67328 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

increase under the final rule will raise

the total amount of fees assessed

annually by less than $1,000. In view of

the small increase in anticipated costs,

the PBGC certifies that the Regulatory

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

does not apply because the rule will not

have a significant economic impact on

a substantial number of small entities.

List of Subjects in 29 CFR Part 2607

Privacy.

For the reasons set forth above, the

PBGC is amending 29 CFR Part 2607 as

follows:

PART 2607—DISCLOSURE AND

AMENDMENT OF RECORDS UNDER

THE PRIVACY ACT

1. The authority citation for Part 2607

continues to read as follows:

Authority: 5 U.S.C. 552a.

2. Paragraph (a) of § 2607.1 is

amended by removing ‘‘which’’ and

adding, in its place, ‘‘that’’ and by

adding ‘‘or her’’ after ‘‘his’’ in the first

sentence.

3. In § 2607.2, is amended by adding

‘‘or her’’ after ‘‘his’’ both times it

appears.

4. Sections 2607.3 (a) and (c), 2607.4

(a) and (c), 2607.5(a), 2607.6(c), 2607.7

(b) and (c), and 2607.8 (b) and (c) and

the introductory text of § 2607.9 are

amended by adding ‘‘or her’’ after ‘‘his’’

and after ‘‘him’’ each time either ‘‘his’’

or ‘‘him’’ appears.

5. The second sentence of § 2607.3(b),

the second sentence of § 2607.4(b), and

the third sentence of § 2607.6(b) are

amended by removing ‘‘he’’ and adding,

in its place, ‘‘the disclosure officer’’.

6. Paragraph (d) of § 2607.4 is

amended by adding ‘‘or she’’ after ‘‘he’’.

7. Paragraph (b) of § 2607.5 is

amended by removing ‘‘his choosing’’

and adding, in its place, ‘‘his or her

choosing’’; by removing ‘‘he shall’’ and

adding, in its place, ‘‘the requestor

shall’’; by removing ‘‘he wishes’’ and

adding, in its place, ‘‘he or she wishes’’;

by removing ‘‘accompany him’’ and

adding, in its place ‘‘accompany him or

her’’; by removing ‘‘his record’’ and

adding, in its place, ‘‘the record’’; and

by removing ‘‘to him’’ and adding, in its

place, ‘‘to him or her’’.

8. Paragraph (d) of § 2607.8 is

amended by removing ‘‘If an individual

requests’’ and adding, in its place, ‘‘To

request’’; by removing ‘‘review, he’’ and

adding, in its place, ‘‘review, an

individual’’; and by removing ‘‘Counsel

and he’’ and adding, in its place,

‘‘Counsel, who’’.

9. Paragraph (a) of § 2607.9 is

amended by removing ‘‘$0.10’’ and

adding, in its place, ‘‘$0.15’’ in the first

sentence and by removing ‘‘$1.00’’ and

adding, in its place, ‘‘$1.50’’ in the

second sentence.

10. In § 2607.10, the first paragraph is

amended by adding ‘‘Security

Investigation’’ after ‘‘Personnel’’ and by

removing ‘‘that the identity of the

source would be held in confidence’’

both times it appears and adding, in its

place, ‘‘of confidentiality’’; and the

second paragraph is amended by

removing ‘‘for employment’’ and

adding, in its place, ‘‘and fitness for

PBGC employment, access to

information, and security clearances’’

and by adding ‘‘the’’ before ‘‘PBGC’’.

Issued in Washington, DC this 26th day of

December 1995.

Martin Slate,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 95–31526 Filed 12–28–95; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 169a

[DoD Instruction 4100.33]

Commercial Activities Program

Procedures

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Final rule.

SUMMARY: This part removes the

requirement to place every DoD

employee in a comparable position prior

to converting a function with 10 full

time equivalents or less to contract, sets

maximum study times for cost

comparisons, removes the requirement

to make congressional reports only

when Congress is in session, and makes

minor administrative corrections. it also

establishes procedures and criteria for

use by DoD Components to determine

whether DoD commercial activities

should be performed by DoD personnel

in-house or by contract with commercial

sources.

EFFECTIVE DATE: June 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Earl DeHart, Program Manager, 400

Army/Navy Drive, Suite 206, Arlington,

Virginia 22202–2884.

