction sample to TIOH of each

item they manufacture for certification

under the Heraldic Quality Control

Program. A letter of certification

authorizing manufacture of each

specific item will be issued provided

the sample meets quality assurance

standards.

(d) A copy of the certified

manufactures list will be furnished to

the Army and Air Force Exchange

Service and, upon request, to Army and

Air Force commanders.

§ 507.7 Authority to sell.

No certificate of authority to

manufacture is required to sell articles

listed in § 507.8 of this part; however,

sellers are responsible for insuring that

any article they sell is manufactured in

accordance with Government

specifications using government

furnished tools, bears a hallmark

assigned by TIOH, and that the

manufacturer has received a

certification to manufacture that specific

item prior to sale.

§ 507.8 Articles authorized for

manufacture and sale.

(a) The articles listed in paragraphs (a)

(1) through (10) of this section are

authorized for manufacture and sale

when made in accordance with

approved specifications, purchase

descriptions or drawings.

(1) All authorized insignia (AR 670–

1 and AFI 36–2903).

(2) Appurtenances and devices for

decorations, medals, and ribbons such

as oak leaf clusters, service stars,

arrowheads, V-devices, and clasps.

(3) Combat, special skill, occupational

and qualification badges and bars.

(4) Identification badges.

(5) Fourrageres and lanyards.

(6) Lapel buttons.

(7) Decorations, service medals, and

ribbons, except for the Medal of Honor.

(8) Replicas of decorations and service

medals for grave markers. Replicas are

to be at least twice the size prescribed

for decorations and service medals.

(9) Service ribbons for decorations,

service medals, and unit awards.

(10) Rosettes.

(11) Army emblem and branch of

service plaques.

(b) Variations from the prescribed

specifications for the items listed in

paragraph (a) of this section are not

permitted without prior approval, in

writing, by TIOH.

§ 507.9 Articles not authorized for

manufacture or sale.

The following articles are not

authorized for manufacture and sale,

except under contract with DSCP:

(a) The Medal of Honor.

(b) Service ribbon for the Medal of

Honor.
27210 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations

(c) Rosette for the Medal of Honor.

(d) Service flags (prescribed in AR

840–10 or AFR 900–3).

(e) Army seal.

(f) Commercial articles for public sale

that incorporate designs or likenesses of

decorations, service medals, and service

ribbons.

(g) Commercial articles for public sale

that incorporate designs or likenesses of

designs of insignia listed in § 507.8 of

this part, except when authorized by the

Service concerned.

Subpart C—Commercial Use of Heraldic

Designs

§ 507.10 Incorporation of designs or

likenesses of approved designs in

commercial articles.

The policy of the Department of the

Army and the Department of the Air

Force is to restrict the use of military

designs for the needs or the benefit of

personnel of their Services.

(a) Except as authorized in writing by

the Department of the Army or the

Department of the Air Force, as

applicable, the manufacture of

commercial articles incorporating

designs or likenesses of official Army/

Air Force heraldic items is prohibited.

However, certain designs or likenesses

of insignia such as badges or

organizational insignia may be

incorporated in articles manufactured

for sale provided that permission has

been granted as specified in paragraphs

(a) (1) and (2) of this section.

(1) Designs approved for use of the

Army. The Director, The Institute of

Heraldry, 9325 Gunston Road, Room S–

112, Fort Belvoir, VA 22060–5579, is

responsible for granting permission for

the incorporation of certain Army

insignia designs and the Army emblem

in commercial articles manufactured for

sale. Permission for such use will be in

writing. Commanders of units

authorized a SSI or DUI may authorize

the reproduction of their SSI or DUI on

commercial articles such as shirts, tie

tacks, cups, or plaques. Permission for

use of a SSI or DUI will be submitted

in writing to the commander concerned.

Authorization for incorporation of

designs or likenesses of designs in

commercial items will be granted only

to those manufacturers who agree to

offer these items for sale only to Army

and Air Force Exchange Service and

outlets that sell primarily to military

personnel and their dependents.

(2) Designs approved for use of the Air

Force. Headquarters, Air Force

Personnel Center, Chief, Commander’s

Programs Branch (HQ AFPC/DPSFC),

550 C Street West, Suite 37, Randolph

AFB, TX 78150–4739, is responsible for

granting permission for the

incorporation of certain Air Force

designs for commercial articles

manufactured for sale. The Commander,

Air Force Historical Research Agency,

AFHRA/RSO, Maxwell AFB, AL 36112–

6678, is responsible for granting

permission for the incorporation of the

coat of arms, crest, seal and

organizational emblems. Such

permission will be in writing.

