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Code · REGISTER · 2007-05-07 · Federal Aviation Administration (FAA), DOT · Rules and Regulations

Rules and Regulations. Notice of proposed rulemaking (NPRM)

24,458 words·~111 min read·/register/2007/05/07/07-2221

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

BILLING CODE 3510-22-S 72 87 Monday, May 7, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-27270; Airspace Docket No. 07-ANM-1] RIN 2120-AA66 Proposed Establishment of Area Navigation Routes (RNAV), Western United States AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish a high altitude RNAV route in the Seattle, WA area to facilitate air traffic operations by providing a direct route to the Phoenix, AZ area.
The FAA is implementing this route to enhance safety and to provide a more efficient use of navigable airspace. DATES: Comments must be received on or before June 21, 2007. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify FAA Docket No. FAA-2007-27270 and Airspace Docket No. 07-ANM-1, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT:
Ken McElroy, Airspace and Rules, Office of System Operations and Safety, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:
(202)267-8783. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA-2007-27270 and Airspace Docket No. 07-ANM-1) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at *http://dms.dot.gov.* Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2007-27270 Airspace Docket No. 07-ANM-1.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRM's An electronic copy of this document may be downloaded through the Internet at *http://dms.dot.gov.* Recently published rulemaking documents can also be accessed through the FAA's web page at *http://www.faa.gov,* or the **Federal Register** 's web page at *http://www.gpoaccess.gov/fr/index.html.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see “ ADDRESSES ” section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Air Traffic Organization, Federal Aviation Administration, 1601 Lind Avenue, 15000 SW., Renton, WA 98055. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking,
(202)267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. Background As part of the on-going efforts to establish area navigation routings the FAA is establishing RNAV routes to provide greater freedom to properly equipped users, and to achieve the safety and economic benefits of flying user-selected non-restrictive routings. The new RNAV routes will be identified by the letter prefix “Q” followed by a number consisting of from one to three digits. The International Civil Aviation Organization
(ICAO)has allocated the “Q” prefix, along with the number set 1 through 499, for use by the U.S. for designating domestic RNAV routes. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to establish an RNAV route within the airspace assigned to the Seattle, Los Angeles, Albuquerque, Salt Lake City and Denver Air Route Traffic Control Center (ARTCC). This route is proposed to provide a direct route from the Seattle, WA area to Phoenix, AZ, that would enhance the safety, and facilitate a more flexible and efficient use of navigable airspace for en route instrument flight rules operations. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under Department of Transportation
(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures”, paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 16, 2006, is amended as follows: Paragraph 2006 Area Navigation Routes. **Q-35 IMB to DRK [New]** IMB VORTAC (lat. 44°38′54″ N., long. 119°42′42″ W.) NEERO WP (lat. 41°49′03″ N., long. 118°01′29″ W.) WINEN WP (lat. 37°56′00″ N., long. 113°30′00″ W.) CORKR Fix (lat. 36°05′02″ N., long. 112°24′01″ W.) DRK VORTAC (lat. 34°42′09″ N., long. 112°28′49″ W.) Issued in Washington, DC, on April 30, 2007. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E7-8603 Filed 5-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 216 [DoD-2006-OS-0136] RIN 0790-AI15 Military Recruiting and Reserve Officer Training Corps Program Access to Institutions of Higher Education AGENCY: Department of Defense. ACTION: Proposed rule. SUMMARY: The Department of Defense proposes to amend the current rule addressing military recruiting and Reserve Officer Training Corps program access at institutions of higher education. This proposed rule would implement 10 U.S.C. 983, as amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375 (October 28, 2004)). As amended, 10 U.S.C. 983 clarifies access to campuses, access to students and access to directory information on students for the purposes of military recruiting, and now states that access to campuses and students on campuses shall be provided in a manner that is at least equal in quality and scope to that provided to any other employer. The prohibition against providing Federal funds when there is a violation of 10 U.S.C. 983 has an exception for any Federal funds provided to an institution of higher education, or to an individual, that are available solely for student financial assistance, related administrative costs, or costs associated with attendance. Such funds may be used for the purpose for which the funding is provided. A similar provision in section 8120 of the Department of Defense Appropriations Act of 2000 (Pub. L. 106-79; 113 Stat. 1260) has been repealed. This rule also rescinds the previous policy that established an exception that would limit recruiting on the premises of the covered school only in response to an expression of student interest when the covered school certified that too few students had expressed interest to warrant accommodating military recruiters. DATES: Comments must be received by July 6, 2007. ADDRESSES: You may submit comments, identified by docket number and or RIN number and title, by any of the following methods: • *Federal Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or Regulatory Information Number
(RIN)for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Brenda Leong, Office of the Under Secretary of Defense (Personnel and Readiness), 4000 Defense Pentagon, Washington, DC 20301-4000 (telephone:
(703)695-5529). SUPPLEMENTARY INFORMATION: “Covered funds” is defined in 10 U.S.C. 983 to be any funds made available for the Departments of Defense, Transportation, Homeland Security, or National Nuclear Security Administration of the Department of Energy, the Central Intelligence Agency, or for any department or agency in which regular appropriations are made in the Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act. None of these covered funds may be provided by contract or grant to a covered school (including any subelement of a covered school) that has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents, the Secretary of Defense from establishing or operating a Senior Reserve Officer Training Corps
(ROTC)at that covered school (or any subelement of that covered school); or that either prohibits, or in effect prevents, a student at that covered school (or any subelement of that covered school) from enrolling in a ROTC unit at another institution of higher education. The Federal law further provides similar sanctions against these covered funds being provided to a covered school (or any subelement of a covered school) that has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents, the Secretary of a Military Department or Secretary of Homeland Security from gaining access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting, where such policy or practice denies the military recruiter access that is at least equal in quality and scope to the access to campuses and students provided to any other employer; or access to student directory information pertaining to the students' names, addresses, telephone listings, dates and places of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student. The term “equal in quality and scope” means the same access to campus and students provided by the school to the nonmilitary recruiter receiving the most favorable access. 1 1 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.,* 126 S. Ct. 1297 (2006): “The statute requires the Secretary of Defense to compare the military's ‘access to campuses’ and ‘access to students’ to ‘the access to campuses and to students that is provided to *any other employer.’