Federal Register 1991-01-15: Vol 56 Iss 10

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1-15-91
Vol. 56
Tuesday
January 15, 1991
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1-15-1991 Tuesday
Vol. 56 No. 10 : January 15, 1991
Pages 1483-1558
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Federal Register Vol. 56, No. 10 / Tuesday, January 15, 1991
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Contents
Federal Register —
Vol. 56, No. 10
Tuesday, January 15, 1991
Agriculture Department NOTICES
See also Animal and Plant Health Inspection Service; Rural Meetings:
Electrification Administration Lead acid batteries recycling, negotiation advisory
NOTICES committee, 1537
Meetings:
Microbiological Criteria for Foods National Advisory Export Administration Bureau
Committee, 1511 RULES
COCOM participating countries; reexports, 1486
Animal and Plant Health Inspection Service Export licensing:
NOTICES Commodity control list—
Genetically engineered organisms for release into General Licenses G-COM and G-CEU removed, 1485
environment; permit applications, 1511 Technical data, exports and reexports; special reporting
requirements, 1487
Coast Guard
RULES Family Support Administration
Drawbridge operations: RULES
South Carolina, 1490, 1491 Grants administration:
(2 documents) ADP equipment and services; conditions for Federal
financial assistance, 1493
Commerce Department
See Export Administration Bureau; International Trade Farm Credit Administration
Administration; Minerity Business Development NOTICES
Agency; National Institute of Standards and Meetings; Sunshine Act, 1553
Technology; National Oceanic and Atmospheric Receiver appointments:
Administration; Technology Administration Farm Credit Corp. of America, 1537
Commodity Futures Trading Commission Federal Communications Commission
NOTICES RULES
Contract market proposals: Common carrier services:
Chicago Board of Trade— Tariff filings; notice periods, 1500
European Currency Unit option contract, 1523 PROPOSED RULES
Ten-year Canadian government bond, 1522 Radio broadcasting:
Chicago Mercantile Ex Broadcast auxiliary services and cable television relay
One month London Interbank Offered Rate, 1522 service; congested areas, definition, 1510
Radio stations; table of assignments:
Defense Department California, 1507
PROPOSED RULES Georgia, 1508
Veterans Idaho, 1508
Educational assistance test program; increase in rates Illinois, 1508
payable, 1506 Virginia, 1509
Wisconsin, 1509
Defense Nuclear Facilities Safety Board
NOTICES Federal Energy Regulatory Commission
Meetings; Sunshine Act, 1553 NOTICES
Electric rate, small power production, and interlocking
Education Department directorate filings, etc.:
NOTICES Southern California Edison Co. et al., 1525
Grants and cooperative agreements; availability, etc.: Natural gas certificate filings:
Emergency lmmigrant Education Program, 1524 United Gas Pipe Line Co. et al., 1526
Meetings: Applications, hearings, determinations, etc.:
National Assessment Governing Board; hearings, 1524 Alabama-Tennessee Natural Gas Co., 1530
Bayou Interstate Pipeline System, 1530
Energy Department CNG Transmission Corp., 1531
See Federal Energy Regulatory Commission Colorado Interstate Gas Co., 1531
(2 documents)
Environmentai Protection Agency Columbia Gas Transmission Corp., 1531
RULES El Paso Natural Gas Co.; correction, 1532
Drinking water: Florida Gas Transmission Co., 1532
National primary drinking water regulations— Great Lakes Gas Transmission Co., 1533
Total coliforms, 1556 Inter-City Minnesota Pipelines, Ltd., Inc., 1533
Grants, State and local assistance: National Fuel Gas Supply Corp., 1533, 1534
Clean Water Act; Indian tribes; 1492 (3 documents)
IV Federal Register / Vol. 56, No. 10 / Tuesday, January 15, 1991 / Contents
North Penn Gas Co., 1534 NOTICES
Northern Natural Gas Co., 1535 Meetings:
South Georgia Natural Gas Co., 1535 Salt Lake District Grazing Advisory Board, 1540
(2 documents)
Southern California Edison Co., 1536 Minority Business Development Agency
Tennessee Gas Pipeline Co., 1536 NOTICES
Western Gas Interstate Co., 1537 Business development center program applications:
Williams Natural Gas Co., 1537 Ohio, 1513
Federal Maritime Commission National Institute of Standards and Technology
RULES NOTICES
Maritime carriers in foreign commerce: Information processing standards, Federal:
Non-vessel-operating common carriers; bonding, 1493 Computer output microform formats and reduction ratios,