SUPPLEMENTARY INFORMATION: On

January 4, 1995, the Department of

Defense published a proposed

amendment to 32 CFR part 169a in the

Federal Register (60 FR 417) bringing

DoD guidance on commercial activities

up-to-date. No comments were received

from the private sector. Some changes

were recommended by DoD

Components and most were

incorporated. It has been certified that

this final rule is not a significant

regulatory action. The rule does not:

(1) Have an annual effect on the

economy of $100 million or more

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities; planned by another

agency;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or

(3) Materially alter the budgetary

impact of entitlements grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Further, it has been certified that this

rule is not subject to the Regulatory

Flexibility Act (5 U.S.C. 601) because

the Services and Department agencies

administering the rule will show a

reduction in administrative costs and

other burdens resulting from the

simplification and clarification of direct

conversion policies when this proposed

rule is issued as a final rule. Finally, it

has been certified that this proposed

rule does not impose any additional

reporting or record keeping

requirements prohibited under the

Paperwork Reduction Act of 1980.

List of Subjects in 32 CFR Part 169a

Armed forces, Government

procurement.

Accordingly, 32 CFR Part 169a is

amended as follows:

PART 169A—COMMERCIAL

ACTIVITIES PROGRAM PROCEDURES

1. The authority citation for Part 169a

continues to read as follows:

Authority: 5 U.S.C. 301 and 552.

2. Subpart B—Procedures is amended

by adding a § 169a.19 to read as follows:

Subpart B—Procedures—[Amended]

§ 169a.19 Study limits.

No DoD funds shall be available to

perform any cost study pursuant to the

provisions of OMB Circular A–76 if the

study being performed exceeds a period

of 24 months after initiation of such

study with respect to a single function

activity or 48 months after initiation of

such study for a multi-function activity.

3. Section 169a.21 is amended in

paragraph (a) by removing ‘‘DD–P&L
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67329

1540’’ and adding in its place ‘‘DD–

A&T(A) 1540’’, paragraph (b) by

removing ‘‘DD–P&L 1542’’ and adding

in its place ‘‘DD–A&T(Q) 1542’’,

paragraph (c)(3) and the first sentence in

paragraph (c)(5) by removing ‘‘when in

session’’, paragraph (c)(3) by removing

‘‘ASD(P&L)’’ adding in its place

‘‘ASD(ES)’’; by revising paragraph (c)

introductory text; and by adding a

sentence at the end of paragraph (c)(2)

to read as follows:

§ 169a.21 Reporting requirements.

* * * * *

(c) Congressional Data Reports on CA

(Report Control Symbol DD–

A&T(A&AR) 1949) and Reports on

savings on Costs from Increased Use of

DoD Civilian Personnel (Report Control

Symbol DD–A&T(AR) 1950). To insure

consistent application of the

requirements stated in 10 U.S.C. 2461

and 2463, the following guidance is

provided:

(2) * * * 10 U.S.C. 2463 applies to

conversions from contract to in-house

involving 50 or more contractor

employees.

* * * * *

4. Appendix B to Part 169a is

amended by revising sections A.1. and

A.2., by removing section A.3. and

redesignating sections A.4. and A.5. as

A.3. and A.4., respectively, and in

newly redesignated A.4. is by removing

the word ‘‘or’’ the second time it

appears and adding in its place ‘‘of.’’

Appendix B to Part 169a—[Amended]

Appendix B to Part 169a—Commercial

Activities Inventory Report and FiveYear Review Schedule

* * * * *

A. * * *

1. Forward your inventory report

before January 1 to the Director,

Installations Management, 400 Army

Navy Drive, Room 206, Arlington, VA

22202–2884. Use Report Control Symbol

‘‘DD–A&T(A) 1540’’ as your authority to

collect this data.

2. Transmit by use of floppy diskette.

Data files must be in American Standard

Code Information Interchange text file

format on a MicroSoft-Disk Operating

System formatted 3.5 inch floppy

diskette. Provide submissions in the

Defense Utility Energy Reporting

System format as specified below.

* * * * *

5. Appendix C to Part 169a is

amended in sections C.6. and C.7.a.(4)

by removing ‘‘room 3E787’’ and adding

in its place ‘‘room 3E813’’; section C.8.

removing ‘‘Public Law 102–172’’ and

adding in its place ‘‘Public Law 103–

139’’; by revising section B.4. adding

section B.5. and a heading to section

C.8. to read as follows:

Appendix C to Part 169a—[Amended]

Appendix C to Part 169a—Simplified

Cost Comparison and Direct Conversion

of CAs

* * * * *

B. * * *

4. The installation commander should

attempt to place or retrain displaced

DoD civilian employees by

a. Placing or retraining employees in

available permanent vacant positions, or

b. Assigning displaced employees to

valid temporary or over-hire positions

in similar activities for gainful

employment until permanent vacancies

are available. The type of employee

appointment (e.g., career, careerconditional, etc., or change from

competitive to excepted service or vice

versa) must not change, or

c. Where no vacancies exist or are

projected, offer employees retraining

opportunities under the Job Training

Partnership Act or similar retraining

programs for transitioning into the

private sector.

