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Code · REGISTER · 2006-10-24 · Animal and Plant Health Inspection Service, USDA · Rules and Regulations

Rules and Regulations. Notice of petition and request for comments; extension of comment period

23,375 words·~106 min read·/register/2006/10/24/06-8806

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-S 71 205 Tuesday, October 24, 2006 Proposed Rules DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 3 [Docket No. APHIS-2006-0044] Animal Welfare; Elephants AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice of petition and request for comments; extension of comment period. SUMMARY: We are extending the comment period for our notice of petition and request for comments concerning the handling, care, treatment, and transport of elephants covered by the Animal Welfare Act.
This action will allow interested persons additional time to prepare and submit comments. DATES: We will consider all comments that we receive on or before December 11, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* , select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2006-0044 to submit or view public comments and to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0044, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No.
APHIS-2006-0044. *Reading Room:* You may read any comments that we receive on Docket No. APHIS-2006-0044 in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff Veterinarian, Animal Care, APHIS, 4700 River Road, Unit 84, Riverdale, MD 20737-1234;
(301)734-7833. SUPPLEMENTARY INFORMATION: On August 9, 2006, we published in the **Federal Register** (71 FR 45438-45439, Docket No. APHIS-2006-0044) a notice of petition and request for comments. That document notified the public that the Animal and Plant Health Inspection Service had received a petition from In Defense of Animals requesting that we issue an interpretive rule or policy to clarify the space and living conditions required for captive elephants, and that we enforce the Animal Welfare Act and its implementing regulations by requiring that exhibitors fully comply with the regulations. We solicited comments from the public regarding the petition, and whether we should continue to regulate the handling, care, treatment, and transport of elephants covered by the Animal Welfare Act under the general standards in the regulations or promulgate specific standards for elephants. We also requested comments regarding what should be included in such standards. Comments on the notice were required to be received on or before October 10, 2006. On September 15, 2006, we published in the **Federal Register** (71 FR 54438, Docket No. APHIS-2006-0044) a document extending the comment period for an additional 30 days. Comments on the notice of petition were required to be received on or before November 9, 2006. We are extending the comment period on Docket No. APHIS-2006-0044 for an additional 30 days. This action will allow interested persons additional time to prepare and submit comments. Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. Done in Washington, DC, this 18th day of October 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-17775 Filed 10-23-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25738; Directorate Identifier 2006-NE-27-AD] RIN 2120-AA64 Airworthiness Directives; General Electric Company
(GE)CF6-80C2B Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for GE CF6-80C2B series turbofan engines with electronic control units (ECUs), installed on Boeing 747 and 767 airplanes. This proposed AD would require installing software version 8.2.Q1 to the engine ECU, which increases the margin to engine flameout. This proposed AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. We are proposing this AD to provide increased margin to flameout and to minimize the potential of an all-engine flameout event, due to ice accretion and shedding during flight. DATES: We must receive any comments on this proposed AD by December 26, 2006. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:*
(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You can get the service information identified in this proposed AD from General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone
(513)672-8400, fax
(513)672-8422. You may examine the comments on this proposed AD in the AD docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: John Golinski, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone:
(781)238-7135, fax:
(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2006-25738; Directorate Identifier 2006-NE-27-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the DOT Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the docket that contains the proposal, any comments received and, any final disposition in person at the DOT Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone
(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the Docket Management Facility receives them. Discussion GE CF6-80C2 and CF6-80E1 series turbofan engines continue to experience flameout events that are due to ice accretion and shedding during flight. Though the investigation is not yet complete, exposure to ice crystals during flight is believed to be associated with these flameout events. We have received reports of 32 airplane events, including reports of multi-engine events where all engines on the airplane simultaneously experienced a flameout or other adverse operation. Some of these events had high pressure compressor blade damage that may have been caused by impact with shedding ice. In all events, the engines restarted and continued to operate normally for the remainder of the flight. We view an all-engine flameout event as an unsafe condition particularly for low-altitude events, or other factors that might result in the inability to restart the engines and regain control of the airplane. Since some aspects of this problem are not completely understood, this proposed AD is considered an interim action due to GE's on-going investigation. Future AD action might become necessary based on the results of the investigation and field experience. This proposed AD addresses only the CF6-80C2B series turbofan engines with ECUs, installed on Boeing 747 and 767 airplanes. The remaining CF6-80C2 and CF6-80E1 series engines are being studied by GE, and we may have future AD actions when studies are finished. This condition of insufficient margin to engine flameout due to ice accretion and shedding during flight, if not addressed, could result in an all-engine flameout event during flight. Relevant Service Information We have reviewed and approved the technical contents of GE Service Bulletin
(SB)No. CF6-80C2 S/B 73-0339, dated November 17, 2005. That SB describes procedures for installing software version 8.2.Q1 to the ECU. Software version 8.2.Q1 modifies the variable bleed valve schedule, which will provide an increased margin to flameout. This increased margin is expected to reduce the rate of flameout occurrences due to ice accretion and shedding during flight. Differences Between the Proposed AD and the Manufacturer's Service Information Although GE SB No. CF6-80C2 S/B 73-0339, dated November 17, 2005, recommends the incorporation of software version 8.2.Q1 at the next shop visit of the ECU, this proposed AD would: • Require a more aggressive compliance schedule for incorporating the software; and • Add a compliance requirement for affected engines installed on Boeing 767 airplanes, which the SB does not require. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would require: • For Boeing 767 airplanes, within 24 months after the effective date of this AD, installing software version 8.2.Q1 to the ECU on at least one of airplane's affected turbofan engines, and • For all other affected turbofan engines, installing software version 8.2.Q1 to the ECU at the next shop visit of the ECU or engine, whichever occurs first, not to exceed five years after the effective date of this proposed AD. This software change will provide increased margin to flameout and reduce the rate of flameout occurrences due to ice accretion and shedding during flight. The proposed AD would require you to use the GE service bulletin described previously to perform these actions. Interim Action These actions are interim actions due to the on-going investigation. We may take further rulemaking actions in the future, based on the results of the investigation and field experience. Costs of Compliance We estimate that this proposed AD would affect 293 CF6-80C2B series turbofan engines with ECUs installed on Boeing 747 and 767 airplanes of U.S. registry. We estimate that 73 engines would have the software installed at ECU overhaul, 147 engines would have the software installed during ECU repair, and 73 engines would have the software installed, not due to ECU overhaul or repair. It would take about six work-hours per engine to perform the proposed actions (ECU overhauls not included) and the average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $283,740. GE may provide the software at no cost to the operators, and reimburse the six work-hours labor cost until December 31, 2010. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on engines identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **General Electric Company:** Docket No. FAA-2006-25738; Directorate Identifier 2006-NE-27-AD. Comments Due Date
(a)The Federal Aviation Administration
(FAA)must receive comments on this airworthiness directive
(AD)action by December 26, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to General Electric Company
(GE)CF6-80C2B1F, -80C2B2F, -80C2B4F, -80C2B5F, -80C2B6F, -80C2B6FA, -80C2B7F, and -80C2B8F turbofan engines with electronic control units (ECUs), installed on Boeing 747 and 767 airplanes. Unsafe Condition
(d)This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. We are issuing this AD to provide increased margin to flameout and to minimize the potential of an all-engine flameout event, due to ice accretion and shedding during flight. Exposure to ice crystals during flight is believed to be associated with these flameout events. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Engine ECU Software Installation
(f)For Boeing 767 airplanes, within 24 months after the effective date of this AD, install software version 8.2.Q1 to the engine ECU on at least one of the airplane's affected turbofan engines.
(g)For all other affected turbofan engines, install software version 8.2.Q1 to the engine ECU at the next shop visit of the ECU or engine, whichever occurs first, not to exceed five years after the effective date of this AD.
(h)Use paragraphs 3.A. through 3.B.(3)(f)4. of the Accomplishment Instructions of GE Service Bulletin No. CF6-80C2 S/B 73-0339, dated November 17, 2005, to do the installation. Definitions
(i)For the purposes of this AD:
(1)Next shop visit of the engine ECU is when the ECU is removed from the engine for overhaul or for maintenance.
(2)Next shop visit of the engine is when the engine is removed from the airplane for maintenance in which a major engine flange is disassembled after the effective date of this AD. The following engine maintenance actions, either separately or in combination with each other, are not considered a next engine shop visit:
(i)Removal of the upper high pressure compressor
(HPC)stator case solely for airfoil maintenance.
(ii)Module-level inspection of the HPC rotor 3-9 spool.
(iii)Replacement of stage 5 HPC variable stator vane bushings or lever arms.
(iv)Removal of the accessory gearbox.
(v)Replacement of the inlet gearbox Teflon seal. Alternative Methods of Compliance
(j)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19.