* (Emphasis add [by Court].) * * * The Solomon Amendment does not focus on the content of a school's recruiting policy, [but instead on] the result achieved by the policy and compares the ‘access * * * provided’ military recruiters to that provided other recruiters. Applying the same policy to all recruiters is therefore insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. * * * Not only does the text of the statute support this view, but this interpretation is necessary to give effect to the Solomon Amendment's recent revision.” As an exception to the above rule, any Federal funding provided to a covered school or to an individual that is available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for the purpose for which the funding is provided. The Department of Defense drafted this proposed rule in consultation with other Federal agencies, including the Departments of Education, Labor, Transportation, Health and Human Services, Homeland Security, Energy, and the Central Intelligence Agency. Agencies affected by this rule will continue to coordinate with other organizations as they implement their provisions. This proposed rule defines the criteria for determining whether an institution of higher education has a policy or practice prohibiting or preventing the Secretary of Defense from maintaining, establishing, or efficiently operating a Senior ROTC unit; or has a policy of denying military recruiting personnel access that is at least equal in quality and scope to the access to campuses and students provided to any other employer, or access to directory information on students. Pursuant to 10 U.S.C. 983 and this proposed rule, institutions of higher education having such policies or practices are ineligible for certain Federal funding. The criterion of “efficiently operating a Senior ROTC unit” refers generally to an expectation that the ROTC Department would be treated on a par with other academic departments; as such, it would not be singled out for unreasonable actions that would impede access to students (and vice versa) or restrict its operations. This proposed rule also defines the procedures that would be followed in evaluating reports that a covered school has not met requirements defined in this rule. When a component of the Department of Defense (DoD component) believes that policies or practices of an institution of higher education might require such an evaluation, that component is required to confirm the institution's policy in consultation with the institution. If that exchange suggests that the policy or practice could trigger a denial of funding, as required by the Act, the supporting facts would be forwarded through Department of Defense channels to the decision authority, the Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)). In evaluating whether an institution that provides information in response to a request from a military recruiter for military recruiting purposes would violate the Family Educational Rights and Privacy Act of 1972, as amended, (FERPA; 20 U.S.C. 1232g), the Department of Education has informed the Department of Defense that it will not consider the act of providing responsive student information as required under the Act and this rule as an act that violates FERPA. Institutions must take care, however, to release only that information specifically required under 10 U.S.C. 983 and this proposed rule. Regarding the opportunity for a student to “opt-out” of or object to the release of “directory information” under FERPA, the Department of Defense provides the following clarification. If an institution receives a request for student-recruiting information, and that request seeks information that the institution has included in its definition of “directory information” that is releasable under FERPA, and a student has previously requested, in writing, that the “directory information” not be disclosed to any third party, the Department of Defense agrees that information for that student will not be provided to the requesting military recruiter or Department of Defense. If an institution declines to provide student-recruiting information because a student has “opted-out” from the institution's policy of disclosing “directory information” under FERPA, the Department of Defense will not consider that institution to have denied access under 10 U.S.C. 983. The Department of Defense will honor only those student “opt-outs” from the disclosure of directory information that are even-handedly applied to all prospective employers seeking information for recruiting purposes. In those circumstances where an institution's “directory information” definition does not include all of the student-recruiting information required under 10 U.S.C. 983, the Department of Defense will also honor the student's “opt-out” decision that was made regarding the release of the institution's “directory information.” If an institution does not release all of the requested student-recruiting information as part of its “directory information” policy under FERPA (or has a policy of disclosing no “directory information”), the institution must nevertheless honor the request from a military recruiter for student-recruiting information concerning students who have not “opted-out”, even if that information would not be available to the public under FERPA. Because this information is requested exclusively for military recruiting, a special opportunity for a student to decline the release of student-recruiting information is not necessary or appropriate. Summary of Rule In carrying out their customary activities, DoD components must identify any covered school that, by policy or practice, denies military recruiting personnel access to its campus or access to its students on campus in a manner that is at least equal in quality and scope to access provided to any other employer, in effect denies students permission to participate, or prevents students from participating in recruiting activities, or denies military recruiters access to student-recruiting information. The term “equal in quality and scope” means the same access to campus and students provided to the nonmilitary recruiter receiving the most favorable access. 2 When requests to schedule recruiting visits or to obtain student-recruiting information are unsuccessful, the DoD component concerned must seek written confirmation of the school's present policy from the head of the covered school through a letter of inquiry, allowing 30 days for response. If written confirmation cannot be obtained, oral policy statements or attempts to obtain such statements from an appropriate official of the school shall be documented. A copy of the documentation shall be provided to the covered school, which shall be informed of its opportunity to forward clarifying comments within 30 days to accompany the DoD component's submission to the PDUSD(P&R). When that 30-day period has elapsed, the DoD component will forward the case for disposition. 2 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.,* 126 S. Ct. 1297 (2006): “The statute requires the Secretary of Defense to compare the military's ‘access to campuses’ and ‘access to students’ to ‘the access to campuses and to students that is provided to *any other employer.* ’ (Emphasis added [by Court].) * * * The Solomon Amendment does not focus on the content of a school's recruiting policy, [but instead on] the result achieved by the policy and compares the ‘access * * * provided’ military recruiters to that provided other recruiters. Applying the same policy to all recruiters is therefore insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. * * * Not only does the text of the statute support this view, but this interpretation is necessary to give effect to the Solomon Amendment's recent revision.” Similarly, in carrying out their customary activities, DoD components also must identify any covered school that, by policy or practice, denies establishment, maintenance, or efficient operation of a unit of the Senior ROTC, or denies students permission to participate, or effectively prevents students from participating in a unit of the Senior ROTC at another institution of higher education. The DoD component concerned must seek written confirmation of the school's policy from the head of the covered school through a letter of inquiry, allowing 30 days for response. If written confirmation cannot be obtained, oral policy statements or attempts to obtain such statements from an appropriate official of the school shall be documented. A copy of the documentation shall be provided to the covered school, which shall be informed of its opportunity to forward clarifying comments within 30 days to accompany the DoD component's submission to the PDUSD(P&R). When that 30-day period has elapsed, the DoD component will forward the case for disposition. The recommendation of the DoD component then must be reviewed by the Secretary of the Military Department concerned, or designee, who shall evaluate responses to the letter of inquiry and other such information obtained in accordance with this part, and submit to the PDUSD(P&R) the names and addresses of covered schools that are believed to be in violation of 10 U.S.C. 983. Full documentation must be furnished to the PDUSD(P&R) for each such covered school, including the school's formal response to the letter of inquiry, documentation of any oral response, or evidence showing that attempts were made to obtain either written confirmation or an oral statement of the school's policies. Under agreement with the Department of Homeland Security, reports of covered schools believed to be in violation of 10 U.S.C. 983 with regard to the Coast Guard when not operating as a Service in the Navy shall be furnished to the PDUSD(P&R) for disposition. Following any determination by the PDUSD(P&R) that the policies or practices of an institution of higher education require ineligibility for certain Federal funding, as required by the Act, the PDUSD(P&R) shall: • Disseminate to Federal entities affected by the decision, including the DoD components and the General Services Administration (GSA), and to the Secretary of Education and the head