Federal Register / Vol. 61, No. 89 / Tuesday, May 7, 1996 / Rules and Regulations 20493

§ 836.602–1 [Amended]

55. In § 836.602–1, paragraph (c) is

removed and paragraph (d) is

redesignated as new paragraph (c).

§ 836.602–3 [Removed]

56. Section 836.602–3 is removed.

§ 836.606–70 [Amended]

57. In § 836.606–70, the first 5

sentences are removed.

§ 836.606–71 [Amended]

58. In § 836.606–71, the second and

fourth sentences are removed.

§ 836.606–73 [Amended]

59. In § 836.606–73, paragraph (a) is

amended by removing ‘‘fee limitation on

architect or engineer services set forth in

section 304(b) of the Federal Property

and Administration Services Act of

1949, as amended, and referred to in

FAR 15.903(d)(1)(ii), applies to those

services generally required in preparing

working drawings and specifications

which form the basis for bidding and for

the award of construction contract. The

fixed’’.

PART 837—SERVICE CONTRACTING

§ 837.104 [Amended]

60. In § 837.104, paragraph (a) is

amended by removing ‘‘, except to the

extent indicated in 815.204 and subpart

837.2,’’.

§ 837.200 [Removed]

61. Section 837.200 is removed.

§ 837.204 [Removed]

62. Section 837.204 is removed.

§ 837.205 [Removed]

63. Section 837.205 is removed.

§ 837.271–5 [Amended]

64. Section 837.271–5 and

Appendices A and B to subpart 837.2

are removed.

§ 837.7002–7002 [Amended]

65. In § 837.7002, the last sentence is

removed.

PART 846—QUALITY ASSURANCE

§ 846.302 [Removed]

66. Section 846.302 is removed.

§ 846.403 [Removed]

67. Section 846.403 is removed.

§ 846.408–72 [Removed]

68. Section 846.408–72 is removed.

[FR Doc. 96–11276 Filed 5–6–96; 8:45 am]

BILLING CODE 8320–01–P

48 CFR Part 871

RIN 2900–AG65

VA Acquisition Regulations: Loan

Guaranty and Vocational Rehabilitation

and Counseling Programs

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule without substantive change

the provisions of a proposed rule to

amend the Department of Veterans

Affairs (VA) acquisition regulations

(VAAR). This final rule increases to

$500 the blanket advance authority of

management brokers to incur routine

charges in connection with the

management of properties acquired by

VA under VA’s housing and small

business loan programs (38 U.S.C.

Chapter 37). It also increases to $500 the

property holders’ emergency repair

threshold. In addition, Regional Office

Directors, Loan Guaranty Officers, and

Assistant Loan Guaranty Officers are

authorized to approve repair programs

where the estimated cost (i.e., the

aggregate amount of the proposed

contracts to purchase supplies and

services as contemplated in a property

analysis by the Loan Guaranty activity)

does not exceed $25,000. Further,

nonsubstantive changes are made for

purposes of clarity and to reflect

organizational changes. These changes

are intended to promote the efficient

management of VA’s acquired property

inventory.

EFFECTIVE DATE: May 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Wanza E. Lewis, Acquisition Policy

Division (95A), Office of Acquisition

and Materiel Management, Department

of Veterans Affairs, 810 Vermont

Avenue, NW., Washington, DC 20420,

(202) 565–4424.

SUPPLEMENTARY INFORMATION: On

February 14, 1994, we published in the

Federal Register (59 FR 6942) a

proposal to amend provisions of the

VAAR captioned ‘‘LOAN GUARANTY

AND VOCATIONAL REHABILITATION

AND COUNSELING PROGRAMS’’. We

solicited comments concerning the

proposal for 60 days ending April 15,

1994. We did not receive any comments.

The information presented in the

proposal still provides a basis for this

final rule. We are making several

nonsubstantive changes, but otherwise,

based on the rationale set forth in the

proposal, we are adopting the

provisions of the proposed rule as a

final rule without change.

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This final rule

would not cause a significant effect on

any entities. Therefore, pursuant to 5

U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

§§ 603 and 604.

This document is made effective on

the date of publication. It restates

statutory provisions and relieves

restrictions.