5. The function to be directly

converted does not include any DoD

civilian positions that were as a result

of DoD Component streamlining plans

and/or were removed with buyout offers

that satisfied Section 5 of the Federal

Workforce Restructuring Act

requirements.

C. * * *

8. Most Efficient and Cost-Effective

Analysis for Contractor Performance of

an Activity (Report Control Symbol DD–

A&T(AR) 1951.* * *

6. Appendix D to Part 169a is

amended by revising the second

paragraph of the introductory text, by

revising DoD Component code ‘‘Y’’

under the heading CAMIS ENTRY AND

UPDATE INSTRUCTIONS, Part I,

Section One, item [3] and by adding two

new entries at the end of that item [3];

by revising items [4] and [5] under the

heading CAMIS ENTRY AND UPDATE

INSTRUCTIONS, Part I, Section One; by

revising DoD Component code ‘‘Y’’

under the heading CAMIS ENTRY AND

UPDATE INSTRUCTIONS, Part II,

Section One, item [3] and by adding two

new entries at the end of that item [3];

and by revising items [4] and [5] under

the heading CAMIS ENTRY AND

UPDATE INSTRUCTIONS, Part II,

Section One, to read us follows:

Appendix D to Part 169a—[Amended]

Appendix D to Part 169a—Commercial

Activities Management Information

System (CAMIS)

* * * * *

On approval of a full cost comparison,

a simplified cost comparison, or a direct

conversion CA, the DoD Component

shall create the initial entry using the

data elements in part I for full cost

comparisons and data elements in part

II for all other conversions. Within 30

days of the end of each quarter the DoD

Component shall submit a floppy

diskette. Data files must be in American

Standard Code Information Interchange

text file format on a MicroSoft-Disk

Operating System formatted 3.5 inch

floppy diskette. Provide submissions in

the Defense Utility Energy Reporting

System format. The data shall be

submitted in the Director, Installations

Management (D,IM), 400 Army Navy

Drive, Room 206, Arlington, VA 22202–

2884 at least 60 days prior to the end of

the quarter. The D,IM shall use the

automated data to update the CAMIS. If

the DoD Component is unable to

provide data in an automated format,

the D,IM shall provide quarterly

printouts of cost comparison records

(CCR) and conversion and/or

comparison records (DCSCCR) that may

be annotated and returned within 30

days of the end of each quarter to the

D,IM. The D,IM then shall use the

annotated printouts to update the

CAMIS.

* * * * *

CAMIS Entry and Update Instructions

Part I * * *

Section One * * *

[3] * * *

Y—On Site Inspection Agency (OSIA)

2—* * *

3—* * *

4—Defense Technical Information

Center (DTIC)

5—U.S. Army Corps of Engineers

(USACE) Civil Works

[4] Command code. The code

established by the DoD Component

headquarters to identify the command

responsible for operating the

commercial activity undergoing cost

comparison.

[5] Installation code. The code

established by the DoD Component

headquarters to identify the installation

where the CA(s) under cost comparison

is and/or are located physically. Two or

more codes (for cost comparison

packages encompassing more than one

installation) should be separated by

commas.

* * * * *

CAMIS Entry and Update Instructions

Part II * * *

Section One * * *

[3] * * *

Y—On Site Inspection Agency (OSIA)
67330 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

2—* * *

3—* * *

4—Defense Technical Information

Center (DTIC)

5—U.S. Army Corps of Engineers

(USACE) Civil Works

[4] Command code. The code

established by the DoD Component

headquarters to identify the command

responsible for operating the

commercial activity undergoing cost

comparison.

[5] Installation code. The code

established by the DoD Component

headquarters to identify the installation

where the CA(s) under cost comparison

is and/or are located physically. Two or

more codes (for cost comparison

packages encompassing more than one

installation) should be separated by

commas.