of each other department and agency the funds of which are subject to the determination, the names of the affected institutions. The PDUSD(P&R) also shall notify the Committees on Armed Services of the Senate and the House of Representatives; • Publish in the **Federal Register** each such determination, and publish in the **Federal Register** at least once every 6 months a list of all institutions currently determined to be ineligible for contracts and grants by reason of such determinations; and • Inform the affected institution that its funding eligibility may be restored if the school provides sufficient new information to establish that the basis for the determination no longer exists. This proposed rule contains procedures under which funding may be restored. Not later than 45 days after receipt of a school's request to restore funding eligibility, the PDUSD(P&R) must determine whether the funding status of the covered school should be changed and notify the applicable school of that determination. Pursuant to that determination, entities of the Federal government affected by the decision, including the DoD components and the GSA, shall be notified of any change in funding status. Other Matters In the event of any determination of ineligibility by the PDUSD(P&R), Federal departments and agencies concerned shall determine what funds provided by grant or contract to the covered school are affected and take appropriate action. As a result of this division of responsibility and the large number of Federal departments and agencies affected, this rule does not detail what specific funds are affected by any determination of ineligibility. This proposed rule does not affect or cover any Federal funding that is provided to an institution of higher education or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance. This includes, but is not limited to, funds under the Federal Supplemental Educational Opportunity Grant Program (Title IV, Part A, Subpart 3 of the Higher Education Act of 1965, as amended), the Federal Work-Study Program (Title IV, Part C), and the Federal Perkins Loan Program (Title IV, Part E), the Federal Pell Grant Program (Title IV, Part A, Subpart 1), the Federal Family Education Loan Program (Title IV, Part B), and the William D. Ford Federal Direct Loan Program (Title IV, Part D). The Secretary of Education will provide additional information about the applicability of the rule to other Department of Education programs in communications to the affected communities. Executive Order 12866, “Regulatory Planning and Review” This proposed rule is a significant regulatory action that OMB has approved for publication. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) The Secretary certifies that these proposed regulations would not have a significant economic impact on a substantial number of small entities since recent history indicates that their provisions are not applicable to the vast majority of institutions of higher education. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4) It has been certified that this rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule establishes procedures for on-campus military recruiting and student access to Reserve Officer Training Corps
(ROTC)programs in implementation of 10 U.S.C. 983. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) This proposed rule will not impose any additional reporting or record keeping requirements under the Paperwork Reduction Act. Executive Order 13132 It has been certified that this rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:
(1)The States;
(2)The relationship between the National Government and the States; or
(3)The distribution of power and responsibilities among the various levels of government. List of Subjects in 32 CFR Part 216 Armed forces; Colleges and universities. Accordingly, 32 CFR part 216 is proposed to be revised to reflect the most recent statutory changes and to read as follows: PART 216—MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS PROGRAM ACCESS TO INSTITUTIONS OF HIGHER EDUCATION Sec. 216.1 Purpose. 216.2 Applicability. 216.3 Definitions. 216.4 Policy. 216.5 Responsibilities. 216.6 Information requirements. Appendix A of Part 216—Military Recruiting Sample Letter of Inquiry Appendix B of Part 216—ROTC Sample Letter of Inquiry Authority: 10 U.S.C. 983. § 216.1 Purpose. This part:
(a)Implements 10 U.S.C. 983.
(b)Updates policy and responsibilities relating to the management of covered schools that have a policy of denying or effectively preventing military recruiting personnel access to their campuses or access to students on their campuses in a manner that is at least equal in quality and scope to the access to campuses and to students provided to any other employer, or access to student-recruiting information. The term “equal in quality and scope” means the same access to campus and students provided to the nonmilitary recruiter receiving the most favorable access. 1 1 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.,* 126 S. Ct. 1297, 1305 (2006): “The statute requires the Secretary of Defense to compare the military's ‘access to campuses’ and ‘access to students’ to ‘the access to campuses and to students that is provided to *any other employer.* ’ (Emphasis added [by Court].) The statute does not call for an inquiry into why or how the ‘other employer’ secured its access * * * We do not think that the military recruiter has received equal ‘access’ [when a law firm is permitted on campus to interview students and the military is not]—regardless of whether the disparate treatment is attributable to the military's failure to comply with the school's nondiscrimination policy. The Solomon Amendment does not focus on the content of a school's recruiting policy, [but instead on] the result achieved by the policy and compares the ‘access * * * provided’ military recruiters to that provided other recruiters. Applying the same policy to all recruiters is therefore insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. * * * Not only does the text support this view, but this interpretation is necessary to give effect to the Solomon Amendment's recent revision.”
(c)Updates policy and responsibilities relating to the management of covered schools that have an anti-ROTC policy. § 216.2 Applicability. This part applies to the Office of the Secretary of Defense, the Military Departments (including the Coast Guard when it is operating as a Military Service in the Navy), the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD components”). This part also applies, by agreement with the Department of Homeland Security (DHS), to the Coast Guard at all times, including when it is a service in the Department of Homeland Security. The policies herein also affect the Departments of Transportation, Homeland Security, Energy (National Nuclear Security Administration), the Central Intelligence Agency, and any department or agency in which regular appropriations are made in the Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act. The term “Military Services,” as used herein, refers to the Army, the Navy, the Marine Corps, the Air Force, and the Coast Guard, including their Reserve or National Guard components. The term “Related Agencies” as used herein refers to the Armed Forces Retirement Home, the Corporation for National and Community Service, the Corporation for Public Broadcasting, the Federal Mediation and Conciliation Service, the Federal Mine Safety and Health Review Commission, the National Commission on Libraries and Information Science, the National Council on Disability, the National Education Goals Panel, the National Labor Relations Board, the National Mediation Board, the Occupational Safety and Health Review Commission, the Social Security Administration, the Railroad Retirement Board and the United States Institute of Peace. § 216.3 Definitions.
(a)*Anti-ROTC policy.* A policy or practice whereby a covered school prohibits or in effect prevents the Secretary of Defense from maintaining, establishing, or efficiently operating a unit of the Senior ROTC at the covered school, or prohibits or in effect prevents a student at the covered school from enrolling in a Senior ROTC unit at another institution of higher education.
(b)*Covered funds.* “Covered funds” is defined in 10 U.S.C. 983 as any funds made available for the Departments of Defense, Transportation, Homeland Security, or National Nuclear Security Administration of the Department of Energy, the Central Intelligence Agency, or any department or agency in which regular appropriations are made in the Departments of Labor, Health and Human Services, and Education, as well as in Related Agencies Appropriations Act (excluding any Federal funds provided to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance).
(c)*Covered school.* An institution of higher education, or a subelement of an institution of higher education, subject to the following clarifications:
(1)A determination (§ 216.5(a)) affecting only a subelement of a parent institution (see § 216.3(f)) effects a limitation on the use of funds (§ 216.4(a)) applicable to the parent institution as a whole, including the institution's offending subelement and all of its subelements, if any.
