41432 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations

information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques. Send comments on the ICR

to EPA at the address provided above,

with a copy to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, 725 17th St.,

NW., Washington, DC 20503, marked

‘‘Attention: Desk Officer for EPA.’’

Please remember to include the ICR

number in any correspondence.

D. Unfunded Mandates Reform Act and

Executive Order 12875

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104-4), EPA has determined

that this action is not subject to the

requirements of sections 202 and 205,

because this action does not contain any

‘‘Federal mandates’’ or impose an

‘‘enforceable duty’’ on any State, local

or Tribal governments or on anyone in

the private sector. In addition, this

action does not contain any regulatory

requirements that might significantly or

uniquely affect small governments.

Therefore, no action is needed under

section 203 of the UMRA and, because

this is not a discretionary act containing

an unfunded mandate, no consultation

is required under Executive Order

12875, Enhancing the Intergovernmental

Partnership (58 FR 58093, October 28,

1993).

E. Executive Order 12898

Pursuant to Executive Order 12898,

entitled Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), the Agency has considered

environmental justice-related issues

with regard to the potential impacts of

this action on the environmental and

health conditions in low-income and

minority communities. This action is

expected to provide some relief to those

minority and low-income populations

impacted by lead-based paint problems,

which are overwhelmingly located in

low-income communities. This action

simply clarifies that States and Tribes

are eligible for Federal grants to develop

programs designed to improve

environmental and health conditions in

their communities.

F. Executive Order 13045

This action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997), because this action is

not an economically significant

regulatory action as defined by

Executive Order 12866 (see Unit VI.A.

above), and this action does not address

the environmental health or safety risk

affecting children. Please note, however,

that children under the age of 6 are the

primary beneficiaries of the Agency’s

overall Lead Program.

G. National Technology Transfer and

Advancement Act

This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Pub. L. 104–113, section

12(d) (15 U.S.C. 272 note).

VII. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 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.

804(2).

List of Subjects in 40 CFR Part 745

Environmental protection, Hazardous

substances, Lead poisoning, Reporting

and recordkeeping requirements.

Dated: July 23, 1998.

Carol M. Browner,

Administrator.

Therefore, 40 CFR part 745 is

amended as follows:

PART 745—[AMENDED]

1. The authority citation for part 745

continues to read as follows:

Authority: 15 U.S.C. 2605, 2607, and

2681-2692.

2. Section 745.330 is revised to read

as follows:

§ 745.330 Grants.

(a) The Administrator may make

grants to States and Indian Tribes, under

section 404(g) of TSCA to develop and,

if authorized, carry out lead-based paint

activities programs to ensure that

individuals employed in lead-based

paint activities are properly trained; that

training programs are accredited; and

that contractors employed in such

activities are certified, pursuant to this

subpart. The Administrator may treat a

tribe as eligible to apply for a TSCA

section 404(g) grant if the tribe:

(1) Is recognized by the Secretary of

Interior.

(2) Has an existing government

exercising substantial governmental

duties and powers.

(3) Has adequate authority to carry out

the grant activities.

(4) Is reasonably expected to be

capable, in the Administrator’s

judgment, of administering the grant

program.

(b) If the Administrator has previously

determined that an Indian tribe has met

the prerequisites in paragraphs (a)(1)

and (a)(2) of this section for another

EPA program, the tribe need provide

only that information unique to the

TSCA section 404(g) grant program

required by paragraphs (a)(3) and (a)(4)

of this section. Grants made under this

section are subject to the requirements

of part 31 of this chapter.

[FR Doc. 98–20777 Filed 8–3–98; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR 101–43

[FPMR Amdt. H–199]

RIN 3090–AG74

Disposal of Excess and Exchange/Sale

Information Technology (IT) Equipment

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is removing

Federal Property Management

Regulations (FPMR) provisions

regarding disposal of information

technology (IT) equipment. These

provisions, initially promulgated in the

Federal Information Resources

Management Regulations (FIRMR), and

later contained in FPMR Temporary

Regulation H–28, were developed at a

time when there was a proliferation of

relatively high dollar value IT

equipment. This regulation is no longer

appropriate in today’s environment,

given the dramatic increase in relatively

low dollar personal computers and

related equipment. Removal of this

regulation means that IT equipment will

now be disposed of under the normal

FPMR provisions for disposal of

personal property.
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations 41433

EFFECTIVE DATE: August 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Martha Caswell, Office of

Governmentwide Policy, GSA,

telephone 202–501–3828.