(k)Installation of later FAA-approved ECU software versions that follow version 8.2.Q1, are acceptable alternative methods of compliance to this AD. Special Flight Permits
(l)Under 14 CFR part 39.23, special flight permits are prohibited. Issued in Burlington, Massachusetts, on October 18, 2006. Thomas A. Boudreau, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-17742 Filed 10-23-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No. FAA-2006-25709; Notice No. 06-13] RIN 2120-AI70 Congestion Management Rule for LaGuardia Airport AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); extension of comment period. SUMMARY: This action extends the comment period for the NPRM published August 29, 2006 (71 FR 51360). Under the NPRM, the FAA proposed to establish an operational limit on the number of aircraft landing and taking off at New York's LaGuardia Airport. This extension is a result of requests from the Airports Council International—North America (ACI-NA), the Air Transport Association of America
(ATA)and the Regional Airline Association (RAA), and the Port Authority of New York and New Jersey (Port Authority) for additional time to comment on the proposal. DATES: Comments must be received on or before December 29, 2006. ADDRESSES: You may send comments to Docket No. FAA-2006-25709 using any of the following methods: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. *Privacy:* We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. For more information, see the Privacy Act discussion in the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Molly W. Smith, Office of Aviation Policy and Plans, APO-001, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202)267-3275; e-mail *molly.w.smith@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. The docket is available for public inspection before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the docket using the Internet at the web address in the ADDRESSES section. *Privacy Act:* Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. If you want the FAA to acknowledge receipt of your comments on this proposal, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it to you. Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD ROM, mark the outside of the disk or CD ROM and also identify electronically within the disk or CD ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7. Background On August 29, 2006, the Federal Aviation Administration
(FAA)issued Notice No. 06-13, “Congestion Management Rule for LaGuardia Airport” (71 FR 51360). The comment period for the NPRM was 60 days, scheduled to end on October 30, 2006. In a comment submitted to the docket assigned to the NPRM (Docket No. FAA-2006-25709), the Airports Council International—North America (ACI-NA) requested we extend the comment period an additional 30 days. In a letter dated September 22, 2006, ACI-NA stated that the NPRM is a highly significant rulemaking that will affect its members, including the Port Authority. ACI-NA stated that the comment period was too short to adequately examine and address all potential effects on its members, especially effects on small-hub and non-hub airports. ACI-NA requested the FAA extend the comment period to expire on November 29, 2006. On October 3, 2006, the Air Transport Association of America
(ATA)and Regional Airline Association
(RAA)submitted a joint comment requesting extension of the comment period. ATA and RAA requested an extension of the comment period to consider, research, and understand the operational consequences and the legal and policy implications of the NPRM. Additionally, ATA and RAA feel an extension of the comment period would not delay the rulemaking since the FAA is still seeking legislative authority to complete it and has published a proposal to place temporary limitations on operations through an Order. 1 ATA and RAA stated that the NPRM raises significant policy and legal questions, including issues under the Administrative Procedures Act, FAA's authority to regulate aircraft size and service, authority to withdraw operating rights, and economic and financial impacts on airlines operating at the airport. Additionally, ATA stated that the FAA has had years to consider and develop an economic analysis to support the proposed rule, and 60 days is not enough time for its staff to review the FAA's Regulatory Evaluation properly and produce its own report. ATA and RAA feel that since the final rule is dependent on legislative authority they believe may not be granted until 2008, and the FAA's own proposed Order will maintain current operations through September 2007, promulgation of the final rule will not be delayed by extending the comment period until January 22, 2007. 1 Proposed Order, “Operating Limitations at New York LaGuardia Airport,” published in the **Federal Register** on September 14, 2006. (71 FR 54331) (Docket FAA-2006-25755). On October 6, 2006, the Port Authority requested that the comment period for the NPRM be extended an additional 180 days until April 27, 2007. The Port Authority, as the operator of the airport, requests the extension to research, consider, and thoroughly understand the operational consequences and the legal and policy implications of the proposal. The Port Authority also states that it is concurrently preparing a response to the FAA's proposed Order and will be able to focus more time on responding to the NPRM if the comment period is extended through April 2007. On October 10, 2006, ATA and RAA submitted a joint letter of support for the Port Authority's request that the comment period be extended until April 27, 2007. We have considered the requests for extension presented by ACI, ATA and RAA, and the Port Authority and weighed the requests against the interest of proceeding with the comment period closing on the originally intended date. We agree there are important legal, policy, and operational issues involved in the NPRM, and we wish to provide adequate time for all affected parties to evaluate the proposal in its entirety. To date, we have received three specific requests for extension and consider their merits equal. The FAA agrees that an extension for the comment period is in the public interest; however, we feel that sufficient justification has not been given for an extension beyond 60 days. ATA and RAA's request for a 90-day extension is based, in part, on an apparent misunderstanding that FAA must obtain legislative authority to complete the proposed rule. At a meeting FAA attended at ATA on September 19th, to answer clarifying technical questions related to the NPRM, FAA made clear its intentions to issue a Final rule prior to receiving any legislative authority to implement market based mechanisms such as auctions or congestion pricing at LaGuardia. (A summary of this meeting is being placed in the docket.) The NPRM states that subsequent rulemaking would be required to address the reallocation of expired Operating Authorizations or to implement any new legislative authority. Similarly, the Port Authority does not provide a compelling rationale as to why they would need a 180-day extension to the comment period. An eight-month comment period is not warranted even granted the complexity of this NPRM. Therefore, the comment period for Notice No. 06-13 is extended an additional 60 days and will expire on December 29, 2006. This extension should provide commenters with sufficient time to complete any review and submit comment. Absent unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking. Extension of Comment Period In accordance with § 11.29(c) of Title 14, Code of Federal Regulations, the FAA has reviewed the petitions made by the Airports Council International—North America, Air Transport Association and Regional Airline Association, and the Port Authority of New York and New Jersey for extension of the comment period to Notice No. 06-13. The petitioners have a substantive interest in the proposed rule and the FAA has determined that an extension of the comment period is consistent with the public interest. Accordingly, the comment period for Notice No. 06-13 is extended until December 29, 2006. Issued in Washington, DC, October 17, 2006. Nan Shellabarger, Director, Office of Aviation Policy and Plans. [FR Doc. E6-17818 Filed 10-23-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF STATE 22 CFR Part 72 [Public Notice 5582] RIN: 1400-AC24 Deaths and Estates AGENCY: Department of State. ACTION: Proposed rule with request for comments. SUMMARY: The Department of State is proposing to update and amend its regulations on deaths and estates in 22 CFR part 72. The existing regulations were originally issued in 1957. They needed to be redrafted in plain language and changed to reflect changes in State Department statutory authority and current practice. Sections 234 and 235 of the James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 made some changes to consular officer and State Department responsibilities with respect to the deaths and personal estates of United States citizens and non-citizen nationals abroad that must be reflected in the regulations. DATES: The State Department will accept comments on this proposed regulation until December 26, 2006. ADDRESSES: You may submit comments by one of the following methods (no duplicates, please): • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Electronically: You may submit electronic comments to *AskPRI@state.gov* . Attachments must be in Microsoft Word. • Mail: U.S. Department of State, Bureau of Consular Affairs, CA/OCS/PRI, 2100 Pennsylvania Avenue (SA-29), 4th Floor, Washington, DC 20037. FOR FURTHER INFORMATION CONTACT: Edward A. Betancourt, Monica Gaw or Michael Meszaros, Overseas Citizens Services, Department of State, 2100 Pennsylvania Avenue, 4th Floor, Washington, DC 20037, 202-736-9110, fax number 202-736-9111. Hearing or speech-impaired persons may use the Telecommunications Devices for the Deaf
(TDD)by contacting the Federal Information Relay Service at 1-800-877-8339. SUPPLEMENTARY INFORMATION: I. Legal Authority Sections 234 and 235 of the James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (Pub. L. 106-113), (hereinafter “the Act”), as codified in 22 U.S.C. 2715b and 2715c. II. Introduction This proposed rule details the handling of deaths and estates of American citizens who die abroad by the U.S. State Department. Legislation was passed in the year 2000 amending many of the statutes authorizing the State Department to perform this function. Many of the CFR provisions are unchanged since 1957. Some need revision because of the legislation; others are out of date. This proposed rule amends the existing regulations in 22 CFR part 72 and implements Sections 234 and 235 of the James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (Pub. L. 106-113), (hereinafter “the Act”), as codified in 22 U.S.C. sections 2715(b), 2715b, and 2715c. The current part 72 will be removed in its entirety, and replaced with the proposed rules. Notifications and Reports of Death Section 234 of the Act provides an explicit statutory mandate, codified as 22 U.S.C. 2715b(a), to a consular officer to endeavor to notify, or assist the Secretary of State in notifying, the next of kin or legal guardian as soon as possible when a United States citizen or non-citizen national dies abroad, with certain exceptions. 22 U.S.C. 2715b(a) essentially codifies existing practices concerning consular reporting and notification regarding deaths of United States citizens or non-citizen nationals as reflected in the existing 22 CFR 72.1 through 72.8, with some variations in the exceptions to normal notification procedures. 22 U.S.C. 4196, which provides for the consular officer to notify the legal representative and the Secretary of State of the death of a United States citizen or national abroad, is unaffected by Section 234. Under the amended regulations, when notifying next of kin of the death of a United States citizen or non-citizen national abroad, such notifications will be made by telephone and confirmed in writing, for example, through an email or fax. The State Department previously used a commercial telegram service to make such notifications. Section 234 of the Act also explicitly authorizes a consular officer to issue a report of death or of presumptive death in the case of a finding of death by the appropriate local authorities. In addition, it explicitly authorizes a consular officer to issue a report of presumptive death in the absence of a finding of death by the appropriate local authorities. This latter provision is intended to allow the consular officer to issue a report of presumptive death in exceptional circumstances where the evidence that the individual has died (e.g., he or she was listed on the passenger manifest on an aircraft that crashed leaving no survivors) is persuasive, but local authorities have not issued and are not likely to issue a finding of death (because, e.g., issuance of a local death certificate requires forensic evidence that is not available or there is no local authority that clearly has jurisdiction.) The Section 234 authorities to issue reports of death are codified at 22 U.S.C. 2715b(b). Protection of Estates Section 234 of the Act further preserves and updates the authority of a consular officer to serve as provisional conservator of the portion of the personal estate of a deceased United States citizen or non-citizen national that is located abroad. It also preserves and updates the authority of a consular officer in “exceptional circumstances” to serve as the administrator of the estate. This authority is now codified at 22 U.S.C. 2715c. (The predecessor statute, 22 U.S.C. 4195, was repealed by Section 234.) Pursuant to 22 U.S.C. 2715c, a consular officer may serve as provisional conservator or administrator of the personal estate of a United States citizen or non-citizen national only when this is authorized by treaty provisions, permitted by the laws and authorities of the foreign country where the death occurs, or the decedent is domiciled, or permitted by established usage in that foreign country. Serving as a provisional conservator or administrator with respect to the personal estate of a deceased United States citizen or non-citizen national, is, however, not authorized if the decedent has left or there is otherwise appointed in the foreign country where the death occurred or where the decedent was domiciled, a legal representative, partner in trade, or trustee appointed to take care of the personal estate. If such a legal representative, partner in trade or trustee appears at any time prior to the transmission of the property to the Secretary of State and demands the proceeds and effects held by the consular officer, the consular officer must deliver them after collecting any fees prescribed for the services performed under 22 U.S.C. 2715c. Consistent with previous statutory authority, 22 U.S.C. 2715c(a)(1) confirms that a consular officer, when serving as provisional conservator of an estate may
(A)take possession of the personal effects of the decedent within the consular officer's jurisdiction,
(B)inventory and appraise the personal effects,
(C)when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer's jurisdiction and pay from the estate obligations owed by the decedent,
(D)sell or otherwise dispose of, as appropriate, in the exercise of prudent administration, all perishable items of property,
(E)sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, additional items of property as necessary to provide funds for the decedent's debts, local property taxes, funeral expenses and other expenses incident to the disposition of the estate; and
(F)if no claimant has appeared within the one year period beginning on the date of death (or such reasonable additional period as may be required for final settlement of the estate), sell the residue of the personal estate in the same manner as United States Government-owned foreign excess property, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence. Transmittal of Estates to Department of State Prior to enactment of the Legislative Appropriations Act of 1996 (Pub. L. 104-53), the General Accounting Office
