25778 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations

‘‘Taxpayer Relief Act of 1997.’’ Section

904(a) of this Act provides that the

excise tax on all covered vaccines under

the VICP is 75 cents per dose and that

combinations of vaccines are subject to

an excise tax which is the sum of the

amounts for each vaccine included in

the combination. The amendments of

the Taxpayer Relief Act also make

effective the coverage of three new

vaccines under the VICP—hepatitis B,

Hib, and varicella vaccines.

On October 9, 1997, a Notice was

published in the Federal Register (62

FR 52724) announcing the excise tax for

these vaccines and that petitions for

compensation for injuries or deaths

related to hepatitis B, Hib, and varicella

vaccines (items VIII, IX, X, and XI of the

Table) may now be filed under the

VICP. In accordance with section

2116(b) of the PHS Act, for injuries or

deaths that occurred before August 6,

1997, for these three vaccines, petitions

may be filed no later than August 6,

1999, provided that the injury or death

occurred no earlier than August 6, 1989.

In accordance with section 904(b) of

the Taxpayer Relief Act of 1997 which

provides for an excise tax for these three

new vaccines, this final rule (technical

amendment) amends the CFR to include

a date certain (August 6, 1997) in

§ 100.3(c) of the regulations for the

coverage of these three new vaccines.

Paragraph (c)(3) provides for inclusion

of other new vaccines, as they may be

added in the future under item XII of

the Table.

Justification for Omitting Notice of

Proposed Rulemaking

Since these amendments are of a

technical nature, the Secretary has

determined, pursuant to 5 U.S.C. 553

and departmental policy, that it is

unnecessary and impractical to follow

proposed rulemaking procedures or to

delay the effective date of this final rule.

Economic Impact

Executive Order 12866 directs

agencies to assess all costs and benefits

of available regulatory alternatives and,

when rulemaking is necessary, to select

regulatory approaches that maximize

net benefits (including potential

economic, environmental, public health,

safety distributive and equity effects). In

addition, under the Regulatory

Flexibility Act, if a rule has a significant

economic effect on a substantial number

of small entities, the Secretary must

specifically consider the economic

effect of a rule on small entities and

analyze regulatory options that could

lessen the impact of the rule.

Executive Order 12866 requires that

all regulations reflect consideration of

alternatives, costs, benefits, incentives,

equity, and available information.

Regulations that are ‘‘significant’’

because of cost, adverse effects on the

economy, inconsistency with other

agency actions, effects on the budget, or

novel legal or policy issues, require

special analysis.

The Department has determined that

no resources are required to implement

the requirements in this regulation.

Therefore, in accordance with the

Regulatory Flexibility Act of 1980

(RFA), and the Small Business

Regulatory Enforcement Act of 1996,

which amended the RFA, the Secretary

certifies that these regulations will not

have a significant impact on a

substantial number of small entities.

The Secretary has also determined that

this final rule does not meet the criteria

for a major rule as defined by Executive

Order 12866. This technical amendment

sets forth the effective date provision of

coverage of certain vaccines to the

Vaccine Injury Table. As such, this rule

would have no major effect on the

economy or on Federal or State

expenditures.

Paperwork Reduction Act of 1995

This Final rule has no information

collection requirements.

List of Subjects in 42 CFR Part 100

Biologics, Health insurance,

Immunization.

Approved: April 28, 1998.

Claude Earl Fox,

Acting Administrator, Health Resources and

Services Administration.

Accordingly, 42 CFR part 100 is

amended as set forth below:

PART 100—VACCINE INJURY

COMPENSATION

1. The authority citation for 42 CFR

part 100 is revised to read as follows:

Authority: Sec. 215 of the Public Health

Service Act (42 U.S.C. 216); sec. 2115 of the

PHS Act, 100 Stat. 3767, as revised (42 U.S.C.