List of Subjects in 48 CFR Part 871

Government procurement, Loan

programs-social programs, Loan

programs-veterans, Reporting and

recordkeeping requirements, Vocational

rehabilitation.

Approved: March 18, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 48 CFR part 871 is amended

as set forth below:

PART 871—LOAN GUARANTY AND

VOCATIONAL REHABILITATION AND

COUNSELING PROGRAMS

1. The authority citation for part 871

is revised to read as follows:

Authority: 10 U.S.C. ch. 106, 107, 1606; 38

U.S.C. 501, ch. 30, 31, 32, 35, 36, 37; 40

U.S.C. 486(c).

Subpart 871.1—Loan Guaranty

Program

2. Section 871.101 is revised to read

as follows:

871.101 Policy.

All acquisitions for the repair and

maintenance of VA property acquired

under 38 U.S.C. Chapter 37 shall be

made in accordance with FAR Parts 14,

15, and 16; (VAAR) 48 CFR Parts 814,

815, and 816; and (VAAR) 48 CFR

subpart 871.1.

(Authority: 10 U.S.C. ch. 106, 107, 1606; 38

U.S.C. 501, ch. 37; 40 U.S.C. 486(c))

871.102 [Amended]

3. In § 871.102, paragraph (a) is

amended by adding ‘‘, Loan Guaranty

Officers, and Assistant Loan Guaranty

Officers’’ after ‘‘Directors’’; by removing

‘‘purchase supplies and services for the

repair to’’ and adding, in its place,

‘‘approve a repair program for’’; and by

removing ‘‘$5,000 on any single

transaction’’ and adding in its place

‘‘$25,000. A repair program means the

aggregate amount of the proposed

contracts which are contemplated in a

property analysis by the Loan Guaranty

activity’’.
20494 Federal Register / Vol. 61, No. 89 / Tuesday, May 7, 1996 / Rules and Regulations

4. In § 871.102, paragraph (b) is

amended by removing ‘‘$5,000’’ and

adding in its place ‘‘$25,000’’ and by

removing ‘‘Chief Benefits Director’’ and

adding in its place ‘‘Under Secretary for

Benefits’’.

5. In § 871.102, in paragraph (c) the

second sentence is amended by

removing ‘‘Chief Benefits Director’’ and

adding in its place ‘‘Under Secretary for

Benefits’’.

6. In § 871.102, paragraph (d) is

amended by removing ‘‘$200’’ and

adding in its place ‘‘$500’’.

7. In § 871.102, in paragraph (e) the

first sentence is amended by removing

‘‘listed with him/her’’ and adding in its

place ‘‘assigned’’; the second sentence is

amended by removing ‘‘$200’’ and

adding in its place ‘‘$500’’ and by

removing ‘‘his/her’’ and adding in its

place ‘‘the’’; and the third sentence is

amended by removing ‘‘$200’’ and

adding in its place ‘‘$500’’.

871.103 [Removed]

8. Section 871.103 is removed.

871.105 [Removed]

9. Section 871.105 is removed.

871.106 [Amended]

10. In § 871.106, in paragraph (b) the

second sentence is amended by

removing ‘‘or material men’’ and is

amended by removing ‘‘his/her’’ and

adding in its place ‘‘the

subcontractor’s’’.

Subpart 871.2—Vocational

Rehabilitation and Counseling

Program

11. Section 871.200 is revised to read

as follows:

871.200 Scope of subpart.

This subpart establishes policy and

procedures for the vocational

rehabilitation and counseling program

as it pertains to contracts for training

and rehabilitation services, approval of

institutions (including rehabilitation

facilities), training establishments, and

employers under 38 U.S.C. Chapter 31,

and contracts for counseling services

under 38 U.S.C. Chapters 30, 31, 32, 35,

and 36 and 10 U.S.C. Chapters 106, 107,

and 1606.

(Authority: 10 U.S.C. ch. 106, 107, 1606; 38

U.S.C. 501, ch. 30, 31, 32, 35, 36; 40 U.S.C.

486(c))

871.201–3 [Amended]

12. Section 871.201–3 is amended by

removing ‘‘Veterans Health Services and

Research Administration’’ and adding in

its place ‘‘Veterans Health

Administration’’.

