3316 Federal Register / Vol. 61, No. 21 / Wednesday, January 31, 1996 / Rules and Regulations

associated shipping costs for the

purchased items (which includes raw

materials), off-the-shelf items (and

similar proportionately high-cost

common supply items requiring

additional manufacturing or

incorporation to become end items),

special tooling, special testing

equipment, and construction equipment

purchased for and required to perform

on the contract. In the case of a supply

contract, the acquisition of services or

products from outside sources following

normal commercial practices within the

industry are also included.

(5) Off-the-shelf item. An item

produced and placed in stock by a

manufacturer, or stocked by a

distributor, before orders or contracts

are received for its sale. The item may

be commercial or may be produced to

military or Federal specifications or

description. Off-the-shelf items are also

known as Nondevelopmental Items

(NDI).

(6) Personnel. Individuals who are

‘‘employees’’ under § 121.106 of this

chapter.

(7) Subcontracting. That portion of

the contract performed by a firm, other

than the concern awarded the contract,

under a second contract, purchase

order, or agreement for any parts,

supplies, components, or subassemblies

which are not available off-the-shelf,

and which are manufactured in

accordance with drawings,

specifications, or designs furnished by

the contractor, or by the government as

a portion of the solicitation. Raw

castings, forgings, and moldings are

considered as materials, not as

subcontracting costs. Where the prime

contractor has been directed by the

Government to use any specific source

for parts, supplies, components

subassemblies or services, the costs

associated with those purchases will be

considered as part of the cost of

materials, not subcontracting costs.

(c) SBA will determine compliance

with the Prime Contractor Performance

Requirements as of the following dates:

(1) In a sealed bid procurement, as of

the date the bid was submitted;

(2) In a negotiated procurement, as of

the date the concern submits its best

and final offer. If a concern is

determined not to be in compliance at

the time it submits its best and final

offer, it may not come into compliance

later for that procurement by revising its

subcontracting plan.

(d) Compliance will be considered an

element of responsibility and not a

component of size eligibility.

(e) The period of time used to

determine compliance will be the

period of performance which the

evaluating agency uses to evaluate the

proposal or bid. If the evaluating agency

fails to articulate in its solicitation the

period of performance it will use to

evaluate the proposal or bid, the base

contract period, excluding options, will

be used to determine compliance. In

indefinite quantity contracts,

performance over the guaranteed

minimum will be used to determine

compliance unless the evaluating

agency articulates a different period of

performance which it will use to

evaluate the proposal or bid in its

solicitation.

(f) Work to be performed by

subsidiaries or other affiliates of a

concern is not counted as being

performed by the concern for purposes

of determining whether the concern will

perform the required percentage of

work.

(g) The procedures of § 125.5 apply

where the contracting officer determines

non-compliance, the procurement is a

full or partial small business set-aside or

an SDB has claimed a preference, and

refers the matter to SBA for a COC

determination.

Dated: January 19, 1996.

Philip Lader,

Administrator.

[FR Doc. 96–1157 Filed 1–30–96; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05–96–002]

Regulated Navigation Area:

Chesapeake Bay Ice Navigation

Season

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: Coast Guard Captain of the

Port (COTP) Baltimore is placing in

effect from January 4, 1996 to April 15,

1996 the Regulated Navigation Area for

the Maryland portion of the Chesapeake

Bay, the District of Columbia, the

Potomac River and its tributaries on the

Maryland side, and the Maryland

portion of the Chesapeake and Delaware

Canal. Operators of specified vessels are

required to contact COTP Baltimore

prior to entering or getting underway

within the Regulated Navigation Area to

determine if operating restrictions have

been imposed due to ice conditions.

EFFECTIVE DATES: Section 165.503 of 33

CFR is effective from 12:01 a.m., January

4, 1996 to 12:01 a.m., April 15, 1996,

unless sooner terminated by the Captain

of the Port Baltimore by publication of

a notice in the Federal Register.

SUPPLEMENTARY INFORMATION: Call the 24

Hour recorded message at (410) 576–

2682, or U.S. Coast Guard Activities

Baltimore Duty Officer at (410) 576–

2520 for COTP ice information.

Drafting Information. The drafters of this

regulation are Lieutenant Eric Bautz, project

officer, Captain of the Port, Baltimore,

Maryland, and Lieutenant Kathleen A.