(GAO)(now the Government Accountability Office) had responsibility for receiving the final statement of account and the personal effects of deceased United States citizens and non-citizen nationals that had been held by consular officers for over one year. Pub. L. 104-53 divested GAO of some of its “operational responsibilities,” including accepting the personal estates of United States citizens and non-citizen nationals who die abroad, and gave such responsibilities to the Executive Branch. Pursuant to Section 234 of the Act, the Department of State now has explicit responsibility for estates formerly transmitted to the GAO. 22 U.S.C. 2715c(a)(1)(G) provides that any proceeds from sale of the residue of the estate shall be transmitted to the Secretary of State, who will have the authority to seek payment of debts to the estate and may take other action that is reasonably necessary for the conservation of the estate. 22 U.S.C. 2715c(b)(1) conveys title of the residue of the estate to the United States if no legal claimant appears within five fiscal years beginning on October 1 after the date on which a consular officer took possession of the personal estate, and gives the Secretary of State the authority to dispose of the estate as surplus United States Government-owned property or such other means as may be appropriate in light of the nature and value of the property involved. The net cash estate after disposition goes to the miscellaneous receipts account of the Treasury. Conveyance of Real Property to United States Government Another new statutory authority conferred by Section 234 of the Act, and codified in 22 U.S.C. 2715c(a)(1)(H) and 22 U.S.C. 2715c(b)(2), addresses the situation where real property belonging to a deceased United States citizen or non-citizen national lays dormant for lack of a claimant while taxes and other assessments accrue, with the possibility, therefore, that ownership of the property will be transferred to a foreign government authority. In that situation, if local law so provides, the consular officer may provide for title to the property to be conveyed to the United States Government unless the Secretary of State declines to accept the conveyance. Real property conveyed to the Secretary of State may be treated as foreign excess property, or, if the Department of State wants the property for its own use, may be treated as an unconditional gift. Compensation for Loss, Theft of Destruction Finally, Section 234 of the Act provides a new authority, codified in 22 U.S.C. 2715c(c), for the Secretary of State to compensate the estate of any United States citizen or non-citizen national who has died overseas for property that was lost, stolen or destroyed while in the custody of officers or employees of the State Department and with respect to which a consular officer was exercising the role of provisional conservator pursuant to 22 U.S.C. 2715 (relating to major disasters and incidents abroad affecting United States citizens) or 22 U.S.C. 2715c(a). Any compensation provided under this provision is in lieu of personal liability of the State Department's officers and employees. State Department officers and employees may be liable to the State Department for any such compensation provided, however, and liability determinations are to be made pursuant to the State Department's procedures for determining accountability for United States Government property. The proposed regulations provide procedures for an estate to claim compensation by reference to Department of State regulations on overseas tort claims under 22 U.S.C. 2669(f). Existing statutory provisions, 22 U.S.C. 4197 and 22 U.S.C. 4198, prescribe the posting of bond by a consular officer who is appointed by a foreign state as an administrator, guardian or other office of trust for an estate and providing penalties for failure to post bond or for embezzlement, remain in force. Broader Definition of “Consular Officer” Section 235 of the Act amended 22 U.S.C. 2715 (Procedures regarding major disasters and incidents abroad affecting United States citizens) by, inter alia, defining “consular officer” for the purpose of 22 U.S.C. 2715 and Section 234 of the Act to include any United States citizen employee of the Department of State who is designated by the Secretary of State to perform consular services pursuant to such regulations as the Secretary may prescribe. Accordingly, such designated United States citizen employees now may make notifications of deaths, issue reports of death and presumptive death, and act as provisional conservators of estates. III. Regulatory Findings Administrative Procedure Act In accordance with provisions of the Administrative Procedure Act governing rules promulgated by Federal agencies that affect the public (5 U.S.C. 533), the State Department is publishing this proposed rule and inviting public comment. All comments received before the close of business on the comment closing date indicated above will be considered. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act 5 U.S.C. 605(b), the Department of State has evaluated the effects of this proposed action on small entities, and has determined, and hereby certifies, pursuant to 5 U.S.C. 605(b), that it would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804 for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. This rule would not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Pub. L. 104-4; 109 Stat. 48; 2 U.S.C. 1532, generally requires agencies to prepare a statement, including cost-benefit and other analyses, before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year. Moreover, because this rule will not significantly or uniquely affect small governments, section 203 of the UFMA, 2 U.S.C. 1533, does not require preparation of a small government agency plan in connection with it. Executive Order 13132: Federalism A rule has federalism implications under Executive Order 13132 if it has substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This regulation will not have such effects, and therefore does not have sufficient federalism implications to require consultations or to warrant the preparation of a federalism summary impact statement under section 6 of Executive Order 13132. Executive Order 12866: Regulatory Review The Department of State does not consider this rule to be a “significant regulatory action” within the scope of section 3(f)(1) of Executive Order 12866. Nonetheless, the State Department has reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Order. Executive Order 12988: Civil Justice Reform The State Department has reviewed this rule in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. The State Department has made every reasonable effort to ensure compliance with the requirements in Executive Order 12988. Paperwork Reduction Act of 1995 This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 72 Estates. For reasons set forth in the preamble, Title 22, Subchapter H, part 72 of the Code of Federal Regulations is proposed to be revised to read as follows: PART 72—DEATHS AND ESTATES Reporting the Deaths of United States Nationals Sec. 72.1 Definitions. 72.2 Consular responsibility. 72.3 Exceptions. 72.4 Notifications of death. 72.5 Final report of death. 72.6 Report of presumptive death. Disposition of Remains 72.7 Consular responsibility. Personal Estates of Deceased United States Citizens and Nationals 72.8 Regulatory responsibility of consular officer. 72.9 Responsibility if legal representative is present. 72.10 Responsibility if a will intended to operate locally exists. 72.11 Responsibility if a will intended to operate in the United States exists. 72.12 Bank deposits in foreign countries. 72.13 Effects to be taken into physical possession. 72.14 Nominal possession; property not normally taken into physical possession. 72.15 Action when possession is impractical. 72.16 Procedure for inventorying and appraising effects. 72.17 Final statement of account. 72.18 Payment of debts owed by decedent. 72.19 Consular officer ordinarily not to act as administrator of estate. 72.20 Prohibition against performing legal services or employing counsel. 72.21 Consular officer not to assume financial responsibility. 72.22 Release of personal estate to legal representative. 72.23 Affidavit of next of kin. 72.24 Conflicting claims. 72.25 Transfer of personal estate to Department of State. 72.26 Vesting of personal estate in United States. 72.27 Export of cultural property. 72.28 Claims for lost, stolen, or destroyed personal estate. 72.29 Real property overseas belonging to deceased United States citizen or national. 72.30 Provisions in a Will or Advanced Directive Regarding Disposition of Remains. Fees 72.31 Fees for consular death and estate services. Authority: 22 U.S.C. 2715, 2715b, 2715c, 4196, 4197, 4198, 4199. Reporting Deaths of United States Nationals § 72.1 Definitions. For purposes of this part: “Consular officer” includes any United States citizen employee of the Department of State who is designated by the Department of State to perform consular services relating to the deaths and estates abroad of United States nationals. “Department” means the United States Department of State. “Legal representative” means—
(1)An executor designated by will intended to operate in the country where the death occurred or in the country where the deceased was residing at the time of death to take possession and dispose of the decedent's personal estate;
(2)An administrator appointed by a court of law in intestate proceedings in the country where the death occurred or in the country where the deceased was residing at the time of death to take possession and dispose of the decedent's personal estate;
(3)The next of kin, if authorized in the country where the death occurred or in the country where the deceased was residing at the time of death to take possession and dispose of the decedent's personal estate; or
(4)An authorized agent of the individuals described in paragraphs (b)(1), (b)(2) and (b)(3) of this section. § 72.2 Consular responsibility. Except as provided in § 72.3, when a consular officer learns that a United States citizen or non-citizen national has died in the officer's consular district, the officer should report the death to the Department. The officer should also endeavor to notify, or assist the Secretary of State in notifying, the next of kin (or legal guardian) and the legal representative, if different from the next of kin, as soon as possible. § 72.3 Exceptions. If a consular officer learns that a United States citizen or non-citizen national employee or dependent of an employee of a member of the United States Armed Forces, or a United States citizen or non-citizen national employee of another department or agency or a dependent of such an employee, or a Peace Corps volunteer as defined in 22 U.S.C. 1504(a) or dependent of a Peace Corps volunteer has died while in the officer's consular district while the employee or volunteer is on assignment abroad, the officer should notify the Department. The consular officer should not endeavor to notify the next of kin (or legal guardian) and legal representative of the death, but rather should assist, as needed, the appropriate military, other department or agency or Peace Corps authorities in making notifications of death with respect to such individual. § 72.4 Notifications of death. The consular officer should make best efforts to notify the next of kin (or legal guardian), if any, and the legal representative (if any, and if different from the next of kin), of the death of a United States citizen or non-citizen national by telephone as soon as possible, and then should follow up with a written notification of death. § 72.5 Final report of death.
(a)*Preparation.* Except in the case of the death of an active duty member of the United States Armed Forces, when there is a local death certificate or finding of death by a competent local authority, the consular officer should prepare a consular report of death (“CROD”) on the form prescribed by the Department. The CROD will list the cause of death that is specified on the local death certificate or finding of death. The consular officer should prepare an original Report of Death, which will be filed with the Vital Records Section of Passport Services at the Department of State. The consular officer will provide a certified copy of the Report of Death to the next of kin or other person with a valid need for the Report within six months of the time of death. The next of kin or other person with a valid need for the Report may obtain additional certified copies after six months by contacting the Department of State, Vital Records, Passport Services, 1111 19th St., NW., Rm. 510, Washington, DC 20036.
(b)*Provision to Department.* The consular officer should send the original of the CROD to the Department, with one additional copy for each agency concerned, if the deceased was:
(1)A recipient of continuing payments other than salary from the Federal Government; or
(2)An officer or employee of the Federal Government (other than a member of the United States Armed Services); or
(3)A Selective Service registrant of inductable age.
(c)*Provision to next of kin/legal representative.* The consular officer should provide a copy of the CROD to the next of kin (or legal guardian) or to each of the next of kin, in the event there is more than one ( *e.g.* more than one surviving child) and to any known legal representative who is not the next of kin.
(d)*Transmission of form to other consular districts.* If the consular officer knows that a part of the personal estate of the deceased is in a consular district other than that in which the death occurred, the officer should send a copy of the CROD to the consular officer in the other district.
(e)The Department may revoke a CROD if it determines in its sole discretion that the CROD was issued in error. § 72.6 Report of presumptive death.
(a)*Local finding.* When there is a local finding of presumptive death by a competent local authority, a consular officer should prepare a consular report of presumptive death on the form prescribed by the Department.
(b)*No local finding.*
(1)*No local finding.* A United States citizen or non-citizen national may disappear or be missing in circumstances where it appears likely that the individual has died, but there is no local authority able or willing to issue a death certificate or a judicial finding of death. This may include, for example, death in a plane crash where there are no identifiable remains, death in a plane crash beyond the territory of any country, death in an avalanche, disappearance/death at sea, or other sudden disaster where the body is not immediately (or perhaps ever) recoverable.
(2)*Authorization of issuance.* The Department may authorize the issuance of a consular report of presumptive death in such circumstances. A consular report of presumptive death may not be issued without the Department's authorization.
(3)*Considerations in determining whether the Department will authorize issuance of a Report of Presumptive Death.* The Department's decision whether to issue a Report of Presumptive Death is discretionary, and will be based on the totality of circumstances in each particular case. Although no one factor is conclusive or determinative, the Department will consider the factors cited below, among other relevant considerations, when deciding whether to authorize issuance in a particular case:
(i)Whether the death is believed to have occurred within a geographic area where no sovereign government exercises jurisdiction;
(ii)Whether the government exercising jurisdiction over the place where the death is believed to have occurred lacks laws or procedures for making findings of presumptive death;
(iii)Whether the government exercising jurisdiction over the place where the death is believed to have occurred requires a waiting period exceeding five years before findings of presumptive death may be made;
(iv)Whether the person who is believed to have died was seen to be in imminent peril by credible witnesses;
(v)Whether the person who is believed to have died is reliably known to have been in a place which experienced a natural disaster, or catastrophic event, that was capable of causing death;
(vi)Whether the person believed to have died was listed on the certified manifest of, and was confirmed to have boarded, an aircraft, or vessel, which was destroyed and, despite diligent search by competent authorities, some or all of the remains were not recovered or could not be identified;
(vii)Whether there is evidence of fraud, deception, or malicious intent.
(c)*Processing.* Consular reports of presumptive death should be processed and issued in accordance with § 72.5.
(d)*Revocation.* The Department may revoke a report of presumptive death if it determines in its sole discretion that the report was issued in error. Disposition of Remains § 72.7 Consular responsibility.
(a)A consular officer has no authority to create Department or personal financial obligations in connection with the disposition of the remains of a United States citizen or non-citizen national who dies abroad. Responsibility for the disposition of the remains and all related costs (including but not limited to costs of embalming or cremation, burial expenses, cost of a burial plot or receptacle for ashes, markers, and grave upkeep), rests with the legal representative of the deceased. In the absence of a legal representative (including when the next of kin is not a legal representative), the consular officer should ask the next of kin to provide funds and instructions for disposition of remains. If the consular officer cannot locate a legal representative or next of kin, the consular officer may ask friends or other interested parties to provide the funds and instructions.
(b)Arrangements for the disposition of remains must be consistent with the laws and regulations of the host country and any relevant United States laws and regulations. Local law may, for example, require an autopsy, forbid cremation, require burial within a certain period of time, or specify who has the legal authority to make arrangements for the disposition of remains.
(c)If funds are not available for the disposition of the remains within the period provided by local law for the interment or preservation of dead bodies, the remains must be disposed of by the local authorities in accordance with local law or regulations. Personal Estates of Deceased United States Citizens and Nationals § 72.8 Regulatory responsibility of consular officer.
(a)A consular officer should act as provisional conservator of the personal estate of a United States citizen or non-citizen national who dies abroad in accordance with, and subject to, the provisions of §§ 72.9 through 72.27. The consular officer may act as provisional conservator only with respect to the portion of the personal estate located within the consular officer's district.
(b)A consular officer may act as provisional conservator only to the extent that doing so is:
(1)Authorized by treaty provisions;
(2)Not prohibited by the laws or authorities of the country where the personal estate is located; or
(3)Permitted by established usage in that country. § 72.9 Responsibility if legal representative is present.
(a)A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the foreign country.
(b)If the consular officer learns that a legal representative is present after the consular officer has taken possession and/or disposed of the personal estate but prior to transmission of the proceeds and effects to the Secretary of State pursuant to § 72.25, the consular officer should follow the procedures specified in § 72.22. § 72.10 Responsibility if a will intended to operate locally exists.
(a)If a will that is intended to operate in the foreign country is discovered and the legal representative named in the will qualifies promptly and takes charge of the personal estate in the foreign country, the consular officer should assume no responsibility for the estate, and should not take possession, inventory and dispose of the personal property and effects or in any way serve as agent for the legal representative.
