38742 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice to waive the

Nonmanufacturer Rule for Towers,

Telegraph Apparatus, Turbines, Cellular

Handsets and Telephones, Automobile

Motor Vehicles, Motor Trucks, and

Radiotelephones.

SUMMARY: This notice advises the public

that the Small Business Administration

(SBA) is establishing a waiver of the

Nonmanufacturer Rule for Towers,

Telegraph Apparatus, Turbines, Cellular

Handsets and Telephones, Automobile

Motor Vehicles, Motor Trucks, and

Radiotelephones. The basis for a waiver

is that no small business manufacturers

are available to participate in the

Federal market for these products. The

effect of a waiver will allow otherwise

qualified nonmanufacturers to supply

the products of any domestic

manufacturer on a Federal contract setaside for small businesses or awarded

through the SBA 8(a) Program.

EFFECTIVE DATE: July 20, 1998.

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

S.W., Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, (202) 205–6475.

SUPPLEMENTARY INFORMATION: Public

Law 100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. This

requirement is commonly referred to as

the Nonmanufacturer Rule. The SBA

regulations imposing this requirement

are found at 13 CFR 121.406(b). Section

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes of

products, a small business manufacturer

must have submitted a proposal for a

contract solicitation or received a

contract from the Federal Government

within the last 24 months. The SBA

defines ‘‘class of products’’ based on

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for Towers, Telegraph Apparatus,

Turbines, Cellular Handsets and

Telephones, Automobile Motor

Vehicles, Motor Trucks, and

Radiotelephones because of an apparent

lack of any small business

manufacturers or processors for them

within the Federal market. The SBA

searched its Procurement Marketing and

Access Network (PRO-net) for small

business participants and found none.

We then published a notice in the

Federal Register on April 23, 1998 (vol.

63, no. 78, p. 20139), of our intent to

grant a waiver for these classes of

products unless new information was

found. The proposed waiver covered

Towers, Telegraph Apparatus, Turbines,

Cellular Handsets and Telephones,

Automobile Motor Vehicles, Motor

Trucks, and Radiotelephones. The

notice described the legal provisions for

a waiver, how SBA defines the market,

and asked for small business

participants of these classes of products.

After the 15-day comment period, no

small businesses were identified for

Towers, Telegraph Apparatus, Turbines,

Cellular Handsets and Telephones,

Automobile Motor Vehicles, Motor

Trucks, and Radiotelephones. This

waiver is being granted pursuant to

statutory authority under section 303(h)

of Public Law 100–656 for Towers,

Telegraph Apparatus, Turbines, Cellular

Handsets and Telephones, Automobile

Motor Vehicles, Motor Trucks, and

Radiotelephones. The waiver will last

indefinitely but is subject to both an

annual review and a review upon

receipt of information that the

conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 98–19236 Filed 7–17–98; 8:45 am]

BILLING CODE 8025–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–58–AD; Amendment

39–10421; AD 98–07–03]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron, Inc. Model 412

Helicopters and Agusta S.p.A Model

AB 412 Helicopters; Correction

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects a

technical bulletin date in airworthiness

directive (AD) 98–07–03 that was

incorrectly published in the Federal

Register on March 24, 1998 (63 FR

14026). This AD is applicable to Bell

Helicopter Textron, Inc. Model 412

helicopters and Agusta S.p.A Model AB

412 helicopters and requires a

temporary reduction of the never-exceed

velocity (Vne) limitation until an

inspection of the tail rotor yoke (yoke)

assembly for fatigue damage and

installation of a redesigned yoke

flapping stop are accomplished.

Recurring periodic and special

inspections to detect occurrences of

yoke overload are also required.

DATES: Effective April 8, 1998.

The incorporation by reference of

certain publications listed in the

regulations was previously approved by

the Director of the Federal Register as of

April 8, 1998 (63 FR 14026, March 24,

1998).

FOR FURTHER INFORMATION CONTACT: Mr.

