Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25407

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps available for inspection

at the Village Hall, 31 Mountain Avenue, Hillburn, New

York.

———

Horseheads (town), Chemung

County (FEMA Docket No.

7164)

Beaver Brook:

At confluence with Newtown

Creek ................................... *877

Approximately 1,035 feet upstream of East Mills Street *885

North Branch Newtown Creek:

At confluence with Newtown

Creek ................................... *929

Approximately 325 feet upstream

of confluence with Newtown

Creek ....................................... *932

Maps available for inspection

at the Horseheads Town Hall,

150 Wygant Road, Horseheads, New York.

———

Horseheads (village),

Chemung County (FEMA

Docket No. 7164)

Newtown Creek:

Approximately 750 feet downstream of Route 14/17 ......... *877

Approximately 535 feet upstream of East Franklin

Street ................................... *891

Maps available for inspection

at the Horseheads Village

Hall, 202 South Main Street,

Horseheads, New York.

———

Lake George (village), Warren

County (FEMA Docket No.

7159)

Lake George:

Entire shoreline within community ....................................... *321

Maps available for inspection

at the Village of Lake George

Administrative Building, Amherst Street, Lake George,

New York.

———

Lewis (town), Lewis County

(FEMA Docket No. 7168)

East Branch Mohawk River:

Approximately 0.47 mile downstream of State Route 26 .... *1457

Approximately 0.74 mile upstream of State Route 26 .... *1499

Maps available for inspection

at the Lewis Town Clerk’s Office, 791 Main Street, West

Leyden, New York.

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

OHIO

Dayton (city), Montgomery

County (FEMA Docket No.

7164)

Lilly Creek:

Approximately 0.15 mile upstream of confluence with

Mad River ............................ *761

Approximately 0.60 mile upstream of Byesville Boulevard ...................................... *781

Shallow Ponding Area (Zone

AH):

Just Southeast of Springfield

Pike; approximately 900 feet

northeast of unnamed road *767

Approximately 200 feet northwest of Springfield Pike ....... *766

Maps available for inspection

at the Dayton City Hall, 101

West Third Street, Dayton,

Ohio.

———

Montgomery County (unincorporated areas) (FEMA

Docket No. 7168)

Lilly Creek:

Approximately 100 feet downstream of downstream corporate limits ......................... *780

At upstream corporate limits ... *786

Maps available for inspection

at the County Planning Commission, 451 North Third

Street, Dayton, Ohio.

———

Riverside (city), Montgomery

County (FEMA Docket No.

7168)

Lilly Creek:

Approximately 200 feet upstream of Byesville Boulevard ...................................... *768

Approximately 132 feet downstream of Harshman Road *787

Shallow Ponding Area (Zone

AH):

Approximately 700 feet northwest of the intersection of

Byesville Boulevard and

Fairfax Avenue .................... *766

Approximately 500 feet north

of intersection of Glendean

Avenue and Springfield Avenue ....................................... *766

Just south of intersection of

Springfield Pike and Fairfax

Avenue ................................. *767

North side of intersection of

Fairfax Avenue and Derwent

Drive .................................... *767

Shallow Flooding Area (Zone

AO):

Southside of intersection of

Fairfax Avenue and Derwent

Drive .................................... #2

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

North side of intersection of

Fairpark Avenue and Fairfax

Avenue ................................. #2

Shallow Ponding Area (Zone

AH):

Approximately 700 feet northwest of the intersection of

Byesville Boulevard and

Fairfax Avenue .................... *766

Approximately 500 feet north

of intersection of Glendean

Avenue and Springfield Avenue ....................................... *766

Maps available for inspection

at the City Hall, 1791

Harshman Road, Riverside,

Ohio.

PENNSYLVANIA

Shirley (Township), Huntingdon County (FEMA Docket

No. 7164)

Aughwick Creek:

Approximately 1,090 feet upstream of U.S. Route 522 ... *571

Approximately 1,775 feet upstream of U.S. Route 522 ... *571

Maps available for inspection

at the Shirley Township Building, Shirleysburg, Pennsylvania.

PUERTO RICO

Commonwealth (FEMA Docket

No. 7149)

Espiritu Santo River:

Approximately 0.65 kilometer

upstream of the confluence

with the Atlantic Ocean ....... *2.2

Approximately 4.61 kilometers

upstream of the confluence

with the Atlantic Ocean ....... *6.9

Rio Guanajibo:

Approximately 1,200 meters

downstream of Puerto Rico

Highway 2 ............................ *80.0

Approximately 870 meters

downstream of Puerto Rico

Highway 368 ........................ *100.8

*Elevation in meters (Mean Sea

Level)

Maps available for inspection

at the North Minillas Building,

Dediezo Avenue, 22 Top,

Santurce, Puerto Rico.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: May 13, 1996.