Duignan, project attorney, Fifth Coast Guard

District Legal Staff.

Discussion

Ice conditions frequently exist during

winter months on the northern portion

of Chesapeake Bay and its tributaries,

including the Chesapeake and Delaware

Canal. Severe ice conditions may

threaten the safety of persons, vessels

and the environment. COTP Baltimore

may issue specific COTP orders

imposing operating restrictions due to

ice conditions, vessel construction, and

cargo. Mariners are also encouraged to

monitor Broadcast Notices to Mariners

to determine if ice conditions exist in a

specific area.

Section 165.503 of 33 CFR establishes

a Regulated Navigation Area (RNA).

Operators of vessels carrying oil or

hazardous materials in bulk as cargo or

residue, power-driven vessels of three

hundred gross tons or more, vessels of

one hundred gross tons or more carrying

one or more passengers for hire, and

towing vessels of 26 feet or more in

length must contact COTP Baltimore

before entering or getting underway

within the RNA to obtain current COTP

orders. Section 165.503 will remain in

effect from January 4, 1996 to April 15,

1996.

Dated: January 3, 1996.

G.S. Cope,

Captain, U.S. Coast Guard, Captain of the

Port, Baltimore, Maryland.

[FR Doc. 96–1882 Filed 1–30–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–5406–3]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of stay and

reconsideration.

SUMMARY: This action announces a

three-month stay and reconsideration of
Federal Register / Vol. 61, No. 21 / Wednesday, January 31, 1996 / Rules and Regulations 3317

a certain reporting requirement in the

petition process for the import of used

class I controlled substances

promulgated under sections 604 and

606 of the Clean Air Act Amendments

of 1990. The effectiveness of 40 CFR

82.13(g)(2)(viii), that requires the

importer to certify that the purchaser of

the controlled substance is liable for the

tax, is stayed for three months pending

reconsideration. The EPA is issuing this

stay pursuant to section 307(d)(7)(B) of

the Clean Air Act, which provides the

Administrator authority to stay the

effectiveness of a rule during

reconsideration.

In the proposed rules Section of

today’s Federal Register document, EPA

is proposing to extend this stay to the

extent necessary to complete

reconsideration (including any

appropriate regulatory action) of the

rule in question.

DATES: Effective January 31, 1996, 40

CFR 82.13(g)(2)(viii) is stayed until

April 30, 1996.

ADDRESSES: Comments and materials

supporting this rulemaking are

contained in Public Docket No. A–92–

13, Waterside Mall (Ground Floor)

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460 in

room M–1500. Dockets may be

inspected from 8 a.m. until 5:30 p.m.,

Monday through Friday. A reasonable

fee may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: Tom

Land, Stratospheric Protection Division,

Office of Air and Radiation, U.S.

Environmental Protection Agency

(6205–J), 401 M Street, SW.,

Washington, DC 20460, (202) 233–9185.

The Stratospheric Ozone Information

Hotline at 1–800–296–1996 can also be

contacted for further information.

SUPPLEMENTARY INFORMATION:

I. Background

II. Rules to be Stayed

III. Issuance of Stay

IV. Authority for Stay and Reconsideration

V. Proposed Additional Temporary Stay

VI. Effective Date

I. Background

On May 31, 1995, PAACO

International, Inc., an importer of used

class I controlled ozone-depleting

substances, sent to the United States

Environmental Protection Agency (EPA)

a petition for reconsideration of one

reporting requirement in the petition

process for the import of used class I

controlled substances. This reporting

requirement is included as

§ 82.13(g)(2)(viii) in the amendment to

the Accelerated Phaseout Rule

promulgated on May 10, 1995 (60 FR

24970). The provision requires an

importer to certify that the purchaser of

the used substances is liable for the

excise tax. By this action, EPA is

convening a proceeding for

reconsideration.

II. Rules to be Stayed and Reconsidered

EPA proposed amendments to the

accelerated phaseout regulation in the

Federal Register on November 10, 1994.

In the proposal, EPA discussed options

for addressing the illegal import of

controlled substances that are

mislabelled as being previously used.