300aa–15); § 100.3, Vaccine Injury Table,

issued under secs. 312 and 313 of Pub. L. 99–

660, 100 Stat. 3779–3782 (42 U.S.C. 300aa–

1 note) and sec. 2114(c) and (e) of the PHS

Act, 100 Stat. 3766 and 107 Stat. 645 (42

U.S.C. 300aa–14(c) and (e); and sec. 904(b) of

Pub. L. 105–34, 111 Stat. 873).

2. Section 100.3(c) is amended by

revising its title, by adding ‘‘or (3)’’ in

the first sentence of paragraph (c)(1)

after the words ‘‘paragraph (c)(2)’’, by

revising paragraph (c)(2), and by adding

a new paragraph (c)(3) to read as

follows:

§ 100.3 Vaccine injury table.

* * * * *

(c) Coverage provisions. * * *

(c)(2) Hepatitis B, Hib, and varicella

vaccines (Items VIII, IX, X, and XI of the

Table) are included in the Table as of

August 6, 1997.

(c)(3) Other new vaccines (Item XII of

the Table) will be included in the Table

as of the effective date of a tax enacted

to provide funds for compensation paid

with respect to such vaccines. An

amendment to this section will be

published in the Federal Register to

announce the effective date of such a

tax.

[FR Doc. 98–12389 Filed 5–8–98; 8:45 am]

BILLING CODE 4160–15–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part O

[GC Docket No. 97–143; FCC 97–332]

Implementation of the Electronic

Freedom of Information Act

Amendments of 1996; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission (FCC) published in the

Federal Register of October 3, 1997, a

document amending its Freedom of

Information Act (FOIA) regulations to

implement the Electronic Freedom of

Information Act Amendments of 1996

(EFOIA). Inadvertently, in § 0.461

paragraphs (i)(2) through (i)(5) were

deleted from the rules. This document

restores those rules.

EFFECTIVE DATE: May 11, 1998.

FOR FURTHER INFORMATION CONTACT:

Laurence H. Schecker, Office of General

Counsel, (202) 418–1720.

SUPPLEMENTARY INFORMATION: The FCC

published a document in the Federal

Register of October 3, 1997 (62 FR

51795), amending its FOIA regulations

to conform to the EFOIA. In FR Doc. 97–

26205, published in the Federal

Register of October 3, 1997, in § 0.461

paragraphs (i)(2) through (i)(5) were

inadvertently deleted from the

regulations. This correction restores

those rules.

In rule FR Doc. 97–26205 published

on October 3, 1997, (62 FR 51795) make

the following corrections.

1. On page 51797, in the second

column, revise amendatory instruction

7. to read as follows: ‘‘Section 0.461 is

amended by redesignating paragraph (a)

as paragraph (a)(1) and adding

paragraph (a)(2), revising paragraphs
Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations 25779

(d)(1) and (d)(3), paragraph (g)

introductory text, paragraph (g)(3) and

the concluding text of paragraph (g),

redesignating paragraphs (h)(1) through

(h)(5) and (i) as paragraphs (i)(1)

through (i)(5) and (j), revising newly

designated paragraphs (i)(1) and (j),

adding new paragraph (h), and revising

paragraph (k) introductory text and

paragraph (k)(3) to read as follows:’’

2. On page 51798, in the first column,

second line from the bottom, insert the

designation ‘‘(1)’’ after the

designation‘‘(i)’’ and before the word

‘‘If’’.

3. On page 51798, in the second

column, insert 5 asterisks in a line

following paragraph (i)(1) and

proceeding paragraph (j).

Magalie Roman Salas,

Secretary.

[FR Doc. 98–12411 Filed 5–8–98; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF ENERGY

48 CFR Part 970

RIN 1991–AB43

Acquisition Regulation: Limitation on

Allowability of Compensation for

Certain Contractor Personnel

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) amends its Acquisition

Regulation to incorporate the statutory

provisions contained in Section 808 of

the National Defense Authorization Act

for Fiscal Year 1998 (Pub. L. 105–85).

Section 808 establishes a cap on

allowable compensation costs for

certain officers of Department of

Defense and civilian agency contractors

which applies to costs of compensation

incurred after January 1, 1998 for

executive compensation.

DATES: This rule is effective on May 11,

1998.