1514
Freight forwarder licenses: Meetings:
Mendivil, Martha, et al., 1538 Advanced Technology Visiting Committee, 1515
Weights and Measures National Conference, 1515
Federal Reserve System
NOTICES National Oceanic and Atmospheric Administration
Agency information collection activities under OMB review, RULES
1538 Fishery conservation and management:
Applications, hearings, determinations, etc.: Gulf of Mexico and South Atlantic coral and coral reefs,
First Pinellas Financial Group, Inc., et al., 1538 1500
Frame, Lewis R., Sr., et al., 1539 NOTICES
Marshall & Ilsley Corp. et al., 1539 Grants and cooperative agreements; availability, etc.:
National Status and Trend Program (NS&T), 1516
Financial Management Service Meetings:
See Fiscal Service International Whaling Commission, 1519
Pacific Fishery Management Council, 1520
Permits:
Marine mammals, 1520, 1521
Surety companies acceptable on Federal bonds:
(4 documents)
Kemper Reinsurance Co., 1550
National Science Foundation
General Services Administration
NOTICES
RULES Committees; establishment, renewal, termination, etc.:
Federal travel: Atmospheric Sciences Special Emphasis Panel, 1542
Per diem localities; maximum lodging allowance increases
Meetings:
Correction, 1492
Mechanical and Structural Systems Special Emphasis
Panel, 1542
Health and Human Services Department
See Family Support Administration
Nuclear Regulatory Commission
interior Department NOTICES
Environmental statements; availability, etc.:
See Land Management Bureau; Reclamation Bureau; Surface
Mining Reclamation and Enforcement Office Northeast Nuclear Energy Co., 1543
Sacramento Municipal Utility District, 1544
International Trade Administration University of Texas, 1544
Meetings; Sunshine Act, 1553
NOTICES
Applications, hearings, determinations, etc.: Applications, hearings, determinations, etc.:
Eastern Virginia Medical School et al., 1512 Tennessee Valley Authority, 1545
interstate Commerce Commission Pension Benefit Guaranty Corporation
NOTICES RULES
Railroad operation, acquisition, construction, etc.: Multiemployer plans:
Southern Railway Co., 1541 Late premium payments and employer liability
Railroad services abandonment: underpayments and overpayments; interest rates,
Burlington Northern Railroad Co., 1541 1488
(2 documents) Valuation of plan benefits and plan assets following mass
withdrawal—
Justice Department Interest rates, 1490
NOTICES Withdrawal liability; notice and collection; interest rates,
Pollution control; consent judgments: 1489
Alabama Power Co. et al., 1542
Personnel Management Office
Land Management Bureau NOTICES
RULES Excepted service:
Public land orders: Schedules A, B, and C; positions placed or revoked—
California, 1492 Update, 1547
Federal Register / Vol. 56, No. 10 / Tuesday, January 15, 1991 / Contents
Prospective Payment Assessment Commission
NOTICES
Meetings, 1548
Reclamation Bureau
NOTICES
Environmental statements; availability, etc.:
Columbia Basin project, WA, 1540
Rural Electrification Administration
RULES
Telecommunications contracts; standard forms:
Miscellaneous construction work and maintenance, 1483
Securities and Exchange Commission
NOTICES
Meetings; Sunshine Act, 1553
Self-regulatory organizations; proposed rule changes:
Depository Trust Co., 1548
Applications, hearings, determinations, etc.:
Curtis Industries, Inc., 1549
Surface Mining Reclamation and Enforcement Office
PROPOSED RULES
Permanent program and abandoned mine land reclamation
plan submissions:
North Dakota, 1505
Technology Administration
NOTICES
Meetings:
National Medal of Technology Nomination Evaluation
Committee, 1521
Transportation Department
See also Coast Guard
NOTICES
Aviation proceedings:
Agreements filed; weekly receipts, 1550
Certificates of public convenience and necessity and
foreign air carrier permits; weekly applications, 1549
Treasury Department
See Fiscal Service
Veterans Affairs Department
PROPOSED RULES
Vocational rehabilitation and education:
Veterans education—
Educational assistance test program; increase in rates
payable, 1506
NOTICES
Legal interpretations; General Counsel-precedent opinions:
Clothing allowance, 1551
HIV infection acquired through blood transfusion, 1551
Indebtedness waiver, 1550
Separate Parts In This Issue
Part Il
Environmental Protection Agency, 1556
Reader Aids
Additional information, including a list of public
laws, telephone numbers, and finding aids, appears
in the Reader Aids section at the end of this issue.