(2)When an individual institution of higher education that is part of a single university system (e.g., University of (State) at (City)—a part of that state's university system) has a policy or practice that prohibits, or in effect prevents, access to campuses or access to students on campuses in a manner that is at least equal in quality and scope to the access to its campus and students as it provides to any other employer, or access to student-recruiting information by military recruiters, or has an anti-ROTC policy, as defined in this rule, it is only that individual institution within that university system that is affected by the loss of Federal funds. This limited effect applies even though another campus of the same university system may or may not be affected by a separate determination under § 216.5(a). The funding of a subelement of the offending individual institution of a single university system, if any, will also be withheld as a result of the policies or practices of that offending individual institution.
(d)*Enrolled.* Students are “enrolled” when registered for at least one credit hour of academic credit at the covered school during the most recent, current, or next term. Students who are enrolled during the most recent term, but who are no longer attending the institution, are included.
(e)*Equal in quality and scope.* The same access to campus and students on campus provided to the nonmilitary recruiter receiving the most favorable access. 2 2 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.,* 126 S. Ct. 1297, 1305 (2006): “The statute requires the Secretary of Defense to compare the military's ‘access to campuses’ and ‘access to students’ to ‘the access to campuses and to students that is provided to *any other employer.* ’ (Emphasis added [by Court].) The statute does not call for an inquiry into why or how the ‘other employer' secured its access * * * We do not think that the military recruiter has received equal ‘access' [when a law firm is permitted on campus to interview students and the military is not]—regardless of whether the disparate treatment is attributable to the military's failure to comply with the school's nondiscrimination policy. The Solomon Amendment does not focus on the content of a school's recruiting policy, [but instead on] the result achieved by the policy and compares the ‘access * * * provided’ military recruiters to that provided other recruiters. Applying the same policy to all recruiters is therefore insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. * * * Not only does the text support this view, but this interpretation is necessary to give effect to the Solomon Amendment's recent revision.”
(f)*Institution of higher education.* A domestic college, university, or other institution (or subelement thereof) providing postsecondary school courses of study, including foreign campuses of such domestic institutions. The term includes junior colleges, community colleges, and institutions providing courses leading to undergraduate and post-graduate degrees. The term does not include entities that operate exclusively outside the United States, its territories, and possessions. A subelement of an institution of higher education is a discrete (although not necessarily autonomous) organizational entity that may establish policies or practices affecting military recruiting and related actions (e.g., an undergraduate school, a law school, a medical school, other graduate schools, or a national laboratory connected or affiliated with that parent institution). For example, the School of Law of XYZ University is a subelement of its parent institution (XYZ University).
(g)*Military recruiters.* Personnel of DoD whose current assignment or detail is to a recruiting activity of the DoD.
(h)*Pacifism.* Opposition to war or violence, demonstrated by refusal to participate in military service.
(i)*Student.* An individual who is 17 years of age or older and is enrolled at a covered school.
(j)*Student-recruiting information.* For those students currently enrolled, the student's name, address, telephone listing, age (or year of birth), place of birth, level of education (e.g., freshman, sophomore, or degree awarded for a recent graduate), most recent educational institution attended, and current major(s). § 216.4 Policy. It is DoD policy that:
(a)Under 10 U.S.C. 983, no covered funds may be provided by contract or grant (to include payment on such contracts or grants previously obligated) to a covered school if the Secretary of Defense determines that the covered school:
(1)Has a policy or practice (regardless of when implemented) that either prohibits or in effect prevents the Secretary of Defense or Secretary of Homeland Security from obtaining, for military recruiting purposes, access to campuses or access to students on campuses that is at least equal in quality and scope, as defined in § 216.3(d), to the access to campuses and to students provided to any other employer, or access to directory information on students;
(2)Has failed to disseminate military visit information or alerts at least on par with nonmilitary recruiters since schools offering such services to nonmilitary recruiters must also send e-mails, post notices, etc., on behalf of military recruiters to comply with the Solomon Amendment; 3 3 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.,* 126 S. Ct. at 1308.
(3)Has failed to schedule visits at times requested by military recruiters that coincide with nonmilitary recruiters' visits to campus if this results in a greater level of access for other recruiters than for the military (e.g., offering non-military recruiters a choice of a variety of dates for on-campus interviews while only offering the military recruiters the final day of interviews), as schools must ensure that their recruiting policies operate such that military recruiters are given access to students at least equal to that provided to any other employer; 4 4 *Id.* at 1305.
(4)Has failed to provide military recruiters with a mainstream recruiting location amidst nonmilitary employers to allow unfettered access to interviewees since military recruiters must be given the same access as recruiters who comply with a school's nondiscrimination policy; 5 5 *Id.* at 1306.
(5)Has failed to enforce time, place, and manner policies established by the covered school such that the military recruiters experience an inferior or unsafe recruiting climate, as schools must allow military recruiters on campus and must assist them in whatever way the school assists other employers; 6 6 *Id.* at 1312.
(6)Has through policy or practice in effect denied students permission to participate, or has prevented students from participating, in recruiting activities; or
(7)Has an anti-ROTC policy or practice, as defined in this rule, regardless of when implemented.
(b)The limitations established in paragraph
(a)of this section shall not apply to a covered school if the Secretary of Defense determines that the covered school:
(1)Has ceased the policies or practices defined in paragraph
(a)of this section;
(2)Has a long-standing policy of pacifism (see § 216.3(j)) based on historical religious affiliation;
(3)When not providing requested access to campuses or to students on campus, certifies that all employers are similarly excluded from recruiting on the premises of the covered school, or presents evidence that the degree of access by military recruiters is the same access to campuses or to students on campuses provided to the nonmilitary recruiter receiving the most favorable access; 7 7 *Id.* at 1304.
(4)When not providing any student-recruiting information, certifies that such information is not maintained by the covered school; or that such information already has been provided to the Military Service concerned for that current semester, trimester, quarter, or other academic term, or within the past four months (for institutions without academic terms);
(5)When not providing student-recruiting information for a specific student certifies that the student concerned has formally requested, in writing, that the covered school withhold this information from all third parties;
(c)A covered school may charge military recruiters a fee for the costs incurred in providing access to student-recruiting information when that institution can certify that such charges are the actual costs, provided that such charges are reasonable, customary and identical to fees charged to other employers.
(d)An evaluation to determine whether a covered school maintains a policy or practice covered by paragraphs (a)(1) through
(6)of this section shall be undertaken when:
(1)Military recruiting personnel are prohibited, or in effect prevented, from the same access to campuses or access to students on campuses provided to the nonmilitary recruiter receiving the most favorable access, or are denied access to student-recruiting information; 8 8 *Id.* at 1304.
(2)Information or alerts on military visits are not distributed at least on par with nonmilitary recruiters since schools offering such services to nonmilitary recruiters must also send e-mails, post notices, etc., on behalf of the military recruiter to comply with the Solomon Amendment; 9 9 *Id.* at 1308.
(3)Military recruiters are prohibited from scheduling their visits at requested times that coincide with nonmilitary recruiters' visits to its campus if this results in a greater level of access for other recruiters than for the military as schools must ensure their recruiting policy operates in such a way that military recruiters are given access to students at least equal to that provided to any other employer; 10 10 *Id.* at 1305.