(b)If the legal representative does not qualify promptly and if the laws of the country where the personal estate is located permit, however, the consular officer should take appropriate protective measures such as—
(1)Requesting local authorities to provide protection for the property under local procedures; and/or
(2)Placing the consular officer's seal on the personal property of the decedent, such seal to be broken or removed only at the request of the legal representative.
(c)If prolonged delays are encountered by the local or domiciliary legal representative in qualifying and/or making arrangements to take charge of the personal estate, the consular officer should consult the Department concerning whether the will should be offered for probate. § 72.11 Responsibility if a will intended to operate in the United States exists. The consular officer immediately should forward any will that is intended to operate in the United States and that is among the effects taken into possession to the person or persons designated as executor(s). When the executor(s) cannot be located, the consular officer should send the will to the appropriate court in the State of the decedent's domicile. Until the consular officer knows that a legal representative is present in the foreign country and has qualified or made arrangements to take charge of the personal estate, the consular officer should act as provisional conservator in accordance with § 72.8. § 72.12 Bank deposits in foreign countries.
(a)A consular officer is not authorized to withdraw or otherwise dispose of bank accounts and other assets deposited in financial institutions left by a deceased United States citizen or non-citizen national in a foreign country. Such deposits or other assets are not considered part of the personal estate of a decedent.
(b)The consular officer should report the existence of bank accounts and other assets deposited in financial institutions of which the officer becomes aware to the legal representative, if any. The consular officer should inform the legal representative of the procedures required by local law and the financial institution to withdraw such deposits, and should provide a list of local attorneys in the event counsel is necessary to assist in withdrawing the funds.
(c)A consular officer may not under any circumstances withdraw funds left by a deceased United States citizen or non-citizen national in a bank or financial institution in a foreign country without express approval and specific instructions from the Department. § 72.13 Effects to be taken into physical possession.
(a)A consular officer normally should take physical possession of articles such as the following:
(1)Convertible assets, such as currency, unused transportation tickets, negotiable evidence of debts due and payable in the consular district, and any other instruments that are negotiable by the consular officer;
(2)Luggage;
(3)Wearing apparel;
(4)Jewelry, heirlooms, and articles generally of sentimental value (such as family photographs);
(5)Non-negotiable instruments, which include any document or instrument not negotiable by the consular officer because it requires either the signature of the decedent or action by, or endorsement of, the decedent's legal representative. Nonnegotiable instruments include, but are not limited to, transportation tickets not redeemable by the consular officer, traveler's checks, promissory notes, stocks, bonds or similar instruments, bank books, and books showing deposits in building and loan associations; and
(6)Personal documents and papers.
(b)All articles taken into physical possession by a consular officer should be kept in a locked storage area on post premises. If access to storage facilities on the post premises cannot be adequately restricted, the consular officer may explore the possibility of renting a safe deposit box if there are funds available in the estate or from other sources (such as the next of kin). § 72.14 Nominal possession; property not normally taken into physical possession.
(a)When a consular officer takes articles of a decedent's personal property from a foreign official or other persons for the explicit purpose of immediate release to the legal representative such action is not a taking of physical possession by the officer. Before releasing the property, the consular officer must require the legal representative to provide a release on the form prescribed by the Department discharging the consular officer of any responsibility for the articles transferred.
(b)A consular officer is not normally expected to take physical possession of items of personal property such as:
(1)Items of personal property found in residences and places of storage such as furniture, household effects and furnishings, works of art, and book and wine collections, unless such items are of such nature and quantity that they can readily be taken into physical possession with the rest of the personal effects;
(2)Motor vehicles, airplanes or watercraft;
(3)Toiletries, such as toothpaste or razors;
(4)Perishable items.
(c)The consular officer should in his or her discretion take appropriate steps permitted under the laws of the country where the personal property is located to safeguard property in the personal estate that is not taken into the officer's physical possession including such actions as:
(1)Placing the consular officer's seal on the premises or on the property (whichever is appropriate;
(2)Placing such property in safe storage such as a bonded warehouse, if the personal estate contains sufficient funds to cover the costs of such safekeeping; and/or
(3)If property that normally would be sealed by the consular officer is not immediately accessible, requesting local authorities to seal the premises or the property or otherwise ensure that the property remains intact until consular seals can be placed thereon, the property can be placed in safe storage, or the legal representative can assume responsibility for the property.
(d)The consular officer may decide in his or her discretion to discard toiletries and perishable items. § 72.15 Action when possession is impractical.
(a)A consular officer should not take physical possession of the personal estate of a deceased United States citizen or non-citizen national in his or her consular district when the consular officer determines in his or her discretion that it would be impractical to do so.
(b)In such cases, the consular officer should take action that he or she determines in his or her discretion would be appropriate to protect the personal estate such as:
(1)Requesting the persons, officials or organizations having custody of the personal estate to ship the property to the consular officer, if the personal estate contains sufficient funds to cover the costs of such shipment; or
(2)Requesting local authorities to safeguard the property until a legal representative can take physical possession. § 72.16 Procedure for inventorying and appraising effects.
(a)After taking physical possession of the personal estate of a deceased United States citizen or non-citizen national, the consular officer should promptly inventory the personal effects.
(b)If the personal estate taken into physical possession includes apparently valuable items, the consular officer may, in his or her discretion, seek a professional appraisal for such items, but only to the extent that there are funds available in the estate or from other sources (such as the next of kin) to cover the cost of appraisal.
(c)The consular officer should also prepare a list of articles not taken into physical possession, with an indication of any measures taken by the consular officer to safeguard such items for submission with the inventory of effects. § 72.17 Final statement of account. The consular officer may have to account directly to the parties in interest and to the courts of law in estate matters. Consequently, the officer should keep an account of receipts and expenditures for the personal estate of the deceased, and must prepare a final statement of account when turning over the estate to the legal representative, a claimant, or the Department. § 72.18 Payment of debts owed by decedent. The consular officer may pay debts of the decedent which the consular officer believes in his or her discretion are legitimately owed in the country in which the death occurred, or in the country in which the decedent was residing at the time of death, including expenses incident to the disposition of the remains and the personal effects, out of the convertible assets of the personal estate taken into possession by the consular officer. § 72.19 Consular officer is ordinarily not to act as administrator of estate.
(a)A consular officer is not authorized to accept appointment from any foreign state or from a court in the United States and/or to act as administrator or to assist (except as provided in §§ 72.8 to 72.30) in administration of the personal estate of a United States citizen or non-citizen national who has died, or was residing at the time of death, in his or her consular district, unless the Department has expressly authorized the appointment. The Department will authorize such an appointment only in exceptional circumstances and will require the consular officer to execute bond consistent with 22 U.S.C. 4198 and 4199.
(b)The Department will not authorize a consular officer to serve as an administrator unless:
(1)Exercise of such responsibilities is:
(i)Authorized by treaty provisions or permitted by the laws or authorities of the country where the United States citizen or national died or was domiciled at the time of death; or
(ii)Permitted by established usage in that country; and
(2)The decedent does not have a legal representative in the consular district. § 72.20 Prohibition against performing legal services or employing counsel. A consular officer may not act as an attorney or agent for the estate of a deceased United States citizen or non-citizen national overseas or employ counsel at the expense of the United States Government in taking possession and disposing of the personal estate of a United States citizen or non-citizen national who dies abroad, unless specifically authorized in writing by the Department. If the legal representative or other interested person wishes to obtain legal counsel, the consular officer may furnish a list of attorneys. § 72.21 Consular officer not to assume financial responsibility. A consular officer is not authorized to assume any financial responsibility or to incur any expense on behalf of the United States government in collecting and disposing of the personal estate of a United States citizen or national who dies abroad. A consular officer may incur expenses on behalf of the estate only to the extent that there are funds available in the estate or from other sources (such as the next of kin). § 72.22 Release of personal estate to legal representative.
(a)If a person or entity claiming to be a legal representative comes forward at any time prior to transmission of the decedent's personal estate to the Secretary of State under 22 CFR 72.25, the consular officer may release the personal estate in his or her custody to the legal representative provided that:
(1)The legal representative presents satisfactory evidence of the legal representative's right to receive the estate;
(2)The legal representative pays any fees prescribed for consular services provided in connection with the disposition of remains or protection of the estate (see 22 CFR § 22.1);
(3)The legal representative executes a release in the form prescribed by the Department; and
(4)The Department approves the release of the personal estate.
(b)Satisfactory evidence of the right to receive the estate may include:
(1)In the case of an executor, a certified copy of letters testamentary or other evidence of legal capacity to act as executor;
(2)In the case of an administrator, a certified copy of letters of administration or other evidence of legal capacity to act as administrator;
(3)In the case of the agent of an executor or administrator, a power of attorney or other document evidencing agency (in addition to evidence of the executor's or administrator's legal capacity to act). § 72.23 Affidavit of next of kin. If the United States citizen or non-citizen national who has died abroad did not leave a will that applies locally, and the personal estate in the consular district consists only of clothing and other personal effects that the consular officer concludes in his or her discretion is worth less than $2000 and/or cash of a value equal to or less than $2000, the consular officer may decide in his or her discretion to accept an affidavit from the decedent's next of kin as satisfactory evidence of the next of kin's right to take possession of the personal estate. The Department must approve any release based on an affidavit of next of kin where the consular officer concludes that the personal estate effects are worth more than $2000 and/or the cash involved is of a value more than $2000 and generally will consider approving such releases only in cases where state law prohibits the appointment of executors or administrators for estates that are valued at less than a specified amount and the law of the foreign country where the personal property is located would not prohibit such a release. § 72.24 Conflicting claims. Neither the consular officer nor the Department of State has the authority or responsibility to mediate or determine the validity or order of contending claims to the personal estate of a deceased United States citizen or non-citizen national. If rival claimants, executors or administrators demand the personal estate in the consular officer's possession, the officer should not release the estate to any claimant until a legally binding agreement in writing has been reached or until the dispute is settled by a court of competent jurisdiction, and/or the Department has approved the release. § 72.25 Transfer of personal estate to Department of State.
(a)If no claimant with a legal right to the personal estate comes forward, or if conflicting claims are not resolved, within one year of the date of death, the consular officer should sell or dispose of the personal estate (except for financial instruments, jewelry, heirlooms, and other articles of obvious sentimental value) in the same manner as United States Government-owned foreign excess property under Title IV of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 511 *et seq.* ). If, however, a reasonable amount of additional time is likely to permit final settlement of the estate, the consular officer may in his or her discretion postpone the sale for that period of additional time.
(b)The consular officer should send to the custody of the Department the proceeds of any sale, together with all financial instruments (including bonds, shares of stock and notes of indebtedness), jewelry, heirlooms and other articles of obvious sentimental value, to be held in trust for the legal claimant(s). ( c) After receipt of a personal estate, the Department may seek payment of all outstanding debts to the estate as they become due, may receive any balances due on such estate, may endorse all checks, bills of exchange, promissory notes, and other instruments of indebtedness payable to the estate for the benefit thereof, and may take such other action as is reasonably necessary for the conservation of the estate. § 72.26 Vesting of personal estate in United States.
(a)If no claimant with a legal right to the personal estate comes forward within the period of five fiscal years beginning on October 1 after the consular officer took possession of the personal estate, title to the personal estate shall be conveyed to the United States, the property in the estate shall be under the custody of the Department, and the Department may dispose of the estate under as if it were surplus United States Government-owned property under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 4811 *et seq.* ) or by such means as may be appropriate as determined by Department in its discretion in light of the nature and value of the property involved. The expenses of sales shall be paid from the estate, and any lawful claim received thereafter shall be payable to the extent of the value of the net proceeds of the estate as a refund from the appropriate Treasury appropriations account.
(b)The net cash estate shall be transferred to the miscellaneous receipts account of the Treasury of the United States. § 72.27 Export of cultural property.