VI Federal Register / Vol: 56, No. 10 / Tuesday, January 15, 1991 / Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list oft he parts affected this month can be found in
the Reader Aids section at the end of this issue.
Rules and Regulations
Federal Register
Vol. 56, No. 10
Tuesday, January 15, 1991
This section of the FEDERAL REGISTER on the economy of $100 million or more; telecommunications facilities using REA
contains regulatory documents having (2) result in a major increase in cost or loan funds. Under the regulation minor
general applicability and legal effect, most prices for consumers, individual construction may be performed by
of which are keyed to and codified in industries, Federal, State, or local contract using REA Contract Form 773,
the Code of Federal Regulations, which is government agencies, or geographic Miscellaneous Construction Work and
published under 50 titles pursuant to 44 regions; or (3) result in significant Maintenance Services, or by workorder
U.S.C. 1510.
The Code of Federal Regulations is sold adverse effects on competition, construction (construction performed by
by the Superintendent of Documents. employment, investment, productivity, the borrower's employees). Contract
Prices of new books are listed in the innovation, or on the ability of United Form 773 will not require REA approval,
first FEDERAL REGISTER issue of each States-based enterprises to compete nor will it be required to be sent to REA.
week. with foreign-based enterprises in Normally, the borrower will finance
domestic or export markets. Therefore, minor construction with general funds
the rule has been determined to be “not and obtain reimbursement with loan
DEPARTMENT OF AGRICULTURE major.” funds when construction is completed
Rural Electrification Administration This action does not fall within the and executed REA Form 771 has been
scope of the Regulatory Flexibility Act. submitted to REA. Form 771 is a
7 CFR Part 1755 REA has concluded that promulgation of summary of the total costs and net loan
this rule would not represent a major fund requirements for the construction
Telecommunications Standards and Federal action significantly affecting the completed. Contract Form 773 provides
Specifications for Materials, quality of the human environment under the support that the borrower needs to
Equipment, and Construction the National Environmental Policy Act obtain REA loan funds. The Form may
of 1969 (42 U.S.c. 4321 et seg. (1978)) also be used to contract the
AGENCY: Rural Electrification and, therefore, does not require an maintenance and repair of telephone
Administration, USDA. environmental impact statement or an equipment and facilities. Generally, REA
ACTION: Final rule. environmental assessment. will not finance maintenance and repair
sumMaARY: The Rural Electrification This program is listed in the Catalog contracts.
Administration (REA) hereby amends 7 of Federal Domestic Assistance under REA Contract Form 773 provides a
CFR Part 1755, Telecommunications No. 10.851, Rural Telephone Loans and simplified, legally sufficient construction
Standards and Specifications for Loan Guarantees, and 10.852, Rural contract suitable for use on small
Materials, Equipment, and Construction, Telephone Bank Loans. For the reasons miscellaneous construction or
by issuing REA Contract Form 773, set forth in the final rule related Notice maintenance projects.