(4)Military recruiters do not receive a mainstream recruiting location amidst nonmilitary employers to allow unfettered access to interviewees since military recruiters must be given the same access as recruiters who comply with the school's nondiscrimination policy; 11 11 *Id.* at 1306.
(5)The school has failed to enforce time, place, and manner policies established by that school such that military recruiters experience an inferior or unsafe recruiting climate, as schools must allow military recruiters on campus and must assist them in whatever way the school chooses to assist other employers; 12 12 *Id.* at 1312.
(6)Evidence is discovered of an institution-sponsored policy or practice that in effect denied students permission to participate, or prevented students from participating in recruiting activities.
(7)The costs being charged by the school for providing student-recruiting information are believed by the military recruiter to be excessive, and the school does not provide information sufficient to support a conclusion that such are the actual costs, provided that they are reasonable and customary, and are identical to those costs charged to other employers; or
(8)The covered school is unwilling to declare in writing, in response to an inquiry from a representative of a DoD component or a representative from the Department of Homeland Security, that the covered school does not have a policy or practice of prohibiting, or in effect preventing, the Secretary of a Military Department or Secretary of Homeland Security from the same access to campuses or access to students on campuses provided to the nonmilitary recruiter receiving the most favorable access, or access to student-recruiting information by military recruiters for purposes of military recruiting.
(e)An evaluation to determine whether a covered school has an anti-ROTC policy covered by paragraph (a)(7) of this section shall be undertaken when:
(1)A Secretary of a Military Department or designee cannot obtain permission to establish, maintain, or efficiently operate a unit of the Senior ROTC; or
(2)Absent a Senior ROTC unit at the covered school, students cannot obtain permission from a covered school to participate, or are effectively prevented from participating, in a unit of the Senior ROTC at another institution of higher education. § 216.5 Responsibilities.
(a)The Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)), under the Under Secretary of Defense for Personnel and Readiness, shall:
(1)Not later than 45 days after receipt of the information described in paragraphs (b)(3) and (c)(1) of this section:
(i)Inform the Office of Naval Research
(ONR)and the Director, Defense Finance and Accounting Service that a final determination will be made so that those offices can make appropriate preparations to carry out their responsibilities should a covered school be determined ineligible to receive Federal funds.
(ii)Make a final determination under 10 U.S.C. 983, as implemented by this part, and notify any affected school of that determination and its basis, and that the school is therefore ineligible to receive covered funds as a result of that determination.
(iii)Disseminate to Federal entities affected by the decision, including the DoD components and the General Services Administration (GSA), and to the Secretary of Education and the head of each other department and agency the funds of which are subject to the determination, the names of the affected institutions identified under paragraph (a)(1)(ii) of this section.
(iv)Notify the Committees on Armed Services of the Senate and the House of Representatives of the affected institutions identified under paragraph (a)(1)(ii) of this section.
(v)Inform the affected school identified under paragraph (a)(1)(ii) of this section that its funding eligibility may be restored if the school provides sufficient new information that the basis for the determination under paragraph (a)(1)(ii) of this section no longer exists.
(2)Not later than 45 days after receipt of a covered school's request to restore its eligibility:
(i)Determine whether the funding status of the covered school should be changed, and notify the applicable school of that determination.
(ii)Notify the parties reflected in paragraphs (a)(1)(i), (a)(1)(iii), and (a)(1)(iv) of this section when a determination of funding ineligibility (paragraph (a)(1)(ii) of this section) has been rescinded.
(3)Publish in the **Federal Register** each determination of the PDUSD(P&R) that a covered school is ineligible for contracts and grants made under 10 U.S.C. 983, as implemented by this part.
(4)Publish in the **Federal Register** least once every 6 months a list of covered schools that are ineligible for contracts and grants by reason of a determination of the Secretary of Defense under 10 U.S.C. 983, as implemented by this part.
(5)Enter information into the Excluded Parties List System 13 about each covered school that the PDUSD(P&R) determines to be ineligible for contracts and grants under 10 U.S.C. 983 and/or this part, generally within 5 days of making thedetermination. 13 The Excluded Parties List System
(EPLS)is the system that the General Services Administration maintains for Executive Branch agencies, with names and other pertinent information of persons who are debarred, suspended, or otherwise ineligible for Federal procurement and/or covered non-procurement transactions.
(6)Provide ONR with an updated list of the names of institutions identified under paragraph (a)(1)(ii) of this section whenever the list changes due to an institution being added to or dropped from the list, so that ONR can carry out its responsibilities for post-award administration of DoD Components' contracts and grants with institutions of higher education.
(7)Provide the Office of the Deputy Chief Financial Officer, DoD, and the Director, Defense Finance and Accounting Service with an updated list of the names of institutions identified under paragraph (a)(1)(ii) of this section whenever the list changes due to an institution being added or dropped from the list, so that those offices can carry out their responsibilities related to cessation of payments of prior contract and grant obligations to institutions of higher education that are on the list.
(8)Publish in the **Federal Register** the list of names of affected institutions that have changed their policies or practices such that they are determined no longer to be in violation of 10 U.S.C. 983 and this part.
(b)The Secretaries of the Military Departments and the Secretary of Homeland Security shall:
(1)Identify covered schools that, by policy or practice, prohibit, or in effect prevent, the same access to campuses or access to students on campuses provided to the nonmilitary recruiter receiving the most favorable access, or access to student-recruiting information by military recruiters for military recruiting purposes.
(i)When requests by military recruiters to schedule recruiting visits are unsuccessful, the Military Service concerned, and the Office of the Secretary of Homeland Security when the Coast Guard is operating as a service in the Department of Homeland Security, shall seek written confirmation of the school's present policy from the head of the school through a letter of inquiry. A letter similar to that shown in Appendix A of this part shall be used, but it should be tailored to the situation presented. If written confirmation cannot be obtained, oral policy statements or attempts to obtain such statements from an appropriate official of the school shall be documented. A copy of the documentation shall be provided to the covered school, which shall be informed of its opportunity to forward clarifying comments within 30 days to accompany the submission to the PDUSD(P&R).
(ii)When a request for student-recruiting information is not fulfilled within a reasonable period, normally 30 days, a letter similar to that shown in Appendix A shall be used to communicate the problem to the school, and the inquiry shall be managed as described in 216.5.(b)(1)(ii). Schools may stipulate that requests for student-recruiting information be in writing.
