Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40373

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. section 801 et seq., as added by

the Small Business Regulatory

Enforcement Fairness Act of 1996,

generally provides that before a rule

may take effect, the agency

promulgating the rule must submit a

rule report, which includes a copy of

the rule, to each House of the Congress

and to the Comptroller General of the

United States. EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

section 804(2).

E. Audit Privilege and Immunity Law

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Colorado’s audit privilege and penalty

immunity law (sections 13–25–126.5,

13–90–107, and 25–1–114.5 Colorado

Revised Statutes (C.R.S.); S.B. 94–139,

effective June 1, 1994) or its impact

upon any approved provision in the

State Plan, including the submittal at

issue here. The action taken herein does

not express or imply any viewpoint on

the question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Colorado’s audit privilege and

immunity law. A State audit privilege

and immunity law can affect only State

enforcement and cannot have any

impact on federal enforcement

authorities. EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

114, 167, 205, 211 or 213, to enforce the

requirements or prohibitions of the State

Plan, independently of any State

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

a State audit privilege or immunity law.

F. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by September 28,

1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review must be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

Dated: July 20, 1998.

William P. Yellowtail,

Regional Administrator, Region VIII.

Part 62, Chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

SUBPART G—[AMENDED]

2. Subpart G is amended by adding an

undesignated center heading and

sections 62.1350, 62.1351 and 62.1352

to read as follows:

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

§ 62.1350 Identification of plan.

‘‘111(d) Plan for Existing Municipal

Solid Waste Landfills Existing in

Colorado’’ and the associated State

regulations in Part A of Colorado

Regulation No. 6, submitted by the State

on April 13, 1998.

§ 62.1351 Identification of sources.

The plan applies to all existing

municipal solid waste landfills for

which construction, reconstruction, or

modification was commenced before

May 30, 1991 that accepted waste at any

time since November 8, 1987 or that

have additional capacity available for

future waste deposition, as described in

40 CFR part 60, subpart Cc.

§ 62.1352 Effective date.

The effective date of the plan for

municipal solid waste landfills is

September 28, 1998.

[FR Doc. 98–20282 Filed 7–28–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–246; RM–9205, RM–

9250]

Radio Broadcasting Services; Walla

Walla and Pullman, WA, and

Hermiston, OR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Mark Jacky Broadcasting,

substitutes Channel 256C2 for Channel

256C3 at Walla Walla, Washington, and

modifies Station KUJ–FM’s license

accordingly. To accommodate the

upgrade, we substitute Channel 263A

for Channel 257A at Hermiston, Oregon,

and modify Station KQFM(FM)’s license

accordingly (RM–9205). See 63 FR 194,

January 5, 1998. At the request of

counterproponent Palouse Country, Inc.,

we also substitute Channel 258C for

Channel 258C1 at Pullman, Washington,

and modify Section KZZL–FM’s license

accordingly (RM–9205). Channel 256C2

can be allotted to Walla Walla in

compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction at Station KUJ–FM’s

requested site. The coordinates for

Channel 256C2 at Walla Walla are North

Latitude 45–59–38 and West Longitude

118–10–47. See Supplementary

Information, infra.

EFFECTIVE DATE: August 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–246,

adopted July 8, 1998, and released July

17,1998. The full text of this

Commission decision is available for

inspection and copying during business

hours in the FCC 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
40374 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

Channel 263A can be allotted at

Hermiston at Station KQFM(FM)’s

presently licensed site. The coordinates

for Channel 263A are North Latitude

45–51–57 and West Longitude 119–18–

45. In addition, Channel 258C can be

allotted to Pullman without the

imposition of a site restriction, at

Station KZZL–FM’s requested site. The

coordinates for Channel 258C are North

Latitude 46–40–29 and West Longitude

116–58–19. Since Pullman is located

within 320 kilometers (200 miles) of the

U.S–Canadian border, Canadian

concurrence has been obtained. With

this action, this proceeding terminated.