Miscellaneous Construction Work and to 7 CFR part 3015, subpart V (50 FR On May 3, 1990, REA published in the
Maintenance Services Contract. A 47034, November 14, 1985), this program Federal Register at 55 FR 18606
telephone borrower will use the form is excluded from the scope of Executive proposed rule 7 CFR Part 1762, Standard
when it proposes to use REA loan funds Order 12372 which requires Forms of Contracts, Issuance of new
to finance minor construction performed intergovernmental consultation with REA Contract Form 773, Miscellaneous
under contract. Minor construction is State and local officials. Construction Work and Maintenance
defined as being a telephone project This rule does not contain new or Services Contract, to be used by
estimated to cost $100,000 or less, amended reporting or recordkeeping telephone borrowers for minor
including all labor and materials. The requirements subject to the Paperwork construction, maintenance, or repair
proposed action will impact REA Reduction Act of 1980 (44 U.S.C. 3501 et services to be performed by contract
telephone borrowers, contractors, seq). Existing requirements were using REA loan funds. In the proposed
consulting engineers, manufacturers, approved by the Office of Management rule REA invited interested parties to
suppliers, and the REA. and Budget under OMB approval file comments on or before July 2, 1990. 7
This action will facilitate REA number 0572-0062. CFR part 1762 has subsequently been
redesignated as 7 CFR part 1755.
telephone borrowers in their efforts to Background Comments: Comments and
provide subscribers with the most
REA has issued a series of 7 CFR recommendations were received from
modern and efficient telephone service
chapter XVII Parts which serve to two respondents.
at the lowest reasonable cost.
implement the policies, procedures, and The comments are as follows:
EFFECTIVE DATE: This final rule is requirements for administering its loan One respondent's principal concern is
effective January 15, 1991. and loan guarantee programs and the that it believes the proposed form
FOR FURTHER INFORMATION CONTACT: security instruments which provide for subjects contractors to potentially
Garnett G. Adams, Outside Plant and secure REA financing. This unlimited liability and that this potential
Branch, Telecommunications Staff amendment to 7 CFR part 1755 is to risk makes it virtually impossible for it
Division, Rural Electrification issue REA Contract Form 773, to be available to serve REA borrowers.
Administration, Washington, DC 20250- Miscellaneous Construction Work and Consequently, the respondent made
1500, telephone [phone]. Maintenance Services Contract. several comments and provided several
SUPPLEMENTARY INFORMATION: This rule Regulation 7 CFR part 1753, subpart I, changes it felt should be adopted. These
is issued in conformity with Executive sets forth the requirements and are summarized as follows:
Order 12291, Federal Regulation. This procedures to be followed by borrowers 1. Section II, paragraph 13,
action will not (1) have an annual effect for minor construction of “Indemnification,” subjects the
Federal Register / Vol..56, No..10 / Tuesday, January..45, 1991 /-Raundl Reeguslat-ion s
contractor to potentially unlimited This form of contract is not intended
liability under all circumstances-even in are destroyed, damaged, or lost. The for work that would need a
the absence of any negligent conduct by words “or property” have been deleted. confidentiality provision. Other more
the contractor. The ‘contractor needs to Otherwise, the sentence is unchanged. formal and restrictive forms of contract
be assured that it wil have prompt 3. The respondent believes that would be required for such work.
notice of claims, the full right to control consequential damages should be The Form 773 Gentract is to-be.used
the defense‘of actions, and assurance of excluded through.the:use of a propesed where the contractor does.-all the work
cooperation of the owner in settling such provision provided by the respondent. and does. not-assign the: contract to
claims. Also, the contractual indemnity The proposed revision would.relieve the another‘party.
should be an-exclusive remedy andthe contractor.of responsibility, except for Another:respondent stated it believes
maximum limit-of liability should ‘be third-party claims for .personal-injury or the propesed Contract’Form 773 is more
reasonable. The respondent provided a tangible property. damage, for-any in the nature of a-service contract (i.e.,
proposed substitution for paragraph 13 incidental, indirect, or consequential building construction/maintenance,
containing 'the above provisions and damages, lost:profits or lest revenues. carpentry, -electrical services, outside
specified a maximum liability ‘limit for plant construction/maintenance, etc.)
