Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Proposed Rules 2981

1The FHWA Division Office can provide the

latest information on the availability of this form.

(ii) If any funds, other than Federal

appropriated funds, have been paid or

will be paid to any person for

influencing or attempting to influence

an officer or employee of any Federal

agency, a Member of Congress, or an

employee of a Member of Congress in

connection with work covered by the

project agreement, the SHA shall

complete and submit to the FHWA

Division Administrator Standard FormLLL,1 Disclosure Form to Report

Lobbying, in accordance with its

instructions;

(iii) The language of this certification

shall be included in the award

documents for all contracts and

subcontracts, covered by the project

agreement, which exceed $100,000 and

all recipients of such contracts and

subcontracts shall be required to certify

and disclose accordingly.

PART 635—CONSTRUCTION AND

MAINTENANCE [AMENDED]

5. Subpart A of part 635 is amended

by revising § 635.102 to read as follows:

§ 635.102 Definitions.

As used in this subpart:

Administrator means the Federal

Highway Administrator.

Calendar day means each day shown

on the calendar but, if another

definition is set forth in the State

contract specifications, that definition

will apply.

Certification acceptance means the

alternative procedure which may be

used for administering certain highway

projects involving Federal funds

pursuant to 23 U.S.C. 117.

Contract time means the number of

workdays or calendar days specified in

a contract for completion of the contract

work. The term includes authorized

time extensions.

Division Administrator means the

chief FHWA official assigned to conduct

business in a particular State. A State is

as defined in 23 U.S.C. 101.

Force account means a basis of

payment for the direct performance of

highway construction work with

payment based on the actual cost of

labor, equipment, and materials

furnished and consideration for

overhead and profit.

Formal approval means approval in

writing or the electronic transmission of

such approval.

Incentive/disincentive for early

completion as used in this subpart,

describes a contract provision which

compensates the contractor a certain

amount of money for each day

identified critical work is completed

ahead of schedule and assesses a

deduction for each day the contractor

overruns the incentive/disincentive

time. Its use is primarily intended for

those critical projects where traffic

inconvenience and delays are to be held

to a minimum. The amounts are based

upon estimates of such items as traffic

safety, traffic maintenance, and road

user delay costs.

Liquidated damages means the daily

amount set forth in the contract to be

deducted from the contract price to

cover additional costs incurred by a

State highway agency because of the

contractor’s failure to complete the

contract work within the number of

calendar days or workdays specified.

The term may also mean the total of all

daily amounts deducted under the terms

of a particular contract.

Local public agency means any city,

county, township, municipality, or

other political subdivision that may be

empowered to cooperate with the State

highway agency in highway matters.

Major change or major extra work

means a change which will significantly

affect the cost of the project to the

Federal Government or alter the termini,

character or scope of the work.

Materially unbalanced bid means a

bid which generates a reasonable doubt

that award to the bidder submitting a

mathematically unbalanced bid will

result in the lowest ultimate cost to the

Federal Government.

Mathematically unbalanced bid

means a bid containing lump sum or

unit bid items which do not reflect

reasonable actual costs plus a

reasonable proportionate share of the

bidder’s anticipated profit, overhead

costs, and other indirect costs.

Public agency means any organization

with administrative or functional

responsibilities which are directly or

indirectly affiliated with a governmental

body of any nation, State, or local

jurisdiction.

Publicly owned equipment means

equipment previously purchased or

otherwise acquired by the public agency

involved primarily for use in its own

operations.

Specialty items means work items

identified in the contract which are not

normally associated with highway

construction and require highly

specialized knowledge, abilities or

equipment not ordinarily available in

the type of contracting organizations

qualified and expected to bid on the

contract; in general these items are to be

limited to minor components of the

overall contract.

State highway agency (SHA) means

that department, commission, board, or

official of any State charged by its laws

with the responsibility for highway

construction. The term ‘‘State’’ should

be considered equivalent to ‘‘State

highway agency’’ if the context so

implies.

Workday means a calendar day during

which construction operations could

proceed for a major part of a shift,

normally excluding Saturdays, Sundays,

and State-recognized legal holidays.

PART 771—ENVIRONMENTAL IMPACT

AND RELATED PROCEDURES

6. The authority citation for part 771

is revised to read as follows and all

other authority citations which appear

throughout part 771 are removed:

Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C.

109, 110, 128, 138 and 315; 49 U.S.C. 303(c),

5301(e), 5323, and 5324; 40 CFR part 1500 et

seq.; 49 CFR 1.48(b) and 1.51.