Shep Blackman, Aerospace Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5296, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION:

Airworthiness Directive (AD) 98–07–03,

amendment 39–10421, applicable to

Bell Helicopter, Textron, Inc. Model 412

Helicopters and Agusta S.p.A Model AB

412 helicopters was published in the

Federal Register on March 24, 1998 (63

FR 14026). That AD requires a

temporary reduction of the Vne

limitation until an inspection of the

yoke assembly for fatigue damage and

installation of a redesigned yoke

flapping stop are accomplished.

Recurring periodic and special

inspections to detect occurrences of

yoke overload are also required.

As published, the Agusta Technical

Bulletin date given in the

Supplementary Information and in

paragraphs (c)(1) and (g) is incorrect.
Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations 38743

1Final rule [and Statement of Basis and Purpose]

(‘‘SBP’’), 59 FR 25176 (1994) (codified at 16 CFR

Part 305 (1997)). The lamp labeling requirements

became effective May 15, 1995.

2Pub. L. No. 102–486, 106 Stat. 2776, 2817–2832

(Oct. 24, 1992) (codified at 42 U.S.C. 6201, 6291–

6309).

3 42 U.S.C. 6291 et seq.

4Section 305.11(e)(1)(iii), 16 CFR 305.11(e)(1)(iii),

requires that the light output, wattage and life

disclosures for general service incandescent lamps

and medium base compact fluorescent lamps be

measured at 120 volts, regardless of the lamp’s

design voltage. If a lamp’s design voltage is 125

volts or 130 volts, section 305.11(e)(1)(iii) requires

that the disclosures each be followed by the phrase

‘‘at 120 volts.’’ It allows manufacturers and private

labelers of 125 or 130 design voltage lamps to add

disclosures of light output, wattage, and life at the

lamp’s design voltage if those disclosures are each

followed by the phrase ‘‘at (125/130) volts,’’ and if

all panels of the package that contain a claimed

light output, wattage, or life clearly and

conspicuously identify the lamp as ‘‘(125 volt/130

volt).’’ If the disclosures on the principal display

panel of the package are for operation at 125 or 130

volts, and if the disclosures at 120 volts are made

on a separate panel, the principal display panel

must clearly and conspicuously disclose the

following statement: ‘‘This product is designed for

(125/130) volts. When used on the normal line

voltage of 120 volts, the light output and energy

efficiency are noticeably reduced. See (side/back)

panel for 120 volt ratings.’’

Since no other part of the regulatory

information has been changed, the final

rule is not being republished.

The effective date of the AD remains

April 8, 1998.

In rule FR Doc. 98–7414 published on

March 24, 1998 (63 FR 14026), make the

following corrections:

§ 39.13 [Corrected]

(1) On page 14027, in the first column

under Supplementary Information,

change ‘‘December 2, 1996’’ to ‘‘April

17, 1997.’’

(2) On page 14028, in paragraphs

(c)(1), (d), and (g), change ‘‘December 2,

1996’’ to ‘‘April 17, 1997.’’

Issued in Fort Worth, Texas, on July 10,

1998.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–19178 Filed 7–17–98; 8:45 am]

BILLING CODE 4910–13–P

FEDERAL TRADE COMMISSION

16 CFR Part 305

Rule Concerning Disclosures

Regarding Energy Consumption and

Water Use of Certain Home Appliances

and Other Products Required Under

the Energy Policy and Conservation

Act (‘‘Appliance Labeling Rule’’)

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) amends

the package labeling requirements for

lamp products under the Commission’s

Appliance Labeling Rule (‘‘Rule’’) in

response to a petition from Osram

Sylvania, Ltd. (‘‘Petitioner’’). The

Petitioner requests that it be allowed to

distribute to consumers, through

retailers, lamp products without

individual packaging or labeling, where

the bulk shipping cartons include the

disclosures currently required by the

Rule and where retailers display the

lamp products for sale to consumers in

the bulk shipping cartons. The

interpretative amendment the

Commission adopts clarifies that

manufacturers and private labelers of

lamp products that are not packaged for

individual retail sale may meet the

labeling disclosure requirements of the

Rule by making the disclosures on

labeling on the bulk shipping carton,

where the bulk shipping carton is used

to display the lamps for retail sale.