Authorization for incorporation of

designs or likenesses of designs in

commercial items will be granted only

to those manufacturers who agree to

offer these items for sale only to the

Army and Air Force Exchange Service,

or to those outlets that sell primarily to

military personnel and their

dependents.

(b) In the case of the Honorable

Service lapel button, a general exception

is made to permit the incorporation of

that design in articles manufactured for

public sale provided that such articles

are not suitable for wear as lapel buttons

or pins.

§ 507.11 Reproduction of designs.

(a) The photographing, printing, or, in

any manner making or executing any

engraving, photograph, print, or

impression in the likeness of any

decoration, service medal, service

ribbon, badge, lapel button, insignia, or

other device, or the colorable imitation

thereof, of a design prescribed by the

Secretary of the Army or the Secretary

of the Air Force for use by members of

the Army or the Air Force is authorized

provided that such reproduction does

not bring discredit upon the military

service and is not used to defraud or to

misrepresent the identification or status

of an individual, organization, society,

or other group of persons.

(b) The use for advertising purposes of

any engraving, photograph, print, or

impression of the likeness of any

Department of the Army or Department

of the Air Force decoration, service

medal, service ribbon, badge, lapel

button, insignia, or other device (except

the Honorable Service lapel button) is

prohibited without prior approval, in

writing, by the Secretary of the Army or

the Secretary of the Air Force except

when used to illustrate a particular

article that is offered for sale. Request

for use of Army insignia in

advertisements or promotional materials

will be processed through public affairs

channels in accordance with AR 360–5,

paragraph 3–37.

(c) The reproduction in any manner of

the likeness of any identification card

prescribed by Department of the Army

or Department of the Air Force is

prohibited without prior approval in

writing by the Secretary of the Army or

Secretary of the Air Force.

§ 507.12 Possession and wearing.

(a) The wearing of any decoration,

service medal, badge, service ribbon,

lapel button, or insignia prescribed or

authorized by the Department of the

Army and the Department of the Air

Force by any person not properly

authorized to wear such device, or the

use of any decoration, service medal,

badge, service ribbon, lapel button, or

insignia to misrepresent the

identification or status of the person by

whom such is worn is prohibited. Any

person who violates the provision of

this section is subject to punishment as

prescribed in the statutes referred to in

§ 507.5 of this part.

(b) Mere possession by a person of

any of the articles prescribed in § 507.8

of this part is authorized provided that

such possession is not used to defraud

or misrepresent the identification or

status of the individual concerned.

(c) Articles specified in § 507.8 of this

part, or any distinctive parts including

suspension ribbons and service ribbons)

or colorable imitations thereof, will not

be used by any organization, society, or

other group of persons without prior

approval in writing by the Secretary of

the Army or the Secretary of the Air

Force.

Subpart D—Heraldic Quality Control

Program

§ 507.13 General.

The heraldic quality control program

provides a method of ensuring that

insignia items are manufactured with

tools and specifications provided by

TIOH.

§ 507.14 Controlled heraldic items.

The articles listed in § 507.8 of this

part are controlled heraldic items and

will be manufactured in accordance

with Government specifications using

Government furnished tools or cartoons.

Tools and cartoons are not provided to

manufacturers for the items in

paragraphs (a) through (e) of this

section. However, manufacture will be

in accordance with the Government

furnished drawings.

(a) Shoulder loop insignia, ROTC,

U.S. Army.

(b) Institutional SSI, ROTC, U.S.

Army.

(c) Background trimming/flashes, U.S.

Army.

(d) U.S. Air Force organizational

emblems for other than major

commands.

(e) Hand embroidered bullion

insignia.
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations 27211

§ 507.15 Certification of heraldic items.

A letter of certification to manufacture

each heraldic item, except those listed

in § 507.14 (a) through (e) of this part,

will be provided to the manufacturer

upon submission of a preproduction

sample. Manufacture and sale of these

items is not authorized until the

manufacturer receives a certification

letter from TIOH.

§ 507.16 Violations and penalties.

A certificate of authority to

manufacture will be revoked by TIOH

upon intentional violation by the holder

thereof of any of the provisions of this

part, or as a result of not complying

with the agreement signed by the

manufacturer in order to receive a

certificate. Such violations are also

subject to penalties prescribed in the

Acts of Congress (§ 507.5 of this part). A

repetition or continuation of violations

after official notice thereof will be

deemed prima facie evidence of

intentional violation.

