19674 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date and EPA will consider any comments received

in determining whether to reverse such action.

clock and will permanently lift any

applied, stayed or deferred sanctions. If

EPA receives adverse comments and

subsequently determines that the State,

in fact, did not correct the disapproval

deficiency, the sanctions consequences

described in the sanctions rule will

apply. See 59 FR 39832, to be codified

at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action

finding that the State has corrected the

disapproval deficiencies that started the

sanctions clock. Based on this action,

application of the offset sanction will be

deferred and application of the highway

sanction will be deferred until EPA

takes final rulemaking action fully

approving the State’s submittal or until

EPA takes action proposing or

disapproving in whole or part the State

submittal. If EPA’s proposed rulemaking

action fully approving the State

submittal becomes final, at that time any

sanctions clocks will be permanently

stopped and any applied, stayed or

deferred sanctions will be permanently

lifted.

Because EPA has preliminarily

determined that the State has corrected

the deficiencies identified in EPA’s

limited disapproval action, relief from

sanctions should be provided as quickly

as possible. Therefore, EPA is invoking

the good cause exception under the

Administrative Procedure Act (APA) in

not providing an opportunity for

comment before this action takes effect.1

5 U.S.C. 553(b)(B). EPA believes that

notice-and-comment rulemaking before

the effective date of this action is

impracticable and contrary to the public

interest. EPA has reviewed the State’s

submittal and, through its proposed

action, is indicating that it is more likely

than not that the State has corrected the

deficiencies that started the sanctions

clock. Therefore, it is not in the public

interest to initially impose sanctions or

to keep applied sanctions in place when

the State has most likely done all that

it can to correct the deficiencies that

triggered the sanctions clock. Moreover,

it would be impracticable to go through

notice-and-comment rulemaking on a

finding that the State has corrected the

deficiencies prior to the rulemaking

approving the State’s submittal.

Therefore, EPA believes that it is

necessary to use the interim final

rulemaking process to temporarily defer

sanctions while EPA completes its

rulemaking process on the approvability

of the State’s submittal. Moreover, with

respect to the effective date of this

action, EPA is invoking the good cause

exception to the 30-day notice

requirement of the APA because the

purpose of this notice is to relieve a

restriction. See 5 U.S.C. 553(d)(1).

III. Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C.

sections 603 and 604. Alternatively,

EPA may certify that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

This action temporarily relieves

sources of an additional burden

potentially placed on them by the

sanctions provisions of the CAA.

Therefore, I certify that it does not have

an impact on any small entities.

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 11, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–9708 Filed 4–19–95; 8:45 am]

BILLING CODE 6560–50–W

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–26

[FPMR Amendment E–276]

RIN 3090–AF09

Removing Federal Supply Service

Schedule Ordering Instructions

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

SUMMARY: This rule amends the Federal

Property Management Regulations

(FPMR) to remove Federal Supply

Service (FSS) schedule ordering

instructions. Over time, these

instructions have become obsolete.

Hence, it is no longer necessary to retain

these instructions in the FPMR.

Removing these instructions from the

FPMR will carry out the principles of

the National Performance Review by

unburdening all Federal agencies from

unnecessary regulations.

EFFECTIVE DATE: April 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Nicholas Economou, FSS Acquisition

Management Center (703–305–6936).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

GSA published a proposed rule to

amend the FPMR to remove FSS

schedule ordering instructions on

February 23, 1994 [59 FR 8587].

Comments were received from three

organizations and one executive

department. All comments were

considered, and no revisions to the rule

were made.

Two of the four respondents were

pleased with the proposed change, and

felt that it was consistent with the

National Performance Review (NPR).

The other two respondents expressed

concerns regarding the transformation of

existing regulations governing FSS

schedule ordering into ‘‘guiding

principles.’’ However, this rule only

removes Federal Supply Schedule

ordering instructions that are obsolete

and no longer necessary. GSA has

already streamlined the Federal Supply

Schedule ordering procedures in FAR

Part 8.

Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

List of Subjects in 41 CFR Part 101–26

Government property management.

For the reasons set forth in the

preamble, 41 CFR Part 101–26 is

amended as follows:

PART 101–26—PROCUREMENT

SOURCES AND PROGRAMS

1. The authority citation for Part 101–

26 continues to read as follows:

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

U.S.C. 486(c).

Subpart 101–26.5—GSA Procurement

Programs

2. Section 101–26.406–7 is

redesignated as § 101–26.502 and

revised to read as follows:

§ 101–26.502 U.S. Government National

Credit Card.

A waiver has been issued by the

Government Printing Office to GSA for
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Rules and Regulations 19675

the procurement of the printing of

Standard Form 149, U.S. Government

National Credit Card.

3. Section 101–26.408–4(c) is

redesignated § 101–26.503 and revised

to read as follows:

§ 101–26.503 Multiple award schedule

purchases made by GSA supply

distribution facilities.

GSA supply distribution facilities are

responsible for quickly and

economically providing customers with

frequently needed common-use items.

Stocking a variety of commercial, highdemand items purchased from FSS

multiple award schedules is an

important way in which GSA supply

distribution facilities meet this

responsibility.