§ 771.109 [Amended]

7. Section 771.109 is amended by

adding paragraph (d) to read as follows:

* * * * *

(d) When entering into Federal-aid

project agreements pursuant to 23

U.S.C. 110, it shall be the responsibility

of the State highway agency to ensure

that the project is constructed in

accordance with and incorporates all

committed environmental impact

mitigation measures listed in approved

environmental documents unless the

State requests and receives written

Federal Highway Administration

approval to modify or delete such

mitigation features.

[FR Doc. 96–1156 Filed 1–29–96; 8:45 am]

BILLING CODE 4910–22–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5321–5]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Massachusetts;

Change in National Policy Regarding

Applicability of Conformity

Requirements to Redesignation

Requests

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Massachusetts to redesignate the Boston

area from nonattainment to attainment
2982 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Proposed Rules

for carbon monoxide (CO). Under the

Clean Air Act as amended in 1990

(CAA), designations can be revised if

sufficient data is available to warrant

such revisions.

In addition, EPA is proposing

approval of two related State

Implementation Plan (SIP) submissions

by Massachusetts DEP. On November

15, 1993, Massachusetts DEP submitted

a final 1990 base year emission

inventory for CO emissions, which

includes emissions data for all sources

of CO in Massachusetts’ CO

nonattainment areas, as well as CO

emissions for the entire State. On

October 29, 1993, Massachusetts DEP

submitted an oxygenated fuel program

for the Boston consolidated

metropolitan statistical area (CMSA).

In the Final Rules Section of this

Federal Register, EPA is approving the

CO emissions inventory and the

oxygenated fuels program as a direct

final rule.

In addition, EPA is also approving

Massachusetts’ redesignation request as

a direct final rule without prior

proposal. A detailed rationale for the

action is set forth in the direct final rule,

including a modification in national

policy regarding the need for a

conformity SIP submission prior to

redesignation of an area. If no adverse

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this notice.

Any parties interested in commenting

on this notice should do so at this time.

DATES: Comments must be received by

February 29, 1996.

ADDRESSES: Written comments should

be sent to Susan Studlien, Acting

Director of the Air, Pesticides and

Toxics Management Division, at the

EPA Regional Office listed below.

Copies of the redesignation request and

the State of Massachusetts’ submittal are

available for public review during

normal business hours at the addresses

listed below.

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460, and;

Environmental Protection Agency, One

Congress Street, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT:

Wing Chau of the EPA Region I Air,

Pesticides and Toxics Management

Division at (617) 565–3240. Dated:

September 29, 1995.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 96–1590 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[SIPTRAX NO. PA075–4001b; PA075–4002b;

PA024–4005b; FRL–5329–2]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; Redesignation of the

Philadelphia County Carbon Monoxide

Area to Attainment and Approval of the

Area’s Maintenance Plan and the

Philadelphia County 1990 Base Year

Carbon Monoxide Emission Inventory;

Commonwealth of Pennsylvania

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the

Commonwealth of Pennsylvania for the

purpose of approving a maintenance

plan, the 1990 base year carbon

monoxide (CO) emissions inventory for

Philadelphia County and a request to

redesignate the Philadelphia County

carbon monoxide nonattainment area,

from nonattainment to attainment for

CO. In the Final Rules section of this

Federal Register, EPA is approving the

Commonwealth’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial SIP revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by February 29, 1996.

ADDRESSES: Written comments on this

action should be addressed to Marcia L.

Spink, Associate Director, Air Programs,

Mailcode 3AT00, U.S. Environmental

Protection Agency, Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107;

Pennsylvania Department of the

Environment, Bureau of Air Quality,

P.O. Box 8468, 400 Market Street,

Harrisburg, Pennsylvania 17105 and

Philadelphia Department of Public

Health, Air Management Services, 321

University Avenue, Philadelphia,

Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 597–4554.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action, titled, Approval and

Promulgation of Implementation Plans;

Designation of Areas for Air Quality

Planning Purposes; Redesignation of the

Philadelphia County Carbon Monoxide

Area to Attainment and Approval of the

Area’s Maintenance Plan and the

Philadelphia County 1990 Base Year

Carbon Monoxide Emission Inventory;

Commonwealth of Pennsylvania, which

is located in the Rules and Regulations

Section of this Federal Register.

List of Subjects in

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Authority: 42 U.S.C. 7401–7671q.

Dated: October 31, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 96–1103 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[FRL–5325–1]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; Redesignation of the

Metropolitan Washington Carbon

Monoxide Area to Attainment and

Approval of the Area’s Maintenance

Plan and Emission Inventory;

Commonwealth of Virginia, District of

Columbia and the State of Maryland

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.