Richard W. Krimm,

Acting Associate Director for Mitigation.

[FR Doc. 96–12713 Filed 5–20–96; 8:45 am]

BILLING CODE 6718–04–P
25408 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

DEPARTMENT OF DEFENSE

48 CFR Parts 209 and 243

[DFARS Case 96–D305]

Defense Federal Acquisition

Regulation Supplement; Institutions of

Higher Education

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement is amending the Defense

Federal Acquisition Regulation

Supplement (DFARS) to implement a

statutory prohibition on providing funds

to institutions of higher education

which have an anti-ROTC policy.

DATES: Effective date: May 21, 1996.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before July 22, 1996, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Mr. Michael Pelky, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, D.C. 20301–

3062. Telefax number (703) 602–0350.

Please cite DFARS Case 96–D305 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Michael Pelkey, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule implements Section

541 of the National Defense

Authorization Act for Fiscal Year 1996

(Public Law 104–106). Section 541

provides that no funds available to DoD

may be provided by contract or grant to

institutions of higher education which

have an anti-ROTC policy.

B. Regulatory Flexibility Act

The Interim rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

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

because the rule only applies to

institutions of higher education which

are determined to have an anti-ROTC

policy. An initial regulatory flexibility

analysis has therefore not been

performed. Comments are invited from

small businesses and other interested

parties. Comments from small entities

concerning the affected DFARS subparts

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

DFARS Case 96–D305 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule without prior opportunity for

public comment. This rule implements

Section 541 of the National Defense

Authorization Act for Fiscal year 1996

(Public Law 104–106), which was

effective upon enactment on February

10, 1996. However, comments received

in response to the publication of this

rule will be considered in formulating

the final rule.

List of Subjects in 48 CFR Parts 209 and

243

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 209 and 243

are amended as follows:

PART 209—CONTRACTOR

QUALIFICATIONS

The authority citation for 48 CFR

Parts 209 and 243 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

2. Sections 209.470–1 and 209.470–2

are revised to read as follows:

209.470–1 Policy.

(a)(1) Section 558 of the National

Defense Authorization Act for Fiscal

Year 1995 (Public Law 103–337)

provides that no funds available to DoD

may be provided by grant or contract to

any institution of higher education that

has a policy of denying or that

effectively prevents the Secretary of

Defense from obtaining for military

recruiting purposes—

(i) Entry to campuses or access to

students on campuses; or

(ii) Access to directory information

pertaining to students.

(2) Section 541 of the National

Defense Authorization Act for Fiscal

Year 1996 (10 U.S.C. 983) provides that

no funds appropriated or otherwise

available to DoD may be obligated by

contract or by grant, including a grant of

funds to be available for student aid, to

any institution of higher education that,

as determined by the Secretary of

Defense, has an anti-ROTC policy and at

which, as determined by the Secretary,

the Secretary would otherwise maintain

or seek to establish a unit of the Senior

Reserve Officer Training Corps, or at

which the Secretary would otherwise

enroll or seek to enroll students for

participation in a unit of the Senior

Reserve Officer Training Corps at

another nearby institution of higher

education. This prohibition applies to

new contracts and all contract

modifications. (See 243.105.) This

prohibition shall cease to apply to that

institution upon a determination by the

Secretary that the institution no longer

has an anti-ROTC policy.

(b) Institutions of higher education

that are determined under 32 CFR part

216 to have the policy or practice in

paragraph (a)(1) or (a)(2) of this

subsection shall be listed as ineligible

on the List of Parties Excluded from

Federal Procurement and

Nonprocurement Programs published by

the General Services Administration.

(See FAR 9.404.)

(c) In cases where a determination is

made under 32 CFR part 216 that

specific subordinate elements of an

institution of higher education, rather

than the institution as a whole, have the

policy or practice in paragraph (a)(1) or

(a)(2) of this subsection, 32 CFR part 216

provides that the prohibition on use of

DoD funds applies only to those

subordinate elements.

209.470–2 Procedures.

(a) Agencies shall not solicit offers

from, award contracts to, or consent to

subcontracts with ineligible contractors.

(b) After a determination of

ineligibility under 209.470–1(a)(1),

departments and agencies shall make no

further payments under existing

contracts with the institutions, and shall

initiate termination action.

PART 243—CONTRACT

MODIFICATIONS

3. Section 243.105 is revised to read

as follows:

243.105 Availability of funds.

(a)(i) 10 U.S.C. 2405 prohibits

adjustments in price under a

shipbuilding contract entered into after

December 7, 1983, for a claim, request

for equitable adjustment, or demand for

payment under the contract, arising out

of events occurring more than 18

months before submission of the claim,

request, or demand.