(2)Identify covered schools that, by policy or practice, deny establishment, maintenance, or efficient operation of a unit of the Senior ROTC, or deny students permission to participate, or effectively prevent students from participating in a unit of the Senior ROTC at another institution of higher education. The Military Service concerned, and the Office of the Secretary of Homeland Security when the Coast Guard is operating as a service in the Department of Homeland Security, shall seek written confirmation of the school's policy from the head of the school through a letter of inquiry. A letter similar to that shown in Appendix B of this part shall be used, but it should be tailored to the situation presented. If written confirmation cannot be obtained, oral policy statements or attempts to obtain such statements from an appropriate official of the school shall be documented. A copy of the documentation shall be provided to the covered school, which shall be informed of its opportunity to forward clarifying comments within 30 days to accompany the submission to the PDUSD(P&R).
(3)Evaluate responses to the letter of inquiry, and other such evidence obtained in accordance with this part, and submit to the PDUSD(P&R) the names and addresses of covered schools that are believed to be in violation of policies established in § 216.4. Full documentation shall be furnished to the PDUSD(P&R) for each such covered school, including the school's formal response to the letter of inquiry, documentation of any oral response, or evidence showing that attempts were made to obtain either written confirmation or an oral statement of the school's policies.
(c)The Heads of the DoD components and Secretary of Homeland Security shall:
(1)Provide the PDUSD(P&R) with the names and addresses of covered schools identified as a result of evaluation(s) required under § 216.4(d) and (e).
(2)Take immediate action to deny obligations of covered funds to covered schools identified under paragraph (a)(1)(ii) of this section, and to restore eligibility of covered schools identified under paragraph (a)(2) of this section. § 216.6 Information requirements. The information requirements identified at § 216.5(b) and (c)(1) have been assigned Report Control Symbol DD-P&R-(AR)-2038 in accordance with DoD 8910.1-M. 14 14 Copies may be obtained at *http://www.dtic.mil/whs/directives/.* Appendix A of Part 216—Military Recruiting Sample Letter of Inquiry (Tailor letter to situation presented) Dr. John Doe President ABC University Anywhere, USA 12345-9876 Dear Dr. Doe: I understand that military recruiting personnel [have been unable to recruit or have been refused student-recruiting information 15 at (subelement of) ABC University)] by a policy or practice of the school. Specifically, military recruiting personnel have reported [here state policy decisions or practices encountered]. [If preliminary information coming to the attention of a Military Service indicates that other Military Services' recruiting representatives have been similarly informed of the policy or experienced a similar practice affecting their ability for military recruiting purposes to have the access or information require, so state.] 15 Student-recruiting information refers to a student's name, address, telephone listing, age (or year of birth), level of education (e.g., freshman, sophomore, or degree awarded for a recent graduate), and major(s). Current Federal law 16 denies the use of certain Federal funds through grants or contracts, to include payment on such contracts or grants previously obligated, (excluding any Federal funding to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance) from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and related agencies to institutions of higher education (including any subelements of such institutions) that have a policy or practice of denying military recruiting personnel access to campuses or access to students on campuses, in a manner that is at least equal in quality and scope, 17 as it provides to the nonmilitary recruiter receiving the most favorable access, or access to student recruiting information. Implementing regulations are codified at 32 Code of Federal Regulations, part 216. 16 10 U.S.C. 983. 17 *Rumsfeld* v. *Forum for Academic and Institutional Rights, Inc.* , 126 S. Ct. 1297 (2006): “The statute requires the Secretary of Defense to compare the military's ‘access to campuses’ and ‘access to students’ to ‘the access to campuses and to students that is provided to *any other employer.* ’ (Emphasis add [by Court].) * * * The Solomon Amendment does not focus on the content of a school's recruiting policy, [but instead on] the result achieved by the policy and compares the ‘access * * * provided' military recruiters to that provided other recruiters. Applying the same policy to all recruiters is therefore insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. * * * Not only does the text of the statute support this view, but this interpretation is necessary to give effect to the Solomon Amendment's recent revision.” This letter provides you an opportunity to clarify your institution's policy regarding military recruiting on the campus of [University]. In that regard, I request, within the next 30 days, a written policy statement of the institution with respect to access to campus and students by military recruiting personnel. Your response should highlight any difference between access for military recruiters and access for recruiting by other potential employers. Based on this information and any additional facts you can provide, Department of Defense officials will make a determination as to your institution's eligibility to receive funds by grant or contract. That decision may affect eligibility for funding from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and related agencies. Should it be determined that [University] as an institution of higher education (or any subelement of the institution) is in violation of the aforementioned statutes and regulations, such funding would be stopped, and the institution of higher education (including any subelements of the institution) would remain ineligible to receive such funds until and unless the Department of Defense determines that the institution has ceased the offending policies and practices. I regret that this action may have to be taken. Successful recruiting requires that Department of Defense recruiters have equal access to students on the campuses of colleges and universities [and student-recruiting information], and at the same time, have effective relationships with the officials and student bodies of those institutions. I hope it will be possible to identify and correct any policies or practices that inhibit military recruiting at your school. [My representative, (name), is] [I am] available to answer any of your questions by telephone at [telephone number]. I look forward to your reply. Sincerely, Appendix B of Part 216—ROTC Sample Letter of Inquiry (Tailor letter to situation presented) Dr. Jane Smith President ABC University Anywhere, USA 12345-9876 Dear Dr. Smith: I understand that ABC University has [refused a request from a Military Department to establish a Senior ROTC unit at your institution][refused to continue existing ROTC programs at your institution][prevented students from participation at a Senior ROTC program at another institution] by a policy or practice of the University. Current Federal law 18 denies the use of certain Federal funds through grants or contracts, to include payment on such contracts or grants previously obligated, (excluding any Federal funding to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance) from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and related agencies to institutions of higher education (including any subelements of such institutions) that have a policy or practice of prohibiting or preventing the Secretary of Defense from maintaining, establishing, or efficiently operating a Senior ROTC unit. Implementing regulations are codified at 32 Code of Federal Regulations, part 216. 