871.207 [Amended]

13. In § 871.207, paragraph (b)(2) is

amended by removing ‘‘Veterans

Administration’’ and adding in its place

‘‘Department of Veterans Affairs’’.

[FR Doc. 96–11277 Filed 5–6–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 228

Decision of the United States Supreme

Court Concerning an Agency

Interpretation of the Federal Hours of

Service Laws; Change in Agency

Interpretation; Enforcement Policy

Regarding Violations of Laws as

Previously Interpreted

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Statement of agency policy and

interpretation.

SUMMARY: Notice is hereby given that, in

accordance with the decision of the

United States Supreme Court in

Brotherhood of Locomotive Engineers v.

Atchison, Topeka and Santa Fe R.R., all

time spent awaiting the arrival of a

deadhead vehicle for transportation to

the point of final release, when no

additional services are required of

railroad carrier employees, shall be

treated by FRA as time neither on nor

off duty for purposes of the Federal

hours of service laws (‘‘HSL’’),

throughout the entire nation. FRA is

amending its current interpretive

statement to reflect this Supreme Court

decision.

EFFECTIVE DATE: January 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Edward R. English, Director, Office of

Safety Assurance and Compliance,

Office of Safety, FRA, 400 Seventh

Street, S.W., Washington, D.C. 20590

(telephone: 202–366–9252); or David H.

Kasminoff, Trial Attorney, Office of

Chief Counsel, FRA, 400 Seventh Street,

S.W., Washington, D.C. 20590

(telephone: 202–366–0628).

SUPPLEMENTARY INFORMATION:

Public Participation

In this notice FRA is announcing that

it has changed its interpretation of the

HSL (49 U.S.C. 20102, 21101–21108,

21303, and 21304), consistent with a

unanimous decision of the United States

Supreme Court, concerning the

treatment of time spent awaiting the

arrival of deadhead transportation to the

point of final release. Notice and

comment procedures are unnecessary

with regard to the general statement of

policy and interpretation issued by this

notice because such a statement is

excepted from notice and comment

procedure by virtue of 5 U.S.C.

553(b)(3)(A). Statements of policy are

also an exception to the general

requirement of publication at least 30

days prior to the effective date. See 5

U.S.C. 553(d)(2).

Effect of this Notice

On January 8, 1996, the United States

Supreme Court issued its decision in the

case of Brotherhood of Locomotive

Engineers v. Atchison, Topeka and

Santa Fe R.R.,ll U.S. ll, 116 S.Ct.

595, affirming the decision of the United

States Court of Appeals for the Seventh

Circuit in the case of Atchison, Topeka,

and Santa Fe Railway Co. v. Pen ̃ a, 44

F.3d 437 (1994). Both cases concern

FRA’s interpretation of the HSL as they

pertain to the status of train

crewmembers waiting for the arrival of

deadhead transportation to their point

of final release. The Supreme Court

unanimously held that such time, when

no additional services are required of

railroad carrier employees, should be

classified as limbo time (i.e., neither onnor off-duty time) for HSL purposes.

The Supreme Court’s holding

coincided with the position that FRA

had traditionally taken until the agency

changed its interpretation of the HSL in

late 1992. Prior to that change, FRA had

considered an employee to be on duty

during the time spent waiting for the

arrival of deadhead transportation to the

employee’s point of final release only if

the employee actually had duties to

perform. If the railroad carrier had

relieved the employee of all

responsibility, FRA had considered

such time spent merely waiting for the

deadhead vehicle to arrive as limbo

time.

However, on September 22, 1992, in

response to lawsuits filed by the United

Transportation Union and the

Brotherhood of Locomotive Engineers, a

three-judge panel of the United States

Court of Appeals for the Ninth Circuit

held that such time spent waiting for

transportation was to be considered onduty time. United Transportation Union

v. Skinner, 975 F.2d 1421 (9th Cir.

1992). The Ninth Circuit includes

Alaska, Arizona, California, Guam,

Hawaii, Idaho, Montana, Nevada,

Oregon, and Washington. Although FRA

disagreed with the Ninth Circuit’s legal

rationale, FRA recognized both the

ambiguity of the HSL’s pertinent

provisions and the reasonableness of the

court’s ultimate conclusion as to the