EPA viewed the potential for

mislabelling virgin ozone-depleting

substances as ‘‘used’’ as a possible

loophole in the controls on imports. The

controls on imports are established in

the phaseout regulation in accordance

with United States’ obligations under

the Montreal Protocol and as required

by the Clean Air Act Amendments of

1990 (CAAA) in Section 604(c). The

final rule amending the accelerated

phaseout regulation was published in

the Federal Register on May 10, 1995,

and established a petition process for

the import of used class I controlled

substances in § 82.13(g)(2). A person

wishing to import used class I

controlled substances is required to

submit a petition to EPA at least 15

working-days before the shipment is to

leave the port of export. The petition

must provide specific information to

allow EPA to independently verify that

the material was in fact previously used.

Section 82.13(g)(2)(viii) requires the

person submitting the petition to certify

that the purchaser of the used

substances is liable for the tax.

The petitioners stated as the basis for

their request for the stay and

reconsideration that EPA did not give

public notice of this requirement and

therefore it was ‘‘impracticable to raise

objections’’ to the provision during the

public comment period. The petitioner

also claimed that the objections are of

central relevance to the rule because it

believes that ‘‘purchasers’’ are not liable

for the tax, it could not certify liability,

and it could not conduct its business

under the rule.

Today’s action stays the requirement

in § 82.13(g)(2)(viii) regarding

certification of liability for the tax. EPA

recognizes that the proposed rule did

not discuss the possibility of a

certification of liability for taxes. The

Agency has completed a preliminary

review of PAACO’s information and

will reconsider the need to include such

a requirement.

III. Issuance of Stay

EPA hereby issues a three-month

administrative stay of the effectiveness

of § 82.13(g)(2)(viii), including all

applicable compliance dates (60 FR

25001). EPA will reconsider this rule, as

discussed above and, following the

notice and comment procedures of

section 307(d) of the Clean Air Act, will

take appropriate action.

If the reconsideration results in

provisions for the import of used class

I controlled substances that are stricter

than the existing rule, EPA will propose

an adequate compliance period from the

date of final action on reconsideration.

EPA will seek to ensure that the affected

parties are not unduly prejudiced by the

Agency’s reconsideration.

IV. Authority for Stay and

Reconsideration

The administrative stay and

reconsideration of the rule and

associated compliance period

announced by this notice are being

undertaken pursuant to section

307(d)(7)(B) of the Clean Air Act, 42

U.S.C. 7607(d)(7)(B). That provision

authorizes the Administrator to stay the

effectiveness of a rule for three months

in order to consider a request for

reconsideration. The issues in the

petition for reconsideration were

impracticable to raise during the

comment period, and are of central

relevance to the outcome of this

provision of the rule.

V. Proposed Additional Temporary

Stay

Because EPA may not be able to

complete the reconsideration (including

any appropriate regulatory action) of the

rule stayed by this document within the

three-month period expressly provided

in section 307(d)(7)(B), in the Proposed

Rules Section of today’s Federal

Register, EPA proposes a temporary

extension of the stay beyond the three

months provided, only to the extent

necessary to complete reconsideration

of the rule in question.

I certify that this stay of a reporting

requirement for a petition to import

used controlled substances will not

have any additional negative economic

imports on any small entities.

VI. Effective Date

This action is effective on January 31,

1996.

List of Subjects in 40 CFR Part 82

Environmental protection,

Administrative practice and procedure,

Air pollution control, Chemicals,

Chlorofluorocarbons, Exports,

Hydrochlorofluorocarbons, Imports,
3318 Federal Register / Vol. 61, No. 21 / Wednesday, January 31, 1996 / Rules and Regulations

Interstate commerce, Nonessential

products, Reporting and recordkeeping

requirements, Stratospheric ozone layer.

Dated: January 11, 1996.

Carol M. Browner,

Administrator.

Part 82, chapter I, title 40, of the code

of Federal Regulations, is amended as

follows:

PART 82—PROTECTION OF

STRATOSPHERIC OZONE

1. The authority citation for part 82

continues to read as follows:

Authority: 42 U.S.C. 7414, 7601, 7671–

7671q.

2. Section 82.13 is amended by

January 31, 1996 staying paragraph

(g)(2)(viii) from until April 30, 1996.