SUPPLEMENTARY INFORMATION:

A. Temporary Regulation H–28

published at 61 FR 41352, August 8,

1996, and extended by the notice at 62

FR 68217 on December 31, 1997, is

cancelled.

B. In the absence of a known Federal

need, agencies should transfer IT

equipment directly to eligible schools

and nonprofit organizations in

accordance with the provisions of

Executive Order 12999, Educational

Technology: Ensuring Opportunity for

All Children in the Next Century.

Agencies must report such transfers to

GSA as part of the annual Non-Federal

Recipients Report.

C. The General Services

Administration (GSA) has determined

that this rule is not a significant

regulatory action for the purposes of

Executive Order 12866 of September 30,

1993.

D. Regulatory Flexibility Act

This rule is not required to be

published in the Federal Register for

public comment. Therefore, the

Regulatory Flexibility Act does not

apply.

E. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed

revisions do not impose recordkeeping

or information collection requirements,

or the collection of information from

offerors, contractors, or members of the

public which require the approval of

OMB under 44 U.S.C. 3501–3520. This

rule also is exempt from Congressional

review prescribed under 5 U.S.C. 801

since it relates solely to agency

management and personnel.

List of Subjects in 41 CFR Part 101–43

Archives and records, Computer

technology, Information technology,

Government procurement, Property

management, Records Management, and

Telecommunications.

Therefore, as set forth in the preamble

41 CFR part 101–43 is amended as

follows:

PART 101–43—UTILIZATION OF

PERSONAL PROPERTY

1. The authority citation for part 101–

43 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; (40

U.S.C. 486(c)).

2. Section 101–43.000 is revised to

read as follows:

§ 101–43.000 Scope of part

This part prescribes the policies and

methods governing the economic and

efficient utilization of personal property

located within and outside the United

States, the District of Columbia, the

Commonwealth of Puerto Rico,

American Samoa, Guam, the

Commonwealth of the Northern Mariana

Islands, the Trust Territory of the Pacific

Islands, and the Virgin Islands.

Additional guidelines regarding

reutilization of hazardous materials are

prescribed in part 101–42.

§§ 101–43.600–101–43.603 (Subpart 101–

43.6)—[Reserved]

3. Subpart 101–43.6 consisting of

§§ 101–43.600 through 101–43.603, is

removed and reserved.

Subpart 101–43.48—Exhibits

4. Section 101–43.4801 is amended by

removing paragraph (c), redesignating

paragraphs (d) and (e) as paragraphs (c)

and (d) respectively, and by adding in

numerical order in the redesignated

paragraph (c) table, the following entry:

§ 101–43.4801 Excess personal property reporting requirements.

* * * * * * *

70 .............. All .............................................................. Information technology equipment.

* * * * * * *

Dated: July 7, 1998.

David J. Barram,

Administrator of General Services.

[FR Doc. 98–20693 Filed 8–3–98; 8:45 am]

BILLING CODE 6820–24–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CC Docket No. 96–238; FCC 98–154]

Procedures to Be Followed When

Formal Complaints are Filed Against

Common Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission adopted a

Second Report and Order that created

an Accelerated Docket that provides for

a decision, within 60 days, of formal

complaint proceedings that are accepted

onto the Accelerated Docket. The

Accelerated Docket will stimulate the

growth of competition for

telecommunications services by

ensuring the prompt resolution of

disputes that may arise between market

participants as well as allow for the

prompt disposal of complaints that are

without substantial merit.

DATES: Effective October 5, 1998, except

for §§ 1.115, 1.721, 1.724, 1.726, 1.729,

1.730 and 1.733, which contain

information collection requirements that

are not effective until approved by the

Office of Management and Budget. The

FCC will publish a document in the

Federal Register announcing the

effective date for those sections. Written

comments by the public on the

information collections are due

September 3, 1998.

FOR FURTHER INFORMATION CONTACT:

Dorothy Attwood or Frank Lamancusa

(202) 418–0700. For additional

information concerning the information

collections contained in this Report and

Order contact Judy Boley at 202–418–

0214, or via the Internet at

jboley@fcc.gov. Direct all comments on

the information collections to Timothy

Fain, Office of Management and Budget,

Room 10236 NEOB, Washington, DC

20503, (202) 395–3561 or via internet at

fain—t@al.eop.gov, and Judy Boley,

Federal Communications Commission,

Room 234, 1919 M Street, NW,