Response: REA believes ‘that ‘the
each personal injury and ‘tangible rather than a contract for the purchase
causerof damages ‘must ‘be responsible
property damage claim and the value of of central office equipment.
for the:damages. The proposed revision
the- contract for all other claims. Response: This is totally correct. This
provides:no: benefits or:protection for
Response: REA.agrees that the the owner or for the security of the contract is‘not'to-be used’to purchase
contractor can only be responsible for Government's loan. The proposed central office equipment. When.central
claims caused by its negligent conduct, revision is rejected. office equipment is to be purchased by
that it is.entitled to. prompt written contract, Form 525 or Form 545-is-to-be
4. Section Il, paragraph 3, “Changes ‘in
notification of claims, that.it-have full used.
the Project,” should be amended.-so:as ‘to
right to control the defense.of the:claims, aveid:confusion‘on the work referred ‘to List-of Subjects in 7 CFR Part 1755
and that it receive.the.cooperation of the therein; such as, the-last-sentence
owner in defending such claims. REA should be amended to show ‘that Loan programs—communications,
does not agree with the respondent that Reporting and recordkeeping
contract:adjustments’on nenaninor
the contractual indemnity should be an changes-must be agreed to ‘prior'to requirements, Telecommunications,
exclusive remedy-and there should be a commencemenotf any changed work.” Telephone.
maximum limit for personal injury and In view of the above, REA ‘hereby
Response: Sentenceamended
tangible property damage claims. amends 7 CFR part 1755 by issuing
accordingly.
Paragraph 13 has been rewritten to Contract Form 773.
incorporate these provisions. Wor5.k',S”e ctsihoonu lIdI , ‘pbaer aamgreanpdhe d1 1,‘ to“ Dteafkeec tisn toi n PART 1755—[AMENDED]
2. Section Il, paragraph 5, ‘the'last account situations where a-defect 1. The authority cited for part 1755
isne nttheen cpeo siutnifoani rloyf apnl aicnessu rtehre :ocfo ntthrea ctor cdaaynsn.o t reasonably be-cured:within 20 continues to read:
owner's property-evemin cases where Authority: 7.U.S.C. 901-et seq., 7-U‘S.C. 1921
Response: The paragraph has been
the contractor is not at fault, e.g.,. where et seq.
amended to allow the contractor 20 days
the materials handled ‘(but not:provided) to remedy or to make.arrangements 2. The table in § 1755.93-is ‘amended
by the-contractor.are defective. The satisfactory to‘the owner and REA to by adding an-entry forR EA Form 773 to
respondent provided a proposed remedy a defect. read.as follows:
substitution for this sentence that would
require the contractorito reimburse the 6. Section Ill, “Insurance,” should’be § 1755.93 .List.of.standard forms of
owner orfeplace at no-cost to the owner amended te permit the.contractor, in telecommunications.contracts.
for any materials:or property destroyed, appropriate cases, to self-insure the
damaged,.or lost where such Joss.is:due required coverages.
to.the contractor's negligence rather Response: Insurance requirements for REA
than “regardles.so f cause” stipulated in contractors are set forth:in 7 CFR part
the proposed contract. 1788, subpart.C, Insurance for
Response: Section Il, paragraph 5, is Contractors, Engineers, and Architects.
titled “Provisioonf Materials”; This contract must comply with this
therefore, references ‘should be made regulation. This regulation does not
only to materials ‘in this paragraph provide for self-insuring.
rather than materials or:property. 7. The respondent believes that Form
Owner furnished materials are provided 773 should contain a Force Majeure
the-contractor at-stated unit prices in the provision {and provided a
contract. These unit material prices are provision), a confidentiality provision
incorporated in the contractor's bid and.an essignment provision permitting
prices for'the construction units utilizing the contractorito-assign the agreement
these owner-furnished materials. Upon to an-affiliated company.
delivertyo and acceptance of ‘these Response: REA does not believe.a
owner-furnished materials by ‘the Force Majeure provision is required.es
contractor, they become the this contract form.is used-only for.small
responsibility of the contractor just the projects requiring a short time period for
same as for materials:purchased ‘by ‘the construction. Since the contract.does.not
contractor from other suppliers. The require a specific completion date.or
contractor:is responsible to:pay ‘the construction time frame, the contractor
owner or replace at no cost to the owner is not penalized for Force Majeure
for materials the owner provided that delays. the REiA Pub,l iDcaCt io2n0s2 5O0f.f icTeh ei s (202) 382-8) 674.