(a)A consular officer should not ship, or assist in the shipping, of any archeological, ethnological, or cultural property, as defined in 19 U.S.C. 2601, that the consular officer is aware is part of the personal estate of a United States citizen or non-citizen national to the United States in order to avoid conflict with laws prohibiting or conditioning such export.
(b)A consular officer may refuse to ship, or assist in the shipping, of any property that is part of the personal estate of a United States citizen or non-citizen national if the consular officer has reason to believe that possession or shipment of the property would be illegal. § 72.28 Claims for lost, stolen, or destroyed personal estate.
(a)The legal representative of the estate of a deceased United States citizen or national may submit a claim to the Secretary of State for any personal property of the estate with respect to which a consular officer acted as provisional conservator, and that was lost, stolen, or destroyed while in the custody of officers or employees of the Department of State. Any such claim should be submitted to the Office of Legal Adviser, Department of State, in the manner prescribed by 28 CFR part 14 and will be processed in the same manner as claims made pursuant to 22 U.S.C. 2669-1 and 2669(f).
(b)Any compensation paid to the estate shall be in lieu of the personal liability of officers or employees of the Department to the estate.
(c)The Department nonetheless may hold an officer or employee of the Department liable to the Department to the extent of any compensation provided to the estate. The liability of the officer or employee shall be determined pursuant to the Department's procedures for determining accountability for United States government property. § 72.29 Real property overseas belonging to deceased United States citizen or national.
(a)If a consular officer becomes aware that the estate of a deceased United States citizen or national includes an interest in real property located within the consular officer's district that will not pass to any person or entity under the applicable local laws of intestate succession or testamentary disposition, and if local law provides that title may be conveyed to the Government of the United States, the consular officer should notify the Department.
(b)If the Department decides that it wishes to retain the property for its use, the Department will instruct the consular officer to take steps necessary to provide for title to the property to be conveyed to the Government of the United States.
(c)If title to the real estate is conveyed to the Government of the United States and the property is of use to the Department of State, the Department may treat such property as if it were an unconditional gift accepted on behalf of the Department of State under section 25 of the State Department Basic Authorities Act (22 U.S.C. 2697) and section 9(a)(3) of the Foreign Service Buildings Act of 1926 (22 U.S.C. 300(a)3).
(d)If the Department of State does not wish to retain such real property, the Department may treat it as foreign excess property under title IV of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 511 *et seq.* ). § 72.30 Provisions in a Will or Advanced Directive Regarding Disposition of Remains. United States state law regarding advance directives, deaths and estates include provisions regarding a person's right to direct disposition of remains. Host country law may or may not accept such directions, particularly if the surviving spouse/next-of-kin disagree with the wishes of the testator/affiant. Fees § 72.31 Fees for consular death and estates services.
(a)Fees for consular death and estates services are prescribed in the Schedule of Fees, 22 CFR 22.1.
(b)The personal estates of all officers and employees of the United States who die abroad while on official duty, including military and civilian personnel of the Department of Defense and the United States Coast Guard are exempt from the assessment of any fees proscribed by the Schedule of Fees. Dated: September 28, 2006. Maura A. Harty, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E6-17591 Filed 10-23-06; 8:45 am] BILLING CODE 4710-06-P ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 36 CFR Parts 1193 and 1194 Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards AGENCY: Architectural and Transportation Barriers Compliance Board. ACTION: Notice of meeting. SUMMARY: The Architectural and Transportation Barriers Compliance Board (Access Board) has established a Telecommunications and Electronic and Information Technology Advisory Committee (Committee) to assist it in revising and updating accessibility guidelines for telecommunications products and accessibility standards for electronic and information technology. This notice announces the dates, time, and location of the second committee meeting, which will be open to the public. DATES: The meeting is scheduled for November 8 and 9, 2006 (beginning at 9 a.m. and ending at 5 p.m. each day). Notices of future meetings will be published in the **Federal Register** . ADDRESSES: The meeting will be held at the U.S. Department of Education, Potomac Center Plaza, 10th Floor Auditorium, 550 12th Street, SW., Washington, DC 20202. FOR FURTHER INFORMATION CONTACT: Timothy Creagan, Office of Technical and Information Services, Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone number: 202-272-0016 (Voice); 202-272-0082 (TTY). Electronic mail address: *creagan@access-board.gov.* SUPPLEMENTARY INFORMATION: The Telecommunications and Electronic and Information Technology Advisory Committee held its first meeting September 27-29, 2006 in Arlington, Virginia at the National Science Foundation. The Board organized this Committee to review its standards for electronic and information technology covered by section 508 of the Rehabilitation Act and to provide recommendations on how they should be updated. The Committee will also address updating the Board's guidelines for telecommunications products covered by section 255 of the Telecommunications Act. At the first meeting, the Board provided a briefing on regulations governing committees of this type under the Federal Advisory Committee Act. The Committee reviewed and approved protocols that will govern its work and meetings. The Committee's objectives, milestones, subcommittee structure, and meeting schedule were also discussed. Members heard presentations and panel discussions on issues that need to be explored as recommended by government, consumer, and industry representatives. Information was provided on various accessibility initiatives in the U.S. and abroad relating to electronic and information technology. This included updates on efforts to develop standards by the European Union, the Japanese Standards Association, Industry Canada, and Australia's Human Rights and Equal Opportunity Commission. Prior to its first meeting, over 120 organizations applied to serve on the Committee. In order to keep the Committee to a size that can be effective, it was necessary to limit membership. It is also important to have balance among members of the Committee representing different clusters of interest, such as disability organizations and the technology industry. Some organizations that were not accepted asked that their applications be reconsidered. Additionally, some organizations learned about the Committee too late to submit an application. Accordingly, time was set aside at the first meeting to allow organizations to submit an application directly to the committee to be considered for membership. At the first meeting, 10 organizations applied to the Committee to be considered for membership. One organization, AOL LLC, was added. In keeping with the Committee's protocols, as adopted at its first meeting, there will be time set aside on the agenda during the November meeting to allow additional organizations to have their applications considered. This is currently scheduled for Friday, November 9 at approximately 2:30 p.m. Organizations seeking to be added to the Committee are encouraged to contact Timothy Creagan prior to the meeting ( *see* contact information, above). A draft meeting agenda and other information about the Committee, including tentative future meeting dates and information on subcommittees are available on the Access Board's Web site ( *http://www.access-board.gov/sec508/update-index.htm* ) or at a special Web site created for the Committee's work ( *http://teitac.org* ). The site includes a calendar for the subcommittee meetings, e-mail distribution lists, and a “Wiki” ( *http://teitac.org/wiki/TEITAC_Wiki* ) which provides interactive online work space. Committee meetings are open to the public and interested persons can attend the meetings and communicate their views. Members of the public will have an opportunity to address the Committee on issues of interest to them and the Committee during public comment periods scheduled on each day of the meeting. Members of groups or individuals who are not members of the Committee are invited to participate on subcommittees that were formed at the first meeting. The Access Board believes that participation of this kind is very valuable to the advisory committee process. The meeting site is accessible to individuals with disabilities. Sign language interpreters and real-time captioning will be provided in the main committee meeting room. Due to logistical issues regarding the available space in smaller meeting rooms which may be used for breakout sessions, it is essential that individuals who require sign language interpreters or real-time captioning, contact Timothy Creagan by November 2, 2006 ( *see* contact information, above). For the comfort of other participants, persons attending Committee meetings are requested to refrain from using perfume, cologne, and other fragrances. Due to security measures at the Department of Education, all attendees must notify Timothy Creagan of their intent to attend the meeting ( *see* contact information, above). Pre-registration is required for expeditious entry into the facility and will enable the Board to provide additional information as needed. Lawrence Roffee, Executive Director. [FR Doc. E6-17758 Filed 10-23-06; 8:45 am] BILLING CODE 8150-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 51 [EPA-HQ-OAR-2003-0076; FRL-8233-3] RIN 2060-AH37 Review of New Sources and Modifications in Indian Country AGENCY: Environmental Protection Agency (EPA). ACTION: Announcement of extension of comment period. SUMMARY: The EPA is announcing an extension of the public comment period on our proposed Review of New Sources and Modification in Indian Country Federal Implementation Plan
(FIP)(August 21, 2006). The proposed FIP changes would include two basic air quality regulations for the protection of communities in Indian country. The first rule would apply to minor stationary sources and minor modifications at major stationary sources in Indian country (minor New Source Review
(NSR)rule). The second rule would apply to all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining the National Ambient Air Quality Standards (NAAQS) (nonattainment major NSR rule). These rules would be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan for an area of Indian country. The EPA is extending the public comment period from November 20, 2006 to January 19, 2007. The EPA is extending the public comment period by 60 days because of the number of requests we received in a timely manner. DATES: *Comments.* Comments must be received on or before January 19, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2003-0076, by one of the following methods: • *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *E-mail:* *a-and-r-docket@epamail.epa.gov.* • *Fax:* 202-566-1741. • *Mail:* Attention Docket ID No. EPA-HQ-OAR-2003-0076, U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460. Please include a total of 2 copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • *Hand Delivery:* U.S. Environmental Protection Agency, EPA West (Air Docket), 1301 Constitution Avenue, Northwest, Room B-102, Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2003-0076. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions.* Direct your comments to Docket ID No. EPA-HQ-OAR-2003-0076. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.,* CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the U.S. Environmental Protection Agency, Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air Docket is
(202)566-1742. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA's **Federal Register** notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at *http://www.epa.gov/epahome/dockets.htm* for current information on docket operations, locations and telephone numbers. The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to *http://www.regulations.gov* are not affected by the flooding and will remain the same. FOR FURTHER INFORMATION CONTACT: For technical information, contact Jessica Montanez, Air Quality Policy Division, U.S. EPA, Office of Air Quality Planning and Standards (C504-03), Research Triangle Park, North Carolina 27711, telephone number
(919)541-3407, facsimile number
(919)541-5509, electronic mail e-mail address: *montanez.jessica@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI Do not submit this information to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2003-0076. 2. Tips for Preparing Your Comments When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. B. Where Can I Get a Copy of This Document and Other Related Information? In addition to being available in the docket, an electronic copy of this proposal will also be available on the WWW. Following signature by the EPA Administrator, a copy of this notice will be posted in the regulations and standards section of our NSR home page located at *http://www.epa.gov/nsr* and on the tribal air home page at *http://www.epa.gov/oar/tribal.* Dated: October 12, 2006. Jeffrey S. Clark, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E6-17809 Filed 10-23-06; 8:45 am] BILLING CODE 6560-50-P AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Part 7 [USAID Acquisition Regulation “AIDAR”] RIN 0412-AA56 Application of Post Differential and Danger Pay Allowances To Extended Workweeks Under Cost-Reimbursement Type Contracts AGENCY: United States Agency for International Development. ACTION: Proposed rule. SUMMARY: The U.S. Agency for International Development (USAID) is proposing to amend its regulations by adding how Post-differential and Danger pay allowances will be applied to extended workweeks under cost-reimbursement type contracts. DATES: Submit comments on or before December 26, 2006. ADDRESSES: Submit comments, identified by title of the Proposed Action, and RIN number by any of the following methods: *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *E-mail: federalregistercomments@usaid.gov.* Include title of the proposed action, and RIN number in the subject line of the message. *Fax:* 202-216-3135. *Mail:* U. S. Agency for International Development, Office of Acquisition & Assistance, Policy Division, 1300 Pennsylvania Avenue, NW., Room 7.9-18, Washington, DC 20523-0001. *Instructions:* All submissions must include the title of the proposed action, and Regulatory Information Number
(RIN)for this rulemaking. Please include your name, title, organization, postal address, telephone number, and e-mail address in the text of the message. FOR FURTHER INFORMATION CONTACT: Carol Ketrick, Telephone: 202-712-1382, E-mail: *cketrick@usaid.gov.* SUPPLEMENTARY INFORMATION: *Public Participation:* Because security screening precautions have slowed the delivery and dependability of surface mail to USAID/Washington, USAID recommends sending all comments to the Federal eRulemaking Portal, e-mail address, or fax number listed above (all comments must be in writing to be reviewed). You may submit comments by electronic mail avoiding the use of any special characters and any form of encryption. All comments will be made available for public review without change, including any personal information provided, from three days after receipt to finalization of rule at *http://www.usaid.gov/policy/regulations/index.html.* A. Background Based on a recent surge in requests to interpret the applicable regulations for Post differential and Danger pay allowances associated with contract awards in Iraq and Afghanistan, we feel it prudent to amend 48 CFR 752.7028 of the USAID Acquisition Regulations (the “AIDAR”) to clarify the existing policy. This clarification brings the policy in line with that applied to direct-hire employees. The Department of State's Standardized Regulations
(DSSR)provide those regulations governing allowances, differentials and defraying of official residence expenses for employees in foreign areas. The DSSR provides the following definitions for the allowances noted above as follows: “Post allowance” is “a cost-of-living allowance granted to an employee officially stationed at a post in a foreign area where the cost of living, exclusive of quarters costs, is substantially higher than in Washington, DC”. It is additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental U.S. and warrant additional compensation as a recruitment and retention incentive. “Danger Pay Allowance” means the “additional compensation of up to 35 percent over basic compensation granted to employees for service at designated danger pay posts.” Direct hire employees are compensated in accordance with the DSSR which defines basic compensation as the rate of compensation fixed by statute for the position held by an employee: administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States, before any deduction is made and without taking into consideration any additional compensation such as overtime pay, night pay differential, hazard differential, extra pay for work on holidays, post differential, and allowances * * *”. Further, the Department of State Foreign Affairs Manual,
(FAM)3 FAM-2333.1-1 establishes the basic workweek for full-time employees as being a 40-hour workweek. Recent contract awards in Iraq and Afghanistan have resulted in circumstances where the contractor may be authorized to work in excess of a 40-hour workweek. Mission direct-hire employees have, in some instances, worked more than a 40-hour workweek; however, for purposes of calculating Danger pay allowance, these additional hours are not included in the amount defined as “basic compensation”. In order to clarify USAID policy aligning payment of allowances with that of direct-hire employees, the Proposed Rule would amend 48 CFR 752.7028 to reflect USAID's policy that Post-differential and Danger Pay allowances are to be calculated by applying the percentage rates to a maximum 40-hour workweek, regardless of whether the contractor has been authorized a workweek in excess of 40 hours. The proposed amendments made under this case are intended to be applicable only to USAID cost reimbursement type contracts; however, the policy would also apply to contracts or task orders using other than a cost-reimbursement pricing structure but that allow for the reimbursement of costs for these allowances. USAID is interested in hearing from contractors regarding the effect on contractors' standard policies regarding employee benefits. USAID also seeks comment on the inclusion of an exception to the above limitation which would allow Mission Directors to authorize calculation of post-differential and danger percentages applied to a workweek in excess of 40 hours as approved by a contracting officer. In addition to the clarification of the policy, the applicable clause is modified to delete reference to the Supplemental post allowance to reflect the elimination of that allowance from the Department of States' Standardized Regulations (Government Civilians, Foreign Areas), Chapter 230. B. Regulatory Planning and Review This is not a significant regulatory action and, therefore, is subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq.* ), USAID has considered the economic impact of the rule and has determined that its provisions would not have a significant economic impact on a substantial number of small entities. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the AIDAR do not impose information collection requirements that 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 7 Government procurement. For the reasons set forth in the preamble, the U. S. Agency for International Development proposes to amend 48 CFR part 7 as follows: 1. The authority citation for 48 CFR part 7 continues to read as follows: Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2. Amend Section 752.7028 by revising paragraph (a), removing and reserving paragraph (e), and adding a sentence at the end of paragraph (j)(1) to read as follows: § 752.7028 Differential and allowances.