EFFECTIVE DATE: July 20, 1998.

FOR FURTHER INFORMATION CONTACT: Kent

C. Howerton, Attorney, Federal Trade

Commission, Bureau of Consumer

Protection, Division of Enforcement,

Sixth St. and Pennsylvania Ave., NW,

Room S–4302, Washington, D.C. 20580,

(202) 326–3013 (voice), (202) 326–3259

(fax).

SUPPLEMENTARY INFORMATION:

I. Introduction

Petitioner, Osram Sylvania, Ltd., a

manufacturer of lamp products, requests

the Commission’s authorization to

market certain general service nonreflector incandescent light bulbs in

bulk-pack shipping cartons that are

labeled with the disclosures required by

the Rule, instead of packaging and

labeling the light bulbs for individual

retail sale to consumers, where the light

bulbs will be displayed for retail sale in

the bulk-pack shipping cartons, under

specific, limited conditions. The

Petitioner’s request, the Commission’s

analysis, and the interpretative

amendment to the Rule adopted by the

Commission are described below.

II. Overview of Rule’s Labeling

Requirements

On May 13, 1994, the Commission

promulgated labeling requirements for

various types of light bulbs and other

lamp products as amendments to the

Appliance Labeling Rule 1 in response to

amendments the Energy Policy Act of

1992 (‘‘EPACT’’) 2 made to the Energy

Policy and Conservation Act (‘‘EPCA’’).3

As amended, EPCA directed the

Commission to prescribe rules requiring

that the labeling of specific lamp

products indicate conspicuously on the

packaging of the lamps, in a manner

prescribed by the Commission, such

information as the Commission deemed

necessary to enable consumers ‘‘to

select the most energy efficient lamps

which meet their requirements.’’

Congress gave the Commission the

discretion to determine what specific

disclosures were necessary, and where

and how they should be made. The

covered lamp products include: general

service fluorescent lamps, general

service (both non-reflector and reflector)

incandescent lamps, and medium screw

base compact fluorescent lamps.

To provide consumers with the

information they need to select the most

energy efficient lamps that meet their

requirements, the Commission adopted

labeling provisions, under section

305.11(e)(1)(i) of the Rule, 16 CFR

305.11(e)(1)(i), that require that the

principal display panel on package

labels of general service incandescent

light bulbs (both non-reflector and

reflector) and medium screw base

compact fluorescent lamps disclose

clearly and conspicuously light output

(in lumens), energy used (in watts), and

life (in hours).4 The labeling provisions

also mandate that the principal display

panel disclose the number of lamps

included in the package (if more than

one), and the design voltage of each

lamp included in the package (if other

than 120 volts). For multi-filament

incandescent light bulbs, section

305.11(e)(1)(vii), 16 CFR

305.11(e)(1)(vii), requires that the

principal display panel disclose clearly

and conspicuously the bulb’s light

output and energy used at each of the

bulb’s levels of light output, and the

bulb’s life measured on the basis of the

filament that fails first. Section

305.11(e)(1)(ii), 16 CFR 305.11(e)(1)(ii),

specifies how the disclosures must

appear on the label.

Labels for incandescent spot lights,

flood lights, and down lights and for

general service fluorescent lamps must

include a capital letter ‘‘E’’ printed

within a circle and followed by an

asterisk referring to a specific statement

that the encircled ‘‘E’’ means the lamp

meets federal minimum efficiency

standards. The encircled ‘‘E’’ must be

disclosed clearly and conspicuously in

color-contrasting ink, and in a typeface

at least as large as either the

manufacturer’s name or logo or another

logo disclosed on the label, whichever

is larger. If the required statement is not

disclosed on the principal display

panel, the asterisk must be followed by

the statement: ‘‘*See [Back, Top, Side]