18 10 U.S.C. 983. This letter provides you an opportunity to clarify your institution's policy regarding ROTC access on the campus of ABC University. In that regard, I request, within the next 30 days, a written statement of the institution with respect to [define the problem area(s)]. Based on this information, Department of Defense officials will make a determination as to your institution's eligibility to receive the above-referenced funds by grant or contract. That decision may affect eligibility for funding from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and related agencies. Should it be determined that [University] as an institution of higher education (or any subelement of the institution) is in violation of the aforementioned statutes and regulations, such funding would be stopped, and the institution of higher education (including any subelements of the institution) would remain ineligible to receive such funds until and unless the Department of Defense determines that the institution has ceased the offending policies and practices. I regret that this action may have to be taken. Successful officer procurement requires that the Department of Defense maintain a strong ROTC program. I hope it will be possible to [define the correction to the aforementioned problem area(s)]. [My representative, (name), is] [I am] available to answer any of your questions by telephone at [telephone number]. I look forward to your reply. Sincerely, Dated: May 1, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-8662 Filed 5-4-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09-07-007] RIN 1625-AA00 Safety Zone, Chicago Harbor, Navy Pier East, Chicago, IL AGENCY: Coast Guard, DHS. ACTION: Notice of Proposed Rulemaking. SUMMARY: The Coast Guard is proposing to establish a Safety Zone in Chicago Harbor. This zone is intended to restrict vessels from portions of Chicago Harbor during fireworks displays that pose a hazard to public safety. This zone is necessary to protect the public from the hazards associated with fireworks displays. DATES: Comments and related materials must reach the Coast Guard on or before June 6, 2007. ADDRESSES: You may mail comments and related material to Commander Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207. The Sector Lake Michigan Prevention Department maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have further questions on this rule, contact CWO Brad Hinken, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at
(414)747-7154. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to submit comments and related materials. If you submit a comment, please include your name and address, identify the docket number for this rulemaking [CGD09-07-007], indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by mail (see ADDRESSES ). If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period, which may result in a modification to the rule. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a public meeting (see ADDRESSES ) explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose This safety zone is necessary to protect vessels and people from the hazards associated with fireworks displays. Such hazards include the explosive danger of fireworks and debris falling into the water that may cause death or serious bodily harm. Discussion of Rule The proposed safety zone is necessary to ensure the safety of vessels and people during fireworks displays in Chicago Harbor. The proposed safety zone encompasses the waters of Lake Michigan within Chicago Harbor between the east end of near Navy Pier and the Chicago Harbor breakwater. The Coast Guard Patrol Commander will be on-scene while the safety zone is enacted and inform the public that the safety zone is being enforced. The Captain of the Port will cause notice of enforcement of the safety zone established by this section to be made by all appropriate means to the affected segments of the public including publication in the **Federal Register** as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended. The proposed safety zone replaces 33 CFR 165.918 Safety Zones; Annual fireworks events in the Captain of the Port Chicago Zone, paragraph (a)(13) and (14). The safety zone will encompass the waters of Lake Michigan within Chicago Harbor between the east end of Navy Pier and the Chicago Harbor breakwater beginning at 41°53′37″ N, 087°35′26″ W; then south to 41°53′24″ N, 087°35′26″ W; then east to 41°53′24″ N, 087°35′55″ W; then north to 41°53′37″ N, 087°35′55″ W; then back to the point of origin. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. The Coast Guard's use of this safety zone will be periodic in nature and will likely not exceed 10, one-hour events per year. This safety zone will only be enforced during the time the safety zone is actually in use. Furthermore, this safety zone has been designed to allow vessels to transit unrestricted to portions of the harbor not affected by the zone. The Coast Guard expects insignificant adverse impact to mariners from the activation of this zone. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. We suspect that there may be small entities affected by this rule but are unable to provide more definitive information as to the number of small entities that may be affected. The risk, outlined above, is severe and requires that immediate action be taken. The Coast Guard will evaluate whether a substantial number of small entities are affected as more information becomes available. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule will have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES . In your comment, explain why you think it qualifies, how, and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This proposed rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. Taking of Private Property This proposed rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that this proposed safety zone and fishing rights protection need not be incompatible. We have also determined that this Proposed Rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Nevertheless, Indian Tribes that have questions concerning the provisions of this Proposed Rule or options for compliance are encourage to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore we believe this rule should be categorically excluded, under figure 2-1, paragraph 34
(g)from further environmental documentation. This proposed rule establishes a safety zone and as such is covered by this paragraph. A preliminary “Environmental Analysis Check List” and a preliminary “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.933 to read as follows: § 165.933 Safety Zone, Chicago Harbor, Navy Pier East, Chicago IL.
(a)*Location.* The following area is a safety zone: The waters of Lake Michigan within Chicago Harbor between the east end of Navy Pier and the Chicago Harbor breakwater beginning at 41°53′37″ N, 087°35′26″ W; then south to 41°53′24″ N, 087°35′26″ W; then east to 41°53′24″ N, 087°35′55″ W; then north to 41°53′37″ N, 087°35′55″ W; then back to the point of origin.
(b)*Definitions.* The following definitions apply to this section:
(1)Designated representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Lake Michigan to monitor this safety zone, permit entry into this zone, give legally enforceable orders to persons or vessels within this zones and take other actions authorized by the Captain of the Port.
(2)Public vessel means vessels owned, chartered, or operated by the United States, or by a State or political subdivision thereof.
(c)*Regulations.*
(1)The general regulations in 33 CFR 165.23 apply.
(2)All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or a designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed.
(4)All vessels must obtain permission from the Captain of the Port or a designated representative to enter, move within or exit the safety zone established in this section when this safety zone is enforced. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course.
(d)*Notice of Enforcement or Suspension of Enforcement.* The safety zone established by this section will be enforced only upon notice of the Captain of the Port. The Captain of the Port will cause notice of enforcement of the safety zone established by this section to be made by all appropriate means to the affected segments of the public including publication in the **Federal Register** as practicable, in accordance with 33 CFR 165.7 (a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended.
(e)*Exemption.* Public vessels as defined in paragraph
(b)of this section are exempt from the requirements in this section.