[FR Doc. 96–1553 Filed 1–31–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TN–154–7092a; FRL–5328–7]

Approval and Promulgation of

Implementation Plans Tennessee:

Approval of Revisions to Process

Emission Standards for New and

Existing Cotton Gins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Tennessee State Implementation

Plan (SIP) submitted by the State of

Tennessee through the Tennessee

Department of Environment and

Conservation on April 18, 1995. This

submittal included revisions to the

current regulations concerning process

emission standards for new and existing

cotton gins. These revisions also

provide an optional method of using

selected controls to demonstrate

compliance with the emission

standards.

DATES: This final rule is effective April

1, 1996 unless adverse or critical

comments are received by March 1,

1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Karen

Borel, at the EPA Regional Office listed

below. Copies of the documents relative

to this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, 9th Floor L & C

Annex, 401 Church Street, Nashville,

Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen C. Borel,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 345 Courtland

Street, NE, Atlanta, Georgia 30365. The

telephone number is 404/347–3555

extension 4197. Reference file TN154–

01–7092.

SUPPLEMENTARY INFORMATION: On April

18, 1995, the State of Tennessee through

the Tennessee Department of

Environment and Conservation

submitted a revision to their SIP

incorporating changes to regulations for

new and existing cotton gins. The SIP

revision consists of changes to

Paragraph 1200–3–7–.08(3). EPA is

approving these revisions which are

summarized as follows.

1. Subparagraph 1200–3–7–.08(3)(a)

has been revised. This subparagraph has

been amended to add definitions for the

following items: ‘‘Cotton Gins;’’ ‘‘Cotton

Gin Site or Gin Site;’’ ‘‘High Efficiency

Cyclone;’’ ‘‘Low Pressure Exhausts;’’

‘‘High Pressure Exhaust;’’ and ‘‘Dust

House.’’ The former subparagraph

prohibited ‘‘the emission of particulate

matter in any on hour in excess of * * *

amount shown in Table 4’’ and has been

deleted. This requirement was

incorporated into Subparagraph 1200–

3–7–.08(3)(b).

2. Subparagraph 1200–3–7–.08(3)(b)

has been revised. This paragraph has

been amended by deleting the former

language that allowed the total process

weight from all similar units at a plant

to be used to determine the maximum

allowable emission of particulate matter

from a stack. This has been replaced by

the requirements that the owner or

operator of the cotton gin meet the

standards set forth in Table 4 of this

paragraph. Table 4 establishes the

allowable rate of particulate emissions

based on the process weight rate for new

and existing cotton gins. These

allowable emission rates have not been

amended. This revised subparagraph

alternatively allows the owner or

operator of a cotton gin to utilize

defined control devices, rather than

demonstrating compliance with the

emission standards. The control devices

which are allowed include screens with

a mesh size of 80 by 80 or finer, or

perforated condenser drums with holes

of .045 inches in diameter or less, or

dust houses for emission control from

low pressure exhausts. For emission

control from high pressure exhausts,

high efficiency cyclones may be used to

demonstrate compliance. Subparagraph

1200–3–7–.08(3)(b) has also been

amended to prohibit the burning of

cotton gin waste at a gin site in a

wigwam or any other type of enclosed

burner.

3. Subparagraph 1200–3–7–.08(3)(c)

has been revised. The former

subparagraph required compliance by

January 1, 1973, or July 1, 1975. This

language was deleted. The new

compliance date for this regulation has

been included in subparagraph (b),

above, and is now July 1, 1991. The

revised paragraph (c) now states that the

‘‘allowable particulate emission

standards for * * * cotton gins shall

be determined by Table 4.’’ This

language was contained in subparagraph

(a) prior to this SIP revision.

4. Table 4, subparagraph 1200–3–7-

.08(3), has been revised. The title of this

table has been modified from

‘‘Allowable Particulate Emission Based

on Process Weight Rate for Cotton Gins’’

to ‘‘Allowable Rate of Particulate

Emissions Based on Process Weight Rate

for New and Existing Cotton Gins.’’ The

address for the Tennessee Division of

Air Pollution Control has also been

updated.

Final Action

EPA is approving the aforementioned

revisions contained in the State’s April

18, 1995, submittal. The EPA is

publishing this rulemaking without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective April 1, 1996,

unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a