(a)*Post differential.* Post differential is an additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States and warrant additional compensation as a recruitment and retention incentive.
(1)In areas where post differential is paid to USAID direct-hire employees, post differentials not to exceed the percentage of salary as is provided such USAID employees in accordance with the Standardized Regulations (Government civilians, Foreign Areas), Chapter 500 (except the limitation contained in Section 552, “Ceiling on Payment”) Tables—Chapter 900, as from time to time amended, will be reimbursable hereunder for employees in respect to amounts earned during the time such employees actually spend overseas on work under this contract. (See Standardized Regulation 510). Payments for post differential are limited to that percentage rate applied to a maximum 40-hour work week, regardless of whether the contracting officer has authorized a work week in excess of 40 hours. Exceptions to this policy may be granted either by the Mission Director or the Assistant Administrator having program responsibility for the project.
(2)When such post differential is provided to regular employees of the Contractor, it shall be payable beginning on the date of arrival at the post of assignment and continue, including periods away from post on official business, until the close of business on the day of departure from post of assignment en route to the United States. Sick or vacation leave taken at or away from the post of assignment will not interrupt the continuity of the assignment or require a discontinuance of such post differential payments, provided such leave is not taken within the United States or the territories of the United States. Post differential will not be payable while the employee is away from his/her post of assignment for purposes of home leave. Short-term employees shall be entitled to post differential beginning with the forty-third
(43rd)day at post.
(e)Reserved.
(1)* * * Payments for danger pay are limited to that percentage of basic compensation as established by the Standardized Regulations applied to a maximum 40-hour work week, regardless of whether the contracting officer has authorized a work week in excess of 40 hours. Exceptions to this policy may be granted either by the Mission Director or the Assistant Administrator having program responsibility for the project. Dated: October 12, 2006. Michael F. Walsh, Procurement Executive. [FR Doc. E6-17543 Filed 10-23-06; 8:45 am] BILLING CODE 6116-01-P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 12, 13, 32, 33, 36, 42, and 52 [FAR Case 2005-018] RIN: 9000-AK59: Docket 2006-0020; Sequence 11 Federal Acquisition Regulation; FAR Case 2005-018, Contract Debts AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation
(FAR)to revise the policies and procedures for contract debts. DATES: Interested parties should submit written comments to the FAR Secretariat on or before December 26, 2006 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2005-018 by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Search for any document by first selecting the proper document types and selecting “Federal Acquisition Regulation” as the agency of choice. At the “Keyword” prompt, type in the FAR case number (for example, FAR Case 2006-001) and click on the “Submit” button. You may also search for any document by clicking on the “Advanced search/document search” tab at the top of the screen, selecting from the agency field “Federal Acquisition Regulation”, and typing the FAR case number in the keyword field. Select the “Submit” button. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions:* Please submit comments only and cite FAR case 2005-018 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov,* including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Olson at
(202)501-3221 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at
(202)501-4755. Please cite FAR case 2005-018. SUPPLEMENTARY INFORMATION: A. Background In 2003, the DoD Comptroller established the DoD Accounts Receivable Workgroup to evaluate the processes and procedures for reporting accounts receivables. This Workgroup concluded that contracting officers may not be properly reporting contract debts. Based on the Workgroup’s recommendations, DoD established a Contract Debt Integrated Process Team (IPT). The mission of the IPT was to evaluate the adequacy of DoD’s existing controls and procedures for ensuring that contract debts are identified and recovered in a timely manner, properly accounted for in DoD’s books and records, and properly coordinated with the appropriate Government Officials. Contract debts result from compliance, or a failure to comply, with the terms of a contract and include debts identified by auditors, contracting officers, disbursing officials, and contractors. On May 26, 2005, a final report was issued that included a number of recommended FAR changes to improve contract debt controls and procedures, and to ensure consistency within/between existing regulations. The Councils established this case to evaluate the DoD recommendations. As a result of this review, the Councils are proposing the revisions discussed below. In addition, the Councils are considering whether the current provisions regarding interest provisions are sufficient. In particular, concerns have been expressed over the current timeline for computing interest. The Councils agreed to defer this issue for consideration to a later date (including a possible public meeting). 1. **Reorganize FAR Subpart 32.6** . Reorganizes FAR Subpart 32.6 to add clarity and provide a logical sequence. The Subpart has been reorganized as follows: 32.600 Scope of subpart. 32.601 General. 32.602 Responsibilities. 32.603 Debt determination. 32.604 Demand for payment. 32.605 Final decisions. 32.606 Debt collection. 32.607 Installment payments and deferment of collection. 32.607-1Installment payments. 32.607-2Deferment of collection. 32.608Interest. 32.608-1Interest charges. 32.608-2Interest credits. 32.609 Delays in receipt of notices or demands. 32.610 Compromising debts. 32.611 Contract clause. 2. **Scope of Subpart** . Revise FAR 32.600 to provide a more accurate description of the scope of this FAR subpart. FAR 32.6 prescribes policies and procedures for identifying, collecting, and deferring contract debts (including interest, if applicable). 3. **Responsible Official** . Replace the term “responsible official” with the specific individual/organization responsible for fulfilling the FAR requirement. Some of the responsibilities currently listed are assigned to one individual/organization ( *e.g.* , the Procuring Contracting Officer) and other responsibilities are assigned to another individual/organization (e.g., the payment office). To assure a clear understanding of the process and applicable duties, the proposed rule specifies the responsible party for each required action( *e.g.* , the Procuring Contracting Officer, the Administrative Contracting Officer, the payment office, etc.) rather than referring to all parties as “responsible officials.” 4. **Contract Debt** - General. Revise FAR 32.601 to specify what constitutes a contract debt, rather than how a contract debt may arise. In addition, amend this section to include payments determined to be in excess of contract limitations for commercial financing, since such payments constitute a contract debt. 5. **Contract Debt Responsibilities - Identifying, Demanding Payment, Collecting, and Liquidating.** Add a section to clearly define the responsibilities of the contracting officer and the payment officials to assure an efficient and non-duplicative process. Under the proposed rule the--
(a)The contracting officer is responsible for identifying a contract debt and demanding payment of a contract debt. The contracting officer is prohibited from collecting contract debts or otherwise liquidating contract debts ( *e.g.* , offsetting the amount of the debt against existing unpaid bills due the contractor or allowing contractors to retain contract debts to cover amounts that may be payable to the contractor in the future).
(b)The payment office is responsible for collecting payment of the contract debt and liquidating the contract debt. 6. **Contract Debt Determinations** Consolidate all discussions of contract debt determinations in FAR 32.603, Debt Determinations, including the responsibility of the contracting officer in making debt determinations. 7. **Tax Credit.** Delete the current FAR 32.607 because the referenced tax credit (Sec. 1481) was repealed on November 5, 1990, by Public Law 101-508. 8. **Demand for Payment** . Consolidate all discussions of the demand for payment in a single section, at FAR 32.604, Demand for Payment to include:
(a)A requirement to issue the demand letter except in specific circumstances.
(b)A requirement that the demand letter include accounting information to enable the payment office to correctly record the amounts in the proper accounts.
(c)A requirement that the demand letter include the amount of interest owed under statutes that require interest assessments from the date of noncompliance to the date of re-payment (CAS and TINA).
