Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations 29941

(3) The design and production of

packaging, labeling or origin

identification, except as described in

paragraph (b)(11) of this section.

* * * * *

(h) * * *

(3) All expenditures were made for

the activity within 6 months following

the end of the activity plan year.

6. Section 1485.20 is amended by

revising paragraph (a)(3)(vi) to read as

follows:

§ 1485.20 Financial management, reports,

evaluations and appeals.

(a) * * *

(3) * * *

(vi) Documentation with

accompanying English translation

supporting each reimbursement claim,

including original evidence to support

the financial transactions such as

canceled checks, receipted paid bills,

contracts or purchase orders, per diem

calculations, travel vouchers, and credit

memos; and

* * * * *

7. Section 1485.21 is revised to read

as follows:

§ 1485.21 Failure to make required

contribution.

An MAP participant’s contribution

requirement will be specified in the

MAP allocation letter and the activity

plan approval letter. The amount

specified will be the amount of

contribution to be furnished by the

applicant and other sources as directed

in the participant’s application. The

MAP participants shall pay CCC in

dollars the difference between the

amount actually contributed and the

amount specified in the allocation

approval letter. An MAP participant

shall remit such payment within 90

days after the end of its activity plan

year.

Signed at Washington, DC, on May 11,

1998.

Lon Hatamiya,

Adminstrator, Foreign Agricultural Service

and Vice President, Commodity Credit

Corporation.

[FR Doc. 98–14522 Filed 6–1–98; 8:45 am]

BILLING CODE 3410–01–M

DEPARTMENT OF ENERGY

10 CFR Part 600

RIN 1991–AB4I

Assistance Regulations: Technical

Amendment

AGENCY: Department of Energy (DOE).

ACTION: Final rule; Technical

amendment.

SUMMARY: The Department of Energy is

amending the Department of Energy

Assistance Regulations, 10 CFR Part

600, to remove provisions dealing with

the audit of State and local government

recipients of financial assistance that

were rendered obsolete by a common

rule published on August 29, 1997 (62

FR 45937). The common rule, which

DOE incorporated through an

amendment to Part 600, implements the

Single Audit Act Amendments of 1996

and subsequent revisions to the Office

of Management and Budget (OMB)

Circular A–133, ‘‘Audits of States, Local

Governments, and Non-Profit

Organizations.’’

EFFECTIVE DATE: This final rule will be

effective June 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Richard Langston, Department of

Energy, Office of Procurement and

Assistance Policy, HR–51, 1000

Independence Ave. SW., Washington,

D.C. 20585–0705, (202) 586–8247.

SUPPLEMENTARY INFORMATION:

I. Explanation of Revisions.

II. Procedural Requirements.

A. Review Under Executive Order 12612.

B. Review Under Executive Order 12866.

C. Review Under Executive Order 12988.

D. Review Under the National

Environmental Policy Act.

E. Review Under the Paperwork Reduction

Act.

F. Review Under the Regulatory Flexibility

Act.

G. Review Under the Small Business

Regulatory Enforcement Fairness Act.

H. Review Under the Unfunded Mandates

Act.

I. Explanation of Revisions

The Department of Energy Assistance

Regulations, 10 CFR part 600, Subpart

E—Audits of State and Local

Governments, implemented the Single

Audit Act of 1984 and OMB Circular A–

128, Single Audits of State and Local

Governments. The Single Audit Act

Amendments of 1996 (Pub. L. 104–156,

110 Stat. 1396) and the June 24, 1997,

revision of OMB Circular A–133,

‘‘Audits of States, Local Governments,

and Non-Profit Organizations,’’ (62 FR

35278), required agencies to adopt the

standards in revised Circular A–133 by

August 29, 1997, so that they would

apply to audits of fiscal years beginning

after June 30, 1996. Agencies, including

DOE, promulgated a common rule on

August 29, 1997 (62 FR 45937) to codify

the new requirements. DOE

accomplished this, for state and local

governments, by amending 10 CFR

600.226 (Subpart C—Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments). As a

consequence of these changes, existing

Subpart E was rendered obsolete. This

final rule removes 10 CFR part 600,

Subpart E, from the Code of Federal

Regulations.

II. Procedural Requirements

A. Review Under Executive Order 12612

Executive Order 12612, entitled

‘‘Federalism,’’ 52 FR 41685 (October

30,1987), requires that regulations,

rules, legislation, and any other policy

actions be reviewed for any substantial

direct effects on States, on the

relationship between the Federal

Government and the States, or in the

distribution of power and

responsibilities among various levels of

government. If there are sufficient

substantial direct effects, then the

Executive Order requires preparation of

a federalism assessment to be used in all

decisions involved in promulgating and

implementing a policy action. DOE has

determined that this rule will not have

a substantial direct effect on the

institutional interests or traditional

functions of States.

B. Review Under Executive Order 12866

This regulatory action has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ 58 FR 51735 (October 4,1993).

Accordingly, this action was not subject

to review, under that Executive Order,

by the Office of Information and

Regulatory Affairs of OMB.

C. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7,1996),

imposes on Executive agencies the

general duty to adhere to the following

requirements: (1) eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by section 3(a),

section 3(b) of Executive Order 12988

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing Federal law or regulation; (3)

provides a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)
29942 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3(c) of Executive Order 12988 requires

Executive agencies to review regulations

in right of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met or it is

unreasonable to meet one or more of

them. DOE has completed the required

review and determined that, to the

extent permitted by law, the regulations

meet the relevant standards of Executive

Order 12988.

D. Review Under the National

Environmental Policy Act

Pursuant to the Council on

Environmental Quality Regulations (40

CFR 1500–1508), the Department has

established guidelines for its

compliance with the provisions of the

National Environmental Policy Act

(NEPA) of 1969 (42 U.S.C. 4321, et seq.).

Pursuant to Appendix A of Subpart D of

10 CFR 1021, National Environmental

Policy Act Implementing Procedures

(Categorical Exclusion A6), DOE has

determined that this rule is categorically

excluded from the need to prepare an

environmental impact statement or

environmental assessment because it is

strictly procedural.

E. Review Under the Paperwork

Reduction Act

No new information collection or

record keeping requirements are

imposed by this rule. Accordingly, no

OMB clearance is required under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501, et seq.).

F. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601, et seq., directs agencies to

prepare a regulatory flexibility analysis

whenever an agency is required to

publish a general notice of proposed

rulemaking for a rule. The Department

is not required to publish a general

notice of proposed rulemaking for this

technical amendment of 10 CFR Part

600, which is a matter relating to

financial assistance or grants, 5 U.S.C.

553(a)(2). Therefore, DOE has not

prepared a regulatory flexibility analysis

for this final rule.

G. Review Under Small Business

Regulatory Enforcement Fairness Act of

1996

As required by 5 U.S.C. 801, DOE will

report to Congress promulgation of the

rule prior to its effective date. The

report will state that it has been

determined that the rule is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(3).

H. Review Under the Unfunded

Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) generally

requires a Federal agency to perform a

detailed assessment of costs and

benefits of any rule imposing a Federal

mandate with costs to State, local or

tribal governments, or to the private

sector, of $100 million or more. The

Department has determined that this

rulemaking does not impose a Federal

mandate on State, local, or tribal

governments or on the private sector.

List of Subjects in 10 CFR Part 600

Accounting, Administrative practice

and procedure, Grant programs, Loan

programs, Penalties, Reporting and

recordkeeping requirements.

Issued in Washington, D.C. on May 27,

1998.

Richard H. Hopf,

Deputy Assistant Secretary for Procurement

and Assistance Management.

For the reasons set forth in the

preamble, Part 600 of Title 10 of the

Code of Federal Regulations, is

amended as set forth below.

PART 600—[AMENDED]

1. The authority citation for part 600

continues to read as follows:

Authority: 42 U.S.C. 7254, 7256, 13525; 31

U.S.C. 6301–6308, unless otherwise noted.

Subpart E—Audits of State and Local

Governments

Subpart E—[Removed and Reserved]

2. Subpart E, consisting of Sections

600.400 through 600.417, is removed

and reserved.

[FR Doc. 98–14530 Filed 6–1–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ANM–17]

Establishment of Class E Airspace;

Stevensville, MT

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E Airspace at Stevensville, MT. The

establishment of Class E airspace is

necessary for the development of a new

Standard Instrument Approach

Procedure (SIAP) utilizing the Global

Positioning System (GPS) at the

Stevensville Airport, Stevensville, MT.

Controlled airspace extending upward

from 700 feet above ground level (AGL)

is needed to accommodate this SIAP

and for Instrument Flight Rules (IFR)

operations to the airport. The area

would be depicted on aeronautical

charts for pilot reference.

EFFECTIVE DATE: 0901 UTC, August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Dennis Ripley, ANM–520.6, Federal

Aviation Administration, Docket No.

97–ANM–17, 1601 Lind Avenue S.W.,

Renton, Washington, 98055–4056;

telephone number: (425) 227–2527.

SUPPLEMENTARY INFORMATION:

History

On February 25, 1998, the FAA

proposed to amend Title 14, Code of

Federal Regulations, part 71 (14 CFR

part 71) by establishing the Stevensville,

MT, Class E airspace area (63 FR 9461).

The proposal provided the airspace

necessary to encompass a GPS SIAP for

the Stevensville Airport, Stevensville,

MT. Interested parties were invited to

participate in the rulemaking

proceeding by submitting written

comments on the proposal. No

comments were received.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

The Rule

This amendment to 14 CFR part 71

establishes Class E airspace at

Stevensville, MT. This rule provides the

airspace necessary to fully encompass

the transitions for the GPS–A SIAP to

the Stevensville, Airport, Stevensville,

MT. This is accomplished by

establishing a 700-foot Class E area

around the airport, with an extension to

the northwest and an extension to the

southeast. The establishment of this

airspace is necessary to meet criteria for

aircraft transitioning between the

terminal and en route environments.

The intended effect of this rule is

designed to provide safe and efficient

use of the navigable airspace and to