* * * * *

Dated: December 21, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–31346 Filed 12–28–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–95–086]

Special Local Regulations for Marine

Events; New Year’s Eve Fireworks;

Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements 33

CFR 100.509 for the New Year’s Eve

Fireworks Display. The display will be

launched from barges anchored off

Penns Landing, Delaware River,

Philadelphia, Pennsylvania on

December 31, 1995. The regulations in

33 CFR 100.509 are needed to control

vessel traffic in the immediate vicinity

of the event due to the confined nature

of the waterway and expected spectator

craft congestion during the event. The

regulations restrict general navigation in

the area for the safety of life and

property on the navigable waters during

the event.

EFFECTIVE DATES: The regulations in 33

CFR 100.509 are effective from 11 p.m.,

December 31, 1995 until 1:20 a.m., on

January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Stephen Phillips, Chief, Boating

Affairs Branch, Boating Safety Division,

Fifth Coast Guard District, 431 Crawford

Street, Portsmouth, Virginia 23704–5004

(804) 398–6204, or Commander, Coast

Guard Group Philadelphia (215) 271–

4825.

Drafting Information: The drafters of this

notice are QM1 Gregory C. Garrison, project

officer, Boating Affairs Branch, Boating

Safety Division, Fifth Coast Guard District,

and CDR T.R. Cahill, project attorney, Fifth

Coast Guard District Legal Staff.

Discussion of Regulation

The Philadelphia Convention and

Visitors Bureau submitted an

application to hold a Neighbors in the

New Year fireworks display. The

display will be launched from barges

anchored off Penns Landing, Delaware

River, Philadelphia, Pennsylvania.

Since many spectator vessels are

expected to be in the area to watch the

fireworks, the regulations in 33 CFR

100.509 are being implemented for this

event. The fireworks will be launched

from within the regulated area. The

waterway will be closed during the

display. Since the closure will not be for

an extended period, commercial traffic

should not be severely disrupted.

Dated: December 18, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–31524 Filed 12–28–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100, 110, and 117

[CGD 05–95–085]

Special Local Regulations for Marine

Events; New Year’s Eve Celebration

Fireworks; Norfolk Harbor, Elizabeth

River, Norfolk and Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice announces that 33

CFR 100.501 is in effect for the New

Year’s Eve Celebration Fireworks

Display, an annual event held on

December 31, 1995 and January 1, 1996.

This regulation is necessary to control

vessel traffic within the immediate

vicinity of the event due to the confined

nature of the waterway and the expected

congestion at the time of the event. The

regulations restrict general navigation in

the area to provide for the safety of life

and property on the navigable waters

during the event.

EFFECTIVE DATES: These regulations are

effective from 11 p.m., December 31,

1995 until 1:30 a.m., January 1, 1996. If

inclement weather causes the

postponement of the event, the

regulations are effective from 6:30 p.m.

until 8:30 p.m., on January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Stephen Phillips, Chief, Boating

Affairs Branch, Boating Safety Division,

Fifth Coast Guard District, 431 Crawford

Street, Portsmouth, Virginia 23704–5004

(804) 398–6204.

SUPPLEMENTARY INFORMATION: .

Drafting Information: The drafters of this

notice are QM1 Gregory C. Garrison, project

officer, Boating Affairs Branch, Boating

Safety Division, Fifth Coast Guard District,

and CDR T.R. Cahill, project attorney, Fifth

Coast Guard District Legal Staff.

Discussion of Rule

On December 31, 1995 and January 1,

1996, Norfolk Festevents, Ltd. will

sponsor a New Year’s Eve Celebration.

As part of the celebration, a fireworks

display will be launched from barges

anchored in the Elizabeth River off

Town Point Park. A large number of

spectator vessels are expected.

Therefore, to ensure safety of both

participants and spectators, 33 CFR

100.501 will be in effect for the duration

of the event. Under the provisions of 33

CFR 100.501, a vessel may not enter the

regulated area unless it is registered as

a participant with the event sponsor or

it receives permission from the Coast

Guard patrol commander. These

restrictions will be in effect for a limited

period and should not result in

significant disruption of maritime

traffic.

Additionally, 33 CFR 110.72aa and 33

CFR 117.1007(b) will be in effect while

33 CFR 100.501 is in effect. Section

110.72aa establishes special anchorages

which may be used by spectator craft.

Section 117.1007(b) provides that the

draw of the Berkley Bridge shall remain

closed from one hour prior to the

scheduled event until one hour after the

scheduled event unless the Coast Guard

patrol commander allows it to be

opened for passage of commercial

traffic.

Dated: December 18, 1995.

W. J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–31525 Filed 12–28–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Philadelphia, PA 95–087]

RIN 2115–AA97

Safety Zone Regulations: New Years

Eve Fireworks: Delaware River,

Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.