(d)A paragraph implementing the requirements of 31 U.S.C. 3717(e)(1) and the Debt Collection Improvement Act of 1996; and
(e)A paragraph addressing instances where overpayments exist but a demand for payment is not necessary. 9. **Final Decisions** . Consolidate all discussions of final decisions in a single section at FAR 32.605, Final Decisions, to include:
(a)When a final decision must be issued;
(b)A statement that the due date for a demand letter is not extended simply because a final decision is being issued;
(c)A need to obtain evidence of receipt by the contractor to establish the starting date for interest computations and the statute of limitations. 10. **Debt Collection.** Consolidate all discussions of debt collection in a single section, at FAR 32.606, Debt Collection, to include:
(a)The current requirements at 32.612;
(b)The current requirements for transferring debts to the Department of Treasury; and
(c)A requirement to assure the debt is being collected by maintaining communication between the contracting officer and the payment office. 11. **Installment Payments and Deferment of Collection.** Clarify procedures for processing installment payments and deferment of collection requests. 12. **Interest.** Consolidate and simplify all discussions of interest in a single section at FAR 32.608, Interest, to include:
(a)The substance of the current language at 32.614;
(b)Computing interest on overpayments. 13. **FAR 12.215 and 32.008 - Notification of Overpayment** . Revise FAR 32.008 to specifically state the responsibilities of the contracting officer when notified by the contractor of a duplicate payment or that the Government has otherwise overpaid. In addition, amend FAR 12.215 to include reference to the requirement in FAR 32.604. 14. **FAR Contract Clauses - Payment.** Revise the contract clauses at FAR 52.212-4(i)(5)and (6); 52.232-25(d); 52.232-26(c); and FAR 52.232-27(l) to assure that the contractor remits payment to the payment office (rather than the contracting officer) and the payment office is able to properly account for the remittance. 15. **FAR 52.232-17, Interest.** Revise FAR 52.232-17 to conform with the other proposed revisions. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed rule 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 regulatory changes are predominantly internal operating procedures for contracting officers and will not significantly change duties of small entities under their contracts. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Part(s) 12, 13, 32, 33, 36, 42, and 52 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (FAR case 2005-018), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 12, 13, 32, 33, 36, 42, and 52 Government procurement. Dated: October 6, 2006. Ralph De Stefano, Director, Contract Policy Division. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 12, 13, 32, 33, 36, 42, and 52 as set forth below: 1. The authority citation for 48 CFR parts 12, 13, 32, 33, 36, 42, and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 12—ACQUISITION OF COMMERCIAL ITEMS 2. Revise section 12.215 to read as follows: 12.215 Notification of Overpayment. If the contractor notifies the contracting officer of a duplicate payment or that the Government has otherwise overpaid, the contracting officer shall follow the procedures at 32.604. PART 13—SIMPLIFIED ACQUISITION PROCEDURES 3. Revise section 13.401
(b)to read as follows: 13.401 General.
(b)The contracting officer shall be primarily responsible for determining the amount of debts resulting from failure of contractors to properly replace, repair, or correct supplies lost, damaged, or not conforming to purchase requirements (see 32.602 and 32.603). PART 32—CONTRACT FINANCING 4. Revise section 32.008 to read as follows: 32.008 Notification of Overpayment. If the contractor notifies the contracting officer of a duplicate payment or that the Government has otherwise overpaid, the contracting officer shall follow the procedures at 32.604. 5. Revise subpart 32.6 to read as follows: Subpart 32.6—Contract Debts Sec. 32.600 Scope of subpart. 32.601 General. 32.602 Responsibilities. 32.603 Debt determination. 32.604 Demand for payment. 32.605 Final decisions. 32.606 Debt collection. 32.607 Installment payments and deferment of collection. 32.607-1 Installment payments. 32.607-2 Deferment of collection. 32.608 Interest. 32.608-1 Interest charges. 32.608-2 Interest credits. 32.609 Delays in receipt of notices or demands. 32.610 Compromising debts. 32.611 Contract clause. 32.600 Scope of Subpart. This subpart prescribes policies and procedures for identifying, collecting, and deferring contract debts(including interest, if applicable). Sections 32.607, 32.608, and 32.610 of this subpart do not apply to claims against common carriers for transportation overcharges and freight and cargo losses (31 U.S.C. 3726). 32.601 General.
(a)Contract debts are amounts that—
(1)Have been paid to a contractor to which the contractor is not currently entitled under the terms and conditions of the contract; or
(2)Are otherwise due from the contractor under the terms and conditions of the contract.(b) Contract debts include, but are not limited to, the following:
(1)Billing and price reductions resulting from contract terms for price redetermination or for determination of prices under incentive type contracts.
(2)Price or cost reductions for defective cost or pricing data.
(3)Financing payments determined to be in excess of the contract limitations at 52.232-16(a)(7), Progress Payments, or 52.232-32(d)(2), Performance-Based Payments, or any contract clause for commercial item financing.
(4)Increases to financing payment liquidation rates.
(5)Overpayments disclosed by quarterly statements required under price redetermination or incentive contracts.
(6)Price adjustments resulting from Cost Accounting Standards
(CAS)noncompliances or changes in cost accounting practice.
(7)Reinspection costs for nonconforming supplies or services.
(8)Duplicate or erroneous payments.
(9)Damages or excess costs related to defaults in performance.
(10)Breach of contract obligations concerning progress payments, performance based payments, advance payments, commercial item financing, or Government-furnished property.
(11)Government expense of correcting defects.
(12)Overpayments related to errors in quantity or billing or deficiencies in quality.
(13)Delinquency in contractor payments due under agreements or arrangements for deferral or postponement of collections.
(14)Reimbursement of amounts due under 33.102(b)(3) and 33.104(h)(8). 32.602 Responsibilities.
(a)The contracting officer has primary responsibility for identifying and demanding payment of contract debts except those resulting from errors made by the payment office. The contracting officer shall not collect contract debts or otherwise agree to liquidate contract debts ( *e.g.* offset the amount of the debt against existing unpaid bills due the contractor, or allow contractors to retain contract debts to cover amounts that may become payable in future periods.
(b)The payment office has primary responsibility for—
(1)Collecting contract debts identified by contracting officers;
(2)Identifying and collecting duplicate and erroneous payments; and
(3)Authorizing the liquidation of contract debts in accordance with agency procedures. 32.603 Debt determination.
(a)If the contracting officer has any indication that a contractor owes money to the Government under a contract, the contracting officer shall determine promptly whether an actual debt is due and the amount. Any unnecessary delay may contribute to—
(1)Loss of timely availability of the funds to the program for which the funds were initially provided;
(2)Increased difficulty in collecting the debt; or
(3)Actual monetary loss to the Government.
(b)The amount of indebtedness determined unilaterally by the contracting officer shall be an amount that—
(1)Is based on the merits of the case; and
(2)Is consistent with the contract terms. 32.604 Demand for payment.
(a)Except as provided in paragraph
(c)of this section, the contracting officer shall take the following actions:
(1)Issue the demand for payment as soon as the contracting officer has determined that an actual debt is due the Government and the amount.
(2)Issue a demand for payment even if—
(i)The debt is or will be the subject of a bilateral modification;
(ii)The contractor is otherwise obligated to pay the money under the existing contract terms; or
(iii)The contractor has agreed to repay the debt.
(3)Issue the demand for payment as a part of the final decision, if a final decision is required by 32.605(a).
(b)The demand for payment shall include the following:
(1)A description of the debt, including the debt amount.
(2)A distribution of the principal amount of the debt by line(s) of accounting subject to the following:
(i)If the debt affects multiple lines of accounting, the contracting officer shall, to the maximum extent practicable, identify all affected lines of accounting. If it is not practicable to identify all affected lines of accounting, the contracting officer may select representative lines of accounting in accordance with paragraph (b)(2)(ii) of this section.
(ii)In selecting representative lines of accounting, the contracting officer shall—
(A)Consider the affected departments or agencies, years of appropriations, and the predominant types of appropriations;
(B)Not distribute to any line of accounting an amount of the principal in excess of the total obligation for the line of accounting; and
(iii)Include the lines of accounting even if the associated funds are expired or cancelled. While cancelled funds will be deposited in a miscellaneous receipt account of the Treasury if collected, the funds are tracked under the closed year appropriation(s) to comply with the Anti-Deficiency Act.
(iv)If the debt affects multiple contracts and the lines of accounting are not readily available, the contracting officer shall—
(A)Issue the demand for payment without the distribution of the principal amount to the affected lines of accounting;
(B)Include a statement in the demand for payment advising when the distribution will be provided; and
(C)Provide the distribution by the date identified in the demand for payment.
(3)The basis for and amount of any accrued interest or penalty. (4)(i) For debts resulting from specific contract terms ( *e.g.* , debts resulting from incentive clause provisions, Quarterly Limitation on Payments Statement, Cost Accounting Standards, price reduction for defective pricing), a notification stating that payment should be made promptly, and that interest is due in accordance with the terms of the contract. Interest shall be computed from the date specified in the applicable contract clause until repayment by the contractor. The interest rate shall be the rate specified in the applicable contract clause.
(ii)For all other contract debts, a notification stating that any amounts not paid within 30 days from the date of the demand for payment will bear interest. Interest shall be computed from the date of the demand for payment until repayment by the contractor. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.
(iii)In the case of a debt arising from a price reduction for defective pricing, or as specifically set forth in a Cost Accounting Standards
(CAS)clause in the contract, interest is computed from the date of overpayment by the Government until repayment by the contractor at the underpayment rate established by the Secretary of the Treasury, for the periods affected, under 26 U.S.C. 6621(a)(2).
(5)A statement advising the contractor—
(i)To contact the contracting officer if the contractor believes the debt is invalid or the amount is incorrect; and
(ii)To remit a check payable to the “Treasurer of the United States” annotated with the contract number along with a copy of the demand for payment to the payment office identified in the contract or as otherwise specified in the demand letter in accordance with agency procedures.
(6)Notification that the payment office may offset the debt against any payments otherwise due the contractor.
(7)Notification that the debt is subject to administrative charges in accordance with the requirements of 31 U.S.C. 3717(e) and the Debt Collection Improvement Act of 1996.
(8)A notification that the contractor may submit a request for installment payments or deferment of collection if immediate payment is not practicable or if the amount is disputed.
(c)Except as provided in paragraph
(d)of this section, the contracting officer should not issue a demand for payment if the contracting officer only becomes aware of the debt when the contractor—
(1)Provides a lump sum payment or submits a credit invoice. (A credit invoice is a contractor’s request to liquidate the debt against existing unpaid bills due the contractor); or
(2)Notifies the contracting officer that the payment office overpaid on an invoice payment. When the contractor provides the notification, the contracting officer shall notify the payment office of the overpayment.
(d)If a demand for payment was not issued as provided for in paragraph
(c)of this section, the contracting officer shall issue a demand for payment no sooner than 30 days after the contracting officer becomes aware of the debt unless—
(i)The contractor has liquidated the debt;
(ii)The contractor has requested an installment payment agreement; or
(iii)The payment office has issued a demand for payment.
(e)The contracting officer shall—
(1)Furnish a copy of the demand for payment to the contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt; and
(2)Forward a copy of the demand to the payment office. 32.605 Final decisions.
(a)The contracting officer shall issue a final decision as required by 33.211 if-
(1)The contracting officer and the contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;
(2)The contractor fails to liquidate a debt previously demanded by the contracting officer within the timeline specified in the demand for payment unless the amounts were not repaid because the contractor has requested an installment payment agreement; or
(3)The contractor requests a deferment of collection on a debt previously demanded by the contracting officer (see 32.607-2).
(b)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(c)The contracting officer shall-
(1)Furnish the decision to the contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt; and
(2)Forward a copy to the payment office identified in the contract. 32.606 Debt collection.
(a)If the contractor has not liquidated the debt within 30 days of the date due or requested installment payments or deferment of collection, the payment office initiates withholding of principal, interest, penalties, and administrative charges. In the event the contract is assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15), the rights of the assignee will be scrupulously respected and withholding of payments shall be consistent with those rights. For additional information on assignment of claims, see Subpart 32.8.
(b)As provided for in the Debt Collection Improvement Act of 1996, payment offices are required to transfer any debt that is delinquent more than 180 days to the Department of Treasury for collection.
(c)The contracting officer shall periodically follow up with the payment office to determine whether the debt has been collected and credited to the correct appropriation(s). 32.607 Installment payments and deferment of collection.
(a)The contracting officer shall not approve or deny a contractor’s request for installment payments or deferment of collections. The office designated in agency procedures is responsible for approving or denying requests for installment payments or deferment of collections.
(b)If a contractor has not appealed the debt or filed an action under the Disputes clause of the contract and the contractor has submitted a proposal for debt deferment or installment payments-
(1)The office designated in agency procedures may arrange for deferment/installment payments if the contractor is unable to pay at once in full or the contractor’s operations under national defense contracts would be seriously impaired. The arrangement shall include appropriate covenants and securities and should be limited to the shortest practicable maturity; and
(2)The deferment/installment agreement shall include a specific schedule or plan for payment. It should permit the Government to make periodic financial reviews of the contractor and to require payments earlier than required by the agreement if the Government considers the contractor’s ability to pay improved. It should also provide for required stated or measurable payments on the occurrence of specific events or contingencies that improve the contractor’s ability to pay.