(ii) Section 558 of the National

Defense Authorization Act for Fiscal

Year 1995 (Public Law 103–337)
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25409

provides that no funds available to DoD

may be provided by contract or contract

modification, nor may contract

payments be made, to an institution of

higher education that has a policy of

denying or that effectively prevents the

Secretary of Defense from obtaining for

military recruiting purposes—

(A) Entry to campuses or access to

students on campuses; or

(B) Access to directory information

pertaining to students. (See 209.470.)

(iii) Pursuant to 10 U.S.C. 983, no

funds may be obligated by contract or

contract modification to an institution

of higher education that has an antiROTC policy. (See 209.470.)

[FR Doc. 96–12766 Filed 5–20–96; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 242

[DFARS Case 96–D007]

Defense Federal Acquisition

Regulation Supplement; Direct

Submission of Vouchers to Disbursing

Office

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement is amending the Defense

Federal Acquisition Regulation

Supplement (DFARS) to allow the

contract auditor to authorize direct

submission of interim vouchers for

provisional payment to the disbursing

office, for contractors with approved

billing systems.

EFFECTIVE DATE: May 21, 1996.

FOR FURTHER INFORMATION CONTACT: Rick

Layser, PDUSD(A&T)DP(DAR), IMD

3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

(703) 602–0350. Please cite DFARS Case

96–D007.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS

242.803 to reduce unnecessary review

and approval, by the contract auditor, of

interim vouchers for provisional

payment under DoD contracts.

B. Regulatory Flexibility Act

This final rule does not constitute a

significant DFARS revision within the

meaning of FAR 1.501 and Public Law

98–577 and publication for public

comment is not required. Therefore, the

Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected DFARS

subpart will be considered in

accordance with 5 U.S.C. 610. Such

comments should cite DFARS Case 96–

D007 in correspondence.

C. Paperwork Reduction Act

This rule does not impose any new

information collection requirements

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 242

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 242 is

amended as follows:

PART 242—CONTRACT

ADMINISTRATION

1. The authority citation for 48 CFR

Part 242 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

2. Section 242.803 is amended by

redesignating paragraphs (b)(i)(C) and

(b)(i)(D) as paragraphs (b)(i)(D) and

(b)(i)(E), respectively, and by adding a

new paragraph (b)(i)(C) to read as

follows:

242.803 Disallowing costs after

incurrence.

* * * * *

(b) * * *

(i) * * *

(C) Authorizing direct submission of

interim vouchers for provisional

payment to the disbursing office for

contractors with approved billing

systems.

* * * * *

[FR Doc. 96–12765 Filed 5–20–96; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 37 and 38

[Docket No. 49658]

RIN 2105–AC13

Transportation for Individuals With

Disabilities

AGENCY: Department of Transportation

(DOT), Office of the Secretary.

ACTION: Final rule.

SUMMARY: The Department is amending

several provisions of its rules

implementing the Americans with

Disabilities Act (ADA). Some of the

changes are being made in response to

petitions received by the Department.

The first change will ensure that the

rule treats independent private schools

similarly to other schools. The second

change will apply the same gap

standard to high speed automated

guideway transit (AGT) systems as is

applied to other rapid and light rail

systems. The third petition granted in

this rule will give local jurisdictions

more discretion with respect to advance

reservation systems for paratransit

services. However, the Department is

withdrawing a proposal that would have

permitted transit authorities to

determine that certain bus stops may be

designated as non-accessible stops.

This rule will also make six

amendments that derive from the

Department’s own proposals. The first

will decrease the paperwork burden of

producing annual paratransit plan

updates once the paratransit system

reaches full compliance with ADA

regulations. The second will clarify a

visitor’s eligibility for paratransit

services. The third will clarify the

vehicle acquisition requirements for

private entities not primarily engaged in

the business of transporting people. The

fourth amendment will remove

‘‘inability to comply’’ as a condition of

gaining a determination of equivalent

facilitation. The final two amendments

will eliminate confusion in a cross

reference within the regulation and

correct a typographical error. The

Department has concluded that no

change is warranted in the regulatory

definition of a personal care attendant.

EFFECTIVE DATE: This final rule is

effective June 20, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert C. Ashby, Deputy Assistant

General Counsel for Regulation and

Enforcement, Department of

Transportation, 400 7th Street, SW.,

Room 10424, Washington, DC 20590.

(202) 366–9306 (voice); (202) 755–7687

(TDD); or Richard Wong, Office of Chief

Counsel, Federal Transit

Administration, same street address,

Room 9316. (202) 366–4011.

SUPPLEMENTARY INFORMATION:

I. Introduction

The Department published its notice

of proposed rulemaking (NPRM) on the

issues covered by this rule on July 21,

1994. The NPRM included proposed

amendments that were petitioned for by

the public on which the Department

took no initial position and proposals

that the Department generated

internally. The Department received

over 275 comments on the NPRM, most

of which came from individuals with

disabilities, organizations representing

them and transit authorities. Additional