Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67327

determination with respect to the

labeling of vodka. Therefore, the ATF is

directed to conduct a study, in

consultation with industry members, to

determine whether a more reasonable

industry standard can be established

that better balances the interests of the

consumer, the industry, and the

government.’’

Accordingly, as a result of Public Law

104–52, ATF is amending 27 CFR

§ 5.23(a)(3) to remove the 300 ppm citric

acid limitation requirement set by T.D.

ATF–360 pending further study. During

the pendency of such study, ATF will

continue to allow the use of up to 1,000

ppm of citric acid in distilling vodka

without changing its designation as

‘‘vodka,’’ subject to the applicable

formula requirements.

Notice and Public Procedure

Because this final rule implements a

specific Federal statutory requirement

prescribed by section 528 of Public Law

104–52, and in view of the immediate

need for guidance to the industry with

respect to compliance with applicable

regulations, it is found to be impractical

and contrary to the public interest to

issue this rule with notice and public

procedure under 5 U.S.C. 553(b) or

subject to the effective date limitation of

5 U.S.C. 553(d).

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to a final

regulatory flexibility analysis (5 U.S.C.

604) are not applicable to this final rule

because the agency was not required to

publish a general notice of proposed

rulemaking under 5 U.S.C. 553 or any

other law.

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined in E.O. 12866 because

(1) it will not have an annual effect on

the economy of $100 million or more or

adversely affect in a material way the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

communities; (2) create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; (3) materially alter the

budgetary impact of entitlement, 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.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

511, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR Part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Disclosure

Copies of the notices, the Treasury

decision, and all comments are available

for public inspection during normal

business hours at: ATF Reading Room,

Room 6300, 650 Massachusetts Avenue

NW., Washington, DC.

Drafting Information: The principal author

of this document is David W. Brokaw, Wine,

Beer, and Spirits Regulations Branch, Bureau

of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 5

Advertising, Consumer protection,

Customs duties and inspection, Imports,

Labeling, Liquors, Packaging and

Containers.

Authority and Issuance

27 CFR Part 5—Labeling and

Advertising of Distilled Spirits, is

amended as follows:

PART 5—LABELING AND

ADVERTISING OF DISTILLED SPIRITS

Paragraph 1. The authority citation

for 27 CFR part 5 continues to read as

follows:

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C.

205.

Par. 2 Section 5.23(a)(3)(iii) is revised

to read as follows:

§ 5.23 Alterations of class and type

(a) Additions. * * *

* * * * *

(3) * * * (iii) any material

whatsoever in the case of neutral spirits

or straight whiskey, except that vodka

may be treated with sugar in an amount

not to exceed 2 grams per liter and a

trace amount of citric acid.

* * * * *

Par. 3 Section 5.23(c)(2) is removed.

Signed: December 11, 1995.

Daniel R. Black,

Acting Director.

Approved: December 13, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary

(Regulatory, Tariff, & Trade Enforcement)

[FR Doc. 95–31505 Filed 12–28–95; 8:45 am]

BILLING CODE 4810–31–M

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 2607

RIN 1212–63

Disclosure and Amendment of

Records Under the Privacy Act

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation is amending its regulations

implementing the Privacy Act of 1974,

as amended. This rule amends part 2607

to describe more accurately the

exemption applicable to certain records

maintained by the PBGC in view of

changes to PBGC’s Privacy Act systems

of records and to increase the PBGC’s

standard copying fee.

EFFECTIVE DATE: January 29, 1996.

FOR FURTHER INFORMATION CONTACT: D.

Bruce Campbell, Attorney, Office of the

General Counsel, Pension Benefit

Guaranty Corporation, 1200 K Street,

NW., Washington, DC 20005–4026, 202–

326–4123 (202–326–4179 for TTY and

TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: On

November 15, 1995, the PBGC

published in the Federal Register (60

FR 57372) a proposed rule amending

part 2607 of it regulations implementing

the Privacy Act of 1974, as amended

(‘‘Privacy Act’’) (5 U.S.C. 552a). The

PBGC received no comments during the

comment period and this final rule

amends the regulations as proposed.

The final rule increases the fee the

PBGC charges for record copies

furnished to individuals, from $0.10 to

$0.15 per page, the same fee as the

PBGC charges for copies furnished to

individuals under the Freedom of

Information Act. The amendment

increases from $1.00 to $1.50 the

threshold amount under which the

agency does not assess a fee.

Because the PBGC is dividing an

existing Privacy Act system of records

into two systems of records, PBGC–5

(retitled Personnel Files—PBGC) and

PBGC–12 (Personnel Security

Investigation Records—PBGC), the final

rule moves the exemption from certain

provisions of the Privacy Act to PBGC–

12.

E.O. 12866 and the Regulatory

Flexibility Act

The PBGC has determined that this

action is not a ‘‘significant regulatory

action’’ under the criteria set forth in

Executive Order 12866.

Based on fees assessed in the past, the

PBGC estimates that the copying fee
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