(c)If not already applicable under the contract terms, interest on contract debt shall be made an element of any agreement entered into an installment payment or deferment of collection agreement. 32.607-1 Installment payments. If a contractor requests an installment payment agreement, the contracting officer shall notify the contractor to send a written request for installment payments to the office designated in agency procedures. 32.607-2 Deferment of collection.
(a)All requests for deferment of collection must be submitted in writing to the contracting officer.
(1)If the contractor has appealed the debt under the procedures of the Disputes clause of the contract, the information with the request for deferment may be limited to an explanation of—
(i)The contractor’s financial condition; and
(ii)Whether deferment of the debt collection is advisable to avoid possible overcollection.
(2)If there is no appeal pending or action filed under the Disputes clause of the contract, the following information about the contractor should be submitted with the request:
(i)Financial condition.
(ii)Contract backlog.
(iii)Projected cash receipts and requirements.
(iv)The feasibility of immediate payment of the debt.
(v)The probable effect on operations of immediate payment in full.
(vi)Whether deferment of the debt collection is advisable to avoid possible over collection.
(b)Upon receipt of the contractor’s written request, the contracting officer shall promptly provide a notification to the payment office and advise the payment office that the contractor’s request is under consideration. Prompt notification is required to ensure that the payment office does not begin collection while the deferment request is being considered. (c)(1) The contracting officer shall forward the following to the office designated in agency procedures for a decision:
(i)A copy of the contractor’s request for a deferment of collection.
(ii)A written recommendation on the request and the basis for the recommendation including the advisability of deferment to avoid possible overcollections.
(iii)A statement as to whether the contractor has an appeal pending or action filed under the Disputes clause of the contract and the docket number if the appeal has been filed.
(iv)A copy of the contracting officer’s final decision (see 32.605).
(2)The contracting officer should consider any information necessary to develop a recommendation on the deferment request.
(d)The office designated in agency procedures may authorize a deferment pending the resolution of appeal to avoid possible overcollections. The agency is required to use current year unexpired funds to pay interest on overcollections.
(e)Deferments pending disposition of appeal may be granted to small business concerns and financially weak contractors, with a reasonable balance of the need for Government security against loss and undue hardship on the contractor.
(f)Contracts and arrangements for deferment shall not provide that a claim of the Government will not become due and payable pending mutual agreement on the amount of the claim or, in the case of a dispute, until the decision is reached.
(g)At a minimum, the deferment agreement shall contain the following:
(1)A description of the debt.
(2)The date of first demand for payment.
(3)Notice of an interest charge, in conformity with FAR 32.608 and the FAR clause at 52.232-17, Interest; or, in the case of a debt arising from a defective pricing or a CAS noncompliance overpayment, interest, as prescribed by the applicable Price Reduction for Defective Cost or Pricing Data or CAS clause.
(4)Identification of the office to which the contractor is to send debt payments.
(5)A requirement for the contractor to submit financial information requested by the Government and for reasonable access to the contractor’s records and property by Government representatives.
(6)Provision for the Government to terminate the deferment agreement and accelerate the maturity of the debt if the contractor defaults or if bankruptcy or insolvency proceedings are instituted by or against the contractor.
(7)Protective requirements that are considered by the Government to be prudent and feasible in the specific circumstances. The coverage of protective terms at 32.409 and 32.501-5 may be used as a guide.
(h)If a contractor appeal of the debt determination is pending, the deferment agreement shall also include a requirement that the contractor shall —;
(1)Diligently prosecute the appeal; and
(2)Pay the debt in full when the appeal is decided, or when the parties reach agreement on the debt amount.
(i)The deferment agreement may provide for the right to make early payments without prejudice, for refund of overpayments, and for crediting of interest.
(j)Actions filed by contractors under the Disputes clause shall not suspend or delay collection. Until the action is decided, deferments shall only be granted if, within 30 days after the filing of such action, the contractor presents to the office designated in agency procedures a good and sufficient bond, or other acceptable collateral, in the amount of the claim, and the deferment is approved by the office designated in agency procedures. Any amount collected by the Government in excess of the amount found to be due on appeal under the Disputes clause of the contract shall be refunded to the contractor with interest thereon from the date of collection by the Government until the date the monies are remitted to the contractor at the annual rate established by the Secretary of Treasury under Public Law 92-41. Simple interest shall be calculated to reflect each 6-month period change in the rates established by the Secretary. 32.608 Interest. 32.608-1 Interest charges.
(a)Unless specified otherwise in the FAR clause at 52.232-17—
(1)Interest charges shall apply to any contract debt unpaid after 30 days from the issuance of a demand for payment or from any earlier date specified in the contract unless—
(i)The contract is a kind excluded under 32.611; or
(ii)The contract or debt has been exempted from interest charges under agency procedures.
(2)The interest charge shall be at the rate established by the Secretary of the Treasury under Public Law 92-41 for the period in which the amount becomes due. The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(i)The date on which the designated office receives payment from the contractor;
(ii)The date of issuance of a Government check to the contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(iii)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the contractor.
(b)If not already applicable under the contract terms, interest on contract debt shall be made an element of any agreement entered into on installment payment and deferment of collection agreements. 32.608-2 Interest credits.
(a)An equitable interest credit shall be applied under the following circumstances:
(1)When the amount of debt initially determined is subsequently reduced; *e.g* ., through a successful appeal.
(2)When the collection procedures followed in a given case result in an over collection of the debt due.
(3)When the responsible official determines that the Government has unduly delayed payments to the contractor on the same contract at some time during the period to which the interest charge applied, provided an interest penalty was not paid for such late payment.
(b)Any appropriate interest credits shall be computed under the following procedures:
(1)Interest at the rate under paragraph
(b)of the FAR clause at 52.232-17 and 32.608-1(a)(2) shall be charged on the reduced debt from the date specified in the first demand made for payment of the higher debt.
(2)Interest may not be reduced for any time between the due date under the demand and the period covered by a deferment of collection, unless the contract includes an interest clause; e.g., the clause prescribed in 32.611.
(3)Interest shall not be credited in an amount that, when added to other amounts refunded or released to the contractor, exceeds the total amount that has been collected, or withheld for the purpose of collecting the debt. This limitation shall be further reduced by the amount of any limitation applicable under paragraph (b)(2) of this subsection. 32.609 Delays in receipt of notices or demands. If interest is accrued based on the date of the demand letter and delivery of the demand letter is delayed by the Government (e.g., undue delay after dating at the originating office or delays in the mail), the date of the debt and accrual of interest shall be extended to a time that is fair and reasonable under the particular circumstances. 32.610 Compromising debts. For debts under $100,000, excluding interest, if further collection is not practicable or would cost more than the amount of recovery, the designated agency official may compromise the debt. Compromise is authorized by the Federal Claims Collection Act (31 U.S.C. 3711). Compromise shall conform to Federal Claims Collection Standards 31 CFR part 900), and agency regulations. Unless specifically authorized by agency procedures, contracting officers can not compromise debts. 32.611 Contract clause.
(a)The contracting officer shall insert the clause at 52.232-17, Interest, in solicitations and contracts unless it is contemplated that the contract will be in one or more of the following categories:
(1)Contracts at or below the simplified acquisition threshold.
(2)Contracts with Government agencies.
(3)Contracts with a State or local government or instrumentality.
(4)Contracts with a foreign government or instrumentality.
(5)Contracts without any provision for profit or fee with a nonprofit organization.
(6)Contracts described in Subpart 5.5, Paid Advertisements.
(7)Any other exceptions authorized under agency procedures.
(b)The contracting officer may insert the FAR clause at 52.232-17, Interest, in solicitations and contracts when it is contemplated that the contract will be in any of the categories specified in 32.611(a). PART 33—PROTESTS, DISPUTES, AND APPEALS 33.208 [Amended] 6. Amend section 33.208(b) by removing “32.614’ and adding “32.608” in its place. 33.211 [Amended] 7. Amend section 33.211(a)(vi)by removing “32.610(b)” and adding “32.604 and 32.605” in its place. PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.608 [Amended] 8. Amend section 36.608 in the fourth sentence by removing “collect” and adding “issue a demand for payment of the amount due” in its place. PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 9. Amend section 42.302 by revising paragraph (a)(17) to read as follows: 42.302 Contract administration functions.
(a)* * *
(17)Analyze quarterly limitation on payments statements and take action in accordance with Subpart 32.6 to recover overpayments from the contractor. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 10. Amend section 52.212-4 by revising the date of the clause and paragraph (i)(5); and adding paragraph (i)(6) to read as follows: 52.212-4 Contract Terms and Conditions—Commercial Items. CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS-(DATE)
(i)* * *
(5)*Overpayments.* If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall take the following actions:
(i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B)Affected contract number and delivery order number if applicable;
(C)Affected contract line item or subline item, if applicable; and
(D)Contractor point of contact.
(ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)*Interest.*
(i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph
(b)of this clause and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii)Amounts shall be due at the earliest of the following dates:
(A)The date fixed under this contract.
(B)The date of the first written demand for payment consistent with this contract, including any demand for payment resulting from a default termination.
(iii)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A)The date on which the designated office receives payment from the Contractor;
(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(iv)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. 11. Revise section 52.232-17 to read as follows: 52.232-17 Interest. As prescribed in 32.611(a) and (b), insert the following clause: INTEREST
(a)Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph
(b)of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(b)Amounts shall be due at the earliest of the following dates:
(1)The date fixed under this contract.
(2)The date of the first written demand for payment consistent with this contract, including any demand for payment resulting from a default termination.
(c)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(1)The date on which the designated office receives payment from the Contractor;
(2)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(3)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(d)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. 12. Amend section 52.232-25 by revising the date of the clause and paragraph
(d)to read as follows: 52.232-25 Prompt Payment. PROMPT PAYMENT
(d)*Overpayments.* If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(1)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(i)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(ii)Affected contract number and delivery order number if applicable;
(iii)Affected contract line item or subline item, if applicable; and
(iv)Contractor point of contact.
(2)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of clause) 13. Amend section 52.232-26 by revising the date of the clause and paragraph
(c)to read as follows: 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts. PROMPT PAYMENT FOR FIXED-PRICE ARCHITECT-ENGINEER CONTRACTS
(c)*Overpayments.* If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(1)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(i)Circumstances of the overpayment ( *e.g* ., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(ii)Affected contract number and delivery order number if applicable;
(iii)Affected contract line item or subline item, if applicable; and
(iv)Contractor point of contact.
(2)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of clause) 14. Amend section 52.232-27 by revising the date of the clause and paragraph
(l)to read as follows: 52.232-27 Prompt Payment for Construction Contracts. PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS
(l)*Overpayments.* If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(1)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(i)Circumstances of the overpayment ( *e.g.* , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(ii)Affected contract number and delivery order number if applicable;
(iii)Affected contract line item or subline item, if applicable; and
(iv)Contractor point of contact.
(2)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of clause) [FR Doc. 06-8806 Filed 10-23-06; 8:45 am]
Connectionstraces to 37
Traces to 37 documents
U.S. Code
29 references not yet in our index
  • 9 CFR 3
  • 7 USC 2131-2159
  • 7 CFR 2.22
  • 14 CFR 39
  • 14 CFR 93
  • 49 CFR 7
  • 22 CFR 72
  • Pub. L. 106-113
  • Pub. L. 104-53
  • 5 USC 533
  • Pub. L. 104-121
  • Pub. L. 104-4
  • 109 Stat. 48
  • 22 USC 1504(a)
  • 40 USC 511
  • 40 USC 4811
  • 28 CFR 14
  • 40 CFR 2
  • 48 CFR 7
  • 48 CFR 752.7028
  • Pub. L. 87-195
  • 75 Stat. 445
  • 3 CFR 1979
  • Pub. L. 101-508
  • 42 USC 2473(c)
  • Pub. L. 95-563
  • 41 USC 15
  • Pub. L. 92-41
  • 31 CFR 900
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C.F.R.§ 11.35
U.S.C.§ 552
U.S.C.§ 2715b
U.S.C.§ 2715
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