4. The heading for Subpart 101–26.4

is revised and the text is removed and

reserved to read as follows:

Subpart 101–26.4—Federal Supply

Schedules—[Reserved]

5. Section 101–26.507 is revised to

read as follows:

§ 101–26.507 Security equipment.

Federal agencies and other activities

authorized to purchase security

equipment through GSA sources shall

do so in accordance with the provisions

of this § 101–26.507. Under section 201

of the Federal Property and

Administrative Services Act of 1949 (40

U.S.C. 481), the Administrator of GSA

has determined that fixed-price

contractors and lower tier

subcontractors who are required to

protect and maintain custody of security

classified records and information may

purchase security equipment from GSA

sources. Delivery orders for security

equipment submitted by such

contractors and lower tier

subcontractors shall contain a statement

that the security equipment is needed

for housing Government security

classified information and that the

purchase of such equipment is required

to comply with the security provision of

a Government contract. In the event of

any inconsistency between the terms

and conditions of the delivery order and

those of the Federal Supply Schedule

contract, the latter shall govern. Security

equipment shall be used as prescribed

by the cognizant security office.

6. Section 101–26.507–3 is revised to

read as follows:

§ 101–26.507–3 Purchase of security

equipment from Federal Supply Schedules.

To ensure that a readily available

source exists to meet the unforeseen

demands for security equipment,

Federal Supply Schedule contracts have

been established to satisfy requirements

that are not appropriate for consolidated

procurement and do not exceed the

maximum order limitations.

Dated: March 17, 1995.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 95–9744 Filed 4–19–95; 8:45 am]

BILLING CODE 6820–24–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket 50018]

RIN 2105–AC20

Procedures for Transportation

Workplace Drug and Alcohol Testing

Programs; Procedures for NonEvidential Alcohol Screening Devices

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: When the Department of

Transportation published its final

alcohol testing rules in February 1994,

it said that if non-evidential screening

devices were approved, the devices

could be used for screening tests in

DOT-mandated alcohol testing

programs. Several such devices have

now been determined by the National

Highway Traffic Safety Administration

to be capable of detecting the presence

of alcohol at the 0.02 or greater level of

alcohol concentration. This rule

establishes procedures for the use of

these devices.

DATES: This rule is effective May 22,

1995. Comments on amendments to

§§ 40.59(c), 40.63(d)(1), and 40.63(e)(2)

should be received by June 5, 1995.

Late-filed comments will be considered

to the extent practicable.

FOR FURTHER INFORMATION CONTACT:

Albert Alvarez, Director, Department of

Transportation, Office of Drug

Enforcement and Program Compliance,

400 7th Street SW., Washington, DC

20590, Room 9404A, 202–366–3784; or

Robert C. Ashby, Deputy Assistant

General Counsel for Regulation and

Enforcement, 400 7th Street SW., Room

10424, Washington, DC 20590; 202–

366–9306.

SUPPLEMENTARY INFORMATION:

Background

When the Department published its

final alcohol testing rules on February

15, 1994 (59 FR 7302 et seq.), the

Department established breath testing,

using evidential breath testing devices

(EBTs), as the method to be used.

However, in response to comments

requesting additional flexibility in

testing methods, the Department said

that—

NHTSA [the National Highway Traffic

Safety Administration] will develop model

specifications (using precision and accuracy

criteria), evaluate additional screening

devices against them, and periodically

publish a conforming products list of those

additional screening devices (not exclusively

breath testing devices) that meet the model

specifications. * * * Please note that the

Department will also have to undertake

separate rulemaking proceedings to establish

procedures for the use of any devices after

they are approved. (Id. at 7316.)

NHTSA published model

specifications, tested several screening

devices and, on December 2, 1994,

published a conforming products list

(CPL) including four non-evidential

breath testing devices and one saliva

testing device. As noted in the February

15 common preamble cited above,

before these devices can be used in DOT

alcohol testing programs, this

procedural rule has to be issued. When

this rule becomes effective, employers

may begin using the approved nonevidential screening devices. We emphasize that these devices may

be used only for alcohol screening tests.

Confirmation tests must be performed

on EBTs. To the greatest extent feasible,

we have drafted these procedures to

incorporate the same basic requirements

as the existing alcohol testing

procedures. This makes the procedures

simple and achieves the flexibility that

is the goal of using non-evidential

devices.

Comments and Responses

As of the close of the comment

period, the Department received 23

comments on the January 17, 1995,

notice of proposed rulemaking (NPRM)

for this rule (60 FR 3371). Ten of these

comments were from employers or

employer associations, another 10 were

from manufacturers or distributors of

breath testing equipment, and three

were from other testing industry

participants. The comments focused on

several issues.

Interval Between Screening and

Confirmation Tests

In the NPRM leading to the February

15, 1994, final rule on alcohol testing

procedures (57 FR 59416; December 15,

1992), the Department proposed a 15-

minute waiting period before the

confirmation test. The purpose of this

waiting period was to ensure that

residual mouth alcohol did not

artificially raise the confirmation test

result. The Department had considered,