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:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read 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 Washington, is

amended by removing Channel 256C3

and adding Channel 256C2 at Walla

Walla; and by removing Channel 258C1

and adding Channel 258C at Pullman.

§ 73.303 [Amended]

3. Section 73.303(b), the Table of FM

Allotments under Oregon, is amended

by removing Channel 257A and adding

Channel 263A at Hermiston.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–19906 Filed 7–28–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 242

[DFARS Case 97–D012]

Defense Federal Acquisition

Regulation Supplement; Contractor

Insurance/Pension Reviews

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise guidance pertaining

to the conduct of Contractor Insurance/

Pension Reviews (CIPRs). The rule

clarifies requirements for conducting a

CIPR, eliminates the requirement to

conduct a CIPR at least every 2 years,

and requires the performance of a

special CIPR under certain

circumstances.

EFFECTIVE DATE: July 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Rick Layser, Defense Acquisition

Regulations Council, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0131; telefax (703)

602–0350. Please cite DFARS Case 97–

D012.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule revises the guidance in

DFARS Subpart 242.73 pertaining to the

conduct of CIPRs. A proposed rule was

published in the Federal Register on

August 20, 1997 (62 FR 44249). Ten

respondents submitted comments on the

proposed rule. All comments were

considered in the development of the

final rule.

B. Regulatory Flexibility Act

The Department of Defense certifies

that this final rule will not have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because the rule applies only to

contractors whose annual qualifying

sales to the Government exceed $40

million, and no small entities are known

to meet this criterion.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the final rule does not

impose any information collection

requirements that require the approval

of the Office of Management and Budget

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 242

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 242 is

amended as follows:

1. The authority citation for 48 CFR

Part 242 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 242—CONTRACT

ADMINISTRATION

2. Sections 242.7301 and 242.7303 are

revised to read as follows:

242.7301 General.

(a) The administrative contracting

officer (ACO) is responsible for

determining the allowability of

insurance/pension costs in Government

contracts. Defense Logistics Agency

(DLA) insurance/pension specialists and

Defense Contract Audit Agency (DCAA)

auditors assist ACOs in making these

determinations by conducting CIPRs.

(1) A CIPR is an in-depth evaluation

of a contractor’s—

(i) Insurance program;

(ii) Pension plans;

(iii) Other deferred compensation

plans; and

(iv) Related policies, procedures,

practices, and costs.

(2) A special CIPR is a joint DLA/

DCAA review that concentrates on

specific areas of the contractor’s

insurance program, pension plan, or

other deferred compensation plan.

(b) DLA is the DoD Executive Agency

for the performance of all CIPRs

conducted under 242.7302.

242.7302 Requirements.

(a)(1) A CIPR shall be conducted only

when—

(i) A contractor has $40 million of

qualifying sales to the Government

during the contractor’s preceding fiscal

year; and

(ii) The ACO, with advice from DLA

insurance/pension specialists and

DCAA auditors, determines a CIPR is

needed based on a risk assessment of

the contractor’s past experience and

current vulnerability.

(2) Qualifying sales are sales for

which cost or pricing data were required

under 10 U.S.C. 2306a, as implemented

in FAR 15.403, or that are contracts

priced on other than a firm-fixed-price

or fixed-price with economic price

adjustment basis. Sales include prime

contracts, subcontracts, and

modifications to such contracts and

subcontracts.

(b) A special CIPR shall be performed

for a contractor (including, but not

limited to, a contractor meeting the

requirements in paragraph (a) of this

section) when any of the following

circumstances exists, but only if the

circumstance(s) may result in a material

impact on Government contract costs:

(1) Information reveals a deficiency in

the contractor’s insurance/pension

program.

(2) The contractor proposes or

implements changes in its insurance,

pension, or deferred compensation

plans.

(3) The contractor is involved in a

merger, acquisition, or divestiture.

(4) The Government needs to follow

up on contractor implementation of

prior CIPR recommendations.