§ 507.17 Procurement and wear of heraldic

items.

(a) The provisions of this part do not

apply to contracts awarded by the

Defense Personnel Support Center for

manufacture and sale to the U.S.

Government.

(b) All Army and Air Force service

personnel who wear quality controlled

heraldic items that were purchased from

commercial sources will be responsible

for ensuring that the items were

produced by a certified manufacturer.

Items manufactured by certified

manufacturers will be identified by a

hallmark and/or a certificate label

certifying the item was produced in

accordance with specifications.

(c) Commanders will ensure that only

those heraldic items that are of the

quality and design covered in the

specifications and that have been

produced by certified manufacturers are

worn by personnel under their

command. Controlled heraldic items

will be procured only from

manufacturers certified by TIOH.

Commanders procuring controlled

heraldic items, when authorized by

local procurement procedures, may

forward a sample insignia to TIOH for

quality assurance inspection if the

commander feels the quality does not

meet standards.

§ 507.18 Processing complaints of alleged

breach of policies.

The Institute of Heraldry may revoke

or suspend the certificate of authority to

manufacture if there are breaches of

quality control policies by the

manufacturer. As used in this

paragraph, the term quality control

policies include the obligation of a

manufacturer under his or her

‘‘Agreement to Manufacture,’’ the

quality control provisions of this part,

and other applicable instructions

provided by TIOH.

(a) Initial processing. (1) Complaints

and reports of an alleged breach of

quality control policies will be

forwarded to the Director, The Institute

of Heraldry, 9325 Gunston Road, Room

S–112, Fort Belvoir, VA 22060–5579

(hereinafter referred to as Director).

(2) The Director may direct that an

informal investigation of the complaint

or report be conducted.

(3) If such investigation is initiated, it

will be the duty of the investigator to

ascertain the facts in an impartial

manner. Upon conclusion of the

investigation, the investigator will

submit a report to the appointing

authority containing a summarized

record of the investigation together with

such findings and recommendations as

may be appropriate and warranted by

the facts.

(4) The report of investigation will be

forwarded to the Director for review. If

it is determined that a possible breach

of quality control policies has occurred,

the Director will follow the procedures

outlined in paragraphs (b) through (g) of

this section.

(b) Voluntary performance. The

Director will transmit a registered letter

to the manufacturer advising of the

detailed allegations of breach and

requesting assurances of voluntary

compliance with quality control

policies. No further action is taken if the

manufacturer voluntarily complies with

the quality control policies; however,

any further reoccurrence of the same

breach will be considered refusal to

perform.

(c) Refusal to perform. (1) If the

manufacturer fails to reply within a

reasonable time to the letter authorized

by paragraph (b) of this section, or

refuses to give adequate assurances that

future performance will conform to

quality control policies, or indicates by

subsequent conduct that the breach is

continuous or repetitive, or disputes the

allegations of breach, the Director will

direct that a public hearing be

conducted on the allegations.

(2) A hearing examiner will be

appointed by appropriate orders. The

examiner may be either a commissioned

officer or a civilian employee above the

grade of GS–7.

(3) The specific written allegations,

together with other pertinent material,

will be transmitted to the hearing

examiner for introduction as evidence at

the hearing.

(4) Manufacturers may be suspended

for failure to return a loaned tool

without referral to a hearing specified in

paragraph (c)(1) of this section;

however, the manufacturer will be

advised, in writing, that tools are

overdue and suspension will take effect

if not returned within the specified

time.

(d) Notification to the manufacturer

by examiner. Within a 7 day period

following receipt by the examiner of the

allegations and other pertinent material,

the examiner will transmit a registered

letter of notification to the manufacturer

informing him or her of the following:

(1) Specific allegations.

(2) Directive of the Director requiring

the holding of a public hearing on the

allegations.

(3) Examiner’s decision to hold the

public hearing at a specific time, date,

and place that will be not earlier than

30 days from the date of the letter of

notification.

(4) Ultimate authority of the Director

to suspend or revoke the certificate of

authority should the record developed

at the hearing so warrant.

(5) Right to—

(i) A full and fair public hearing.

(ii) Be represented by counsel at the

hearing.

(iii) Request a change in the date,

time, or place of the hearing for

purposes of having reasonable time in

which to prepare the case.

(iv) Submit evidence and present

witnesses in his or her own behalf.

(v) Obtain, upon written request filed

before the commencement of the

hearing, at no cost, a verbatim transcript

of the proceedings.