ADDRESSES: Terrence D. Sheppard,

Office of Policy (HR–51), Office of

Procurement and Assistance Policy,

Department of Energy, 1000

Independence Avenue S.W.,

Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Terrence D. Sheppard (202) 586–8193;

e-mail terry.sheppard@hq.doe.gov; fax

(202) 586–0545.

SUPPLEMENTARY INFORMATION:

I. Background

II. Section by Section Analysis

III. Procedural Requirements

A. Review Under Executive Order 12866

B. Review Under Executive Order 12988

C. Review Under the Paperwork Reduction

Act

D. Review Under the National

Environmental Policy Act

E. Review Under Executive Order 12612

F. Review Under Small Business

Regulatory Enforcement Fairness Act of

1996

G. Review Under the Unfunded Mandates

Reform Act of 1995

I. Background

This notice amends the Department of

Energy Acquisition Regulation (DEAR)

based on provisions contained in

Section 808 of the National Defense

Authorization Act for Fiscal Year 1998

(Pub. L. 105–85). Section 808

establishes a cap on allowable

compensation costs for certain officers

of Department of Defense and civilian

agency contractors which applies to

costs of compensation incurred after

January 1, 1998, under covered

contracts entered into before, on, or after

the date of enactment of the Act. Section

808 states that costs of compensation of

senior executives of contractors for a

fiscal year, regardless of the contract

funding source, to the extent that such

compensation exceeds the benchmark

compensation amount determined

applicable for the fiscal year by the

Administrator for Federal Procurement

Policy, are unallowable.

Further, for purposes of section

2324(e)(1)(P) of title 10, United States

Code, and section 306(e)(1)(P) of the

Federal Property and Administrative

Services Act of 1949 (41 U.S.C.

256(e)(1)(P)), the Administrator shall

review commercially available surveys

of executive compensation and, on the

basis of the results of the review,

determine a benchmark compensation

amount to apply for each fiscal year. In

making determinations under this

subsection the Administrator shall

consult with the Director of the Defense

Contract Audit Agency and such other

officials of executive agencies as the

Administrator considers appropriate.

The benchmark compensation amount

applicable for a fiscal year is the median

amount of the compensation provided

for all senior executives of all

benchmark corporations for the most

recent year for which data is available

at the time the determination under

subsection (a) is made.

The term ‘‘compensation’’, for a fiscal

year, means the total amount of wages,

salary, bonuses and deferred

compensation for the fiscal year,

whether paid, earned, or otherwise

accruing, as recorded in an employer’s

cost accounting records for the fiscal

year.

The term ‘‘senior executive’’, with

respect to a corporation, means the chief

executive officer of the corporation or

any individual acting in a similar

capacity for the corporation; the four

most highly compensated employees in

management positions of the

corporation other than the chief

executive officer; and in the case of a

corporation that has components which

report directly to the corporate

headquarters, the five most highly

compensated individuals in

management positions at each such

component.

The term ‘‘benchmark corporation’’,

with respect to a fiscal year, means a

publicly-owned United States

corporation that has annual sales in

excess of $50,000,000 for the fiscal year.

The term ‘‘publicly-owned United

States corporation’’ means a corporation

organized under the laws of a State of

the United States, the District of

Columbia, the Commonwealth of Puerto

Rico, or a possession of the United

States and the voting stock of which is

publicly traded.

The term ‘‘fiscal year’’ means a fiscal

year established by a contractor for

accounting purposes.

II. Section by Section Analysis

1. The authority for Part 970 is

restated.

2. Section 970.3102–2, Compensation

for personnel services, is revised by

adding a new paragraph (q) which

addresses the statutory compensation

limits.

3. Section 970.5204–13(d)(8) is

revised by adding a new paragraph (viii)

which addresses the statutory

compensation limits.

4. Section 970.5204–14(d)(8) is

revised by adding a new paragraph (viii)

which addresses the statutory

compensation limits.

III. Procedural Requirements

A. Review Under Executive Order 12866

Today’s 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 the Office of

Management and Budget (OMB).

B. 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