(e) Public hearing by examiner. (1) At

the time, date, and place designated in

accordance with paragraph (d) (3) of this

section, the examiner will conduct the

public hearing.

(i) A verbatim record of the

proceeding will be maintained.

(ii) All previous material received by

the examiner will be introduced into

evidence and made part of the record.

(iii) The Government may be

represented by counsel at the hearing.

(2) Subsequent to the conclusion of

the hearing, the examiner will make

specific findings on the record before

him or her concerning each allegation.

(3) The complete record of the case

will be forwarded to the Director.

(f) Action by the Director. (1) The

Director will review the record of the

hearing and either approve or

disapprove the findings.

(2) Upon arrival of a finding of breach

of quality control policies, the

manufacturer will be so advised.

(3) After review of the findings, the

certificate of authority may be revoked
27212 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 /Rules and Regulations

or suspended. If the certificate of

authority is revoked or suspended, the

Director will—

(i) Notify the manufacturer of the

revocation or suspension.

(ii) Remove the manufacturer from the

list of certified manufacturers.

(iii) Inform the Army and Air Force

Exchange Service of the action.

(g) Reinstatement of certificate of

authority. The Director may, upon

receipt of adequate assurance that the

manufacturer will comply with quality

control policies, reinstate a certificate of

authority that has been suspended or

revoked.

Thomas B. Proffitt,

Director.

[FR Doc. 98–13115 Filed 5–15–98; 8:45 am]

BILLING CODE 3710–08–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6015–1]

RIN 2060–A100

Withdrawal of Direct Final Rule for

Monitoring, Recordkeeping and

Reporting Requirement Revisions to

the Petroleum Refineries NESHAP

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to an adverse comment,

EPA is withdrawing the direct final rule

for monitoring, recordkeeping and

reporting requirement revisions to the

Petroleum Refineries NESHAP. The EPA

published the direct final rule on March

20, 1998 at 63 FR 13533–13541. As

stated in that Federal Register

document, if significant adverse

comments were received by April 20,

1998, the rule would not become

effective and notice would be published

in the Federal Register. The EPA

subsequently received adverse

comments on that final rule. The EPA

will address the comments received in

a subsequent final action based on a

companion proposed rule (63 FR

13587–13589). The EPA will not

institute a second comment period on

this document.

DATES: The direct final rule published at

63 FR 13533–13541 is withdrawn as of

May 18, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

James Durham, Waste and Chemical

Processes Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina, 27711, telephone

number (919) 541–5672.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule located in the final rules section of

the March 20, 1998 Federal Register

and in the informational document

located in the proposed rule section of

the March 20, 1998 Federal Register.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous air

pollutants, Petroleum refineries,

Reporting and recordkeeping

requirements, Storage vessels.

Dated: May 12, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–13123 Filed 5–15–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–204; RM–9143; RM–

9158]

Radio Broadcasting Services;

McFarland and Coalinga, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots FM

Channel 247A to McFarland, California,

as that community’s second local FM

transmission service in response to a

petition filed on behalf of Kerner

Broadcasting Company (RM–9143).

Additionally, FM Channel 247A is

allotted to Coalinga, California, as that

community’s second local commercial

FM transmission service in response to

a petition filed on behalf of James K.

Zahn (RM–9158). Although the

proposals were mutually-exclusive

initially, the placement of a site

restriction on the Coalinga request

enables Channel 247A to be allotted to

each community consistent with the

technical requirements of the

Commission’s Rules. Coordinates used

for Channel 247A at McFarland,

California, are 35–40–16 and 119–20–

30. Coordinates used for Channel 247A

at Coalinga, California, are 36–12–37

and 120–25–35. With this action, the

proceeding is terminated.

EFFECTIVE DATE: June 15, 1998. A filing

window for Channel 247A at

McFarland, Califorina, and for Channel

247A at Coalinga, California, will not be

opened at this time. Instead, the issue of

opening a filing window for that

channel will be addressed by the

Commission in a subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

application filing process should be

addressed to the Audio Services

Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–204,

adopted April 22, 1998, and released

May 1, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR Part 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by adding Channel 247A at

Coalinga.

3. Section 73.202(b), the Table of FM

Allotments under California, is

amended by adding Channel 247A at

McFarland.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–12906 Filed 5–15–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[FRA Docket No. PB–9, Notice No. 12]

RIN 2130–AB22

Two-Way End-of-Train Telemetry

Devices and Certain Passenger Train

Operations; Correction

AGENCY: Federal Railroad

Administration (FRA), DOT.