(f)*Wavier.* For any vessel, the Captain of the Port Lake Michigan or a designated representative may waive any of the requirements of this section, upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or environmental safety. Dated: March 12, 2007. Bruce C. Jones, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. E7-8605 Filed 5-4-07; 8:45 am] BILLING CODE 4910-15-P GENERAL SERVICES ADMINISTRATION 41 CFR Parts 101-42, 101-45, and 102-40 [FPMR Case 2003-101-1; Docket 2007-001; Sequence 2] [FMR Case 2003-102-4] RIN 3090-AH21 Federal Management Regulation; FPMR Case 2003-101-1; FMR Case 2003-102-4, Disposition of Personal Property with Special Handling Requirements AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Proposed rule. SUMMARY: The General Services Administration is proposing to amend the Federal Property Management Regulations
(FPMR)by revising coverage on the hazardous and certain categories of personal property and moving it into the Federal Management Regulation
(FMR)addressing all types of property requiring special handling. A cross-reference is added to the FPMR to direct readers to the coverage in the FMR. The FMR coverage is written in plain language to provide agencies with updated regulatory material that is easy to read and understand. DATES: Interested parties should submit comments in writing on or before June 6, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FPMR case 2003-101-1 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 “General Services Administration” as the agency of choice. At the “Keyword” prompt, type in the FMR case number (for example, FPMR case 2003-101-1) and click on the “Submit” button. Please include any personal and/or business information inside the document. 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 “General Services Administration”, and typing the FMR 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 FPMR case 2003-101-1 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, GS Building, Washington, DC 20405, at
(202)501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Robert Holcombe, Director, Asset Management (MTA), at
(202)501-3828. Please cite FPMR Case 2003-101-1. SUPPLEMENTARY INFORMATION: A. Background This proposed rule updates, streamlines, and clarifies FPMR part 101-42 and moves the part into the FMR as part 102-40. This proposed rule also removes §§ 101-45.001, 101-45.002, and 101-45.004. The subject matter of these sections is addressed in section 102-40.190 (disposal of items requiring demilitarization); section 102-40.50 (handling of property reported to GSA so as to preserve civilian utility as far as possible); section 102-40.220 (disposal of gold as a precious metal); and section 102-40.135 (disposal of ATVs). In addition, this proposed rule removes section 101-45.003 regarding vehicle reconditioning. That section provides guidance that the Federal fleet community considers standard business practices, and is more prescriptive of specific tasks than is intended by this Governmentwide policy regulation. The proposed rule is written in a plain language question and answer format. This style uses an active voice, shorter sentences, and pronouns. A question and its answer combine to establish a rule. The employee and the agency must follow the language contained in both the question and its answer. Proposed FMR part 102-40 includes the following specific changes from FPMR part 101-42: 1. Proposed section 102-40.30 includes the following terms and definitions not found in section 101-42.001: Ammunition Commerce Control List Item
(CCLI)Demilitarization Material Safety Data Sheet
(MSDS)Medical devices Precious metal 2. Proposed section 102-40.95 revises FPMR section 101-42.401, Sales responsibilities for hazardous material, by allowing agencies to sell property with special handling requirements. 3. Proposed section 102-40.150 has special requirements for handling asbestos products. 4. Proposed section 102-40.140 introduces the topic of disposal of ammunition which does not appear in part 101-42. The disposition of ammunition and ammunition components are combined in this part 102-40. A new policy contained in part 102-40 allows the sale of ammunition and ammunition components to activities licensed to perform manufacturing/ demanufacturing/remanufacturing, or licensed to recover basic material content of the ammunition or ammunition components. Expended ammunition cartridge cases may be transferred or donated when the recipient certifies that the cartridge case will be reloaded and used only for law enforcement purposes. 5. Proposed section 102-40.195 has special requirements for handling Commerce Control List items. 6. Proposed part 102-40 incorporates topics that appeared in 41 CFR part 101-45; specifically, the provisions appearing at section 101-45.001, “Demilitarization and decontamination”; section 101-45.002, “Gold”; and section 101-45.004, “All terrain vehicles.” The subject matter of these sections is addressed in section 102-40.190 (disposal of items requiring demilitarization); section 102-40.50 (handling of property reported to GSA so as to preserve civilian utility as far as possible); section 102-40.220 (disposal of gold as a precious metal); and section 102-40.135 (disposal of ATVs). This proposed rule removes section 101-45.003 regarding vehicle reconditioning. That section provides guidance that the Federal fleet community considers standard business practices, and is more prescriptive of specific tasks than is intended by this Governmentwide policy regulation. 7. Proposed part 102-40 is less prescriptive. It is GSA's intention to use these FMR regulations to describe “what” is to be accomplished, not “how” to perform a specific task. B. Executive Order 12866 GSA has determined that this proposed rule is not a significant rule for the purposes of Executive Order 12866 of September 30, 1993. C. Regulatory Flexibility Act This proposed rule is not required to be published in the **Federal Register** for notice and comment; therefore, the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , does not apply. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this proposed rule does not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget
(OMB)under 44 U.S.C. 3501, *et seq.* E. Small Business Regulatory Enforcement Fairness Act This proposed rule is exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Parts 101-42, 101-45, and 102-40 Government property management. Dated: December 11, 2006. Kevin Messner, Acting Associate Administrator. For the reasons set forth in the preamble, GSA proposes to amend 41 CFR chapters 101 and 102 as follows: CHAPTER 101—FEDERAL PROPERTY MANAGEMENT REGULATIONS 1. Part 101-42 is revised to read as follows: PART 101-42—DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING REQUIREMENTS Authority: 40 U.S.C. 121(c). § 101-42.000 Cross-reference to the Federal Management Regulation
(FMR)(41 CFR chapter 102, parts 102-1 through 102-220). For information on the disposition of personal property with special handling requirements previously contained in this part, see FMR part 40 (41 CFR part 102-40), Disposition of Personal Property with Special Handling Requirements. PART 101-45—SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY 2. The authority citation for part 101-45 continues to read as follows: Authority: 40 U.S.C. 545 and 121(c). § 101-45.001 [Removed] 3. Section 101-45.001 is removed. § 101-45.002 [Removed] 4. Section 101-45.002 is removed. § 101-45.003 [Removed] 5. Section 101-45.003 is removed. § 101-45.004 [Removed] 6. Section 101-45.004 is removed. CHAPTER 102—Federal Management Regulation 7. Part 102-40 is added to subchapter B of chapter 102 to read as follows: PART 102-40—DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING REQUIREMENTS Subpart A—General Provisions Sec. 102-40.5 What does this part cover? 102-40.10 What is the governing authority for this part? 102-40.15 Who must comply with the provisions in this part? 102-40.20 To whom do “we”, “you”, and their variants refer? 102-40.25 How do we request a deviation from these requirements and who can approve it? Definitions 102-40.30 What definitions apply to this part? Subpart B—Responsibilities 102-40.35 What types of personal property require special handling? 102-40.40 What are our responsibilities concerning personal property requiring special handling? 102-40.45 What must we do when we have identified personal property with special handling requirements? 102-40.50 What must we do when we no longer need personal property with special handling requirements? 102-40.55 Do we report all excess personal property with special handling requirements to GSA? 102-40.60 Who is responsible for the custody of hazardous materials and property requiring special handling? 102-40.65 Who is responsible for the care and handling of hazardous materials and property requiring special handling? Subpart C—Transfer and Donation of Personal Property With Special Handling Requirements 102-40.70 What must we do when reporting excess personal property with special handling requirements? 102-40.75 Is personal property requiring special handling available for transfer or donation? 102-40.80 Is donee certification required on the donation of personal property requiring special handling? 102-40.85 Must we follow additional requirements for the inspection of personal property with special handling requirements? 102-40.90 Who pays for the costs incident to the transfer or donation of personal property with special handling requirements? Subpart D—Sale of Personal Property With Special Handling Requirements 102-40.95 May we sell personal property with special handling requirements? 102-40.100 May we use any sales method to sell personal property that require special handling? 102-40.105 What must we include in the sales terms and conditions when selling personal property with special handling requirements? 102-40.110 Are certifications required from the purchaser when selling personal property with special handling requirements? 102-40.115 What precautions must we take during the sales process for personal property requiring special handling? 102-40.120 May we dispose of personal property requiring special handling by abandonment or destruction? Subpart E—Personal Property with Special Handling Requirements 102-40.125 What categories of personal property require special handling? 102-40.130 How do we manage acid-contaminated and explosive-contaminated property? 102-40.135 How do we handle all-terrain vehicles (ATVs)? 102-40.140 How do we handle ammunition? 102-40.145 How do we handle animals and plants? 102-40.150 How do we handle asbestos? 102-40.155 How do we handle controlled substances? 102-40.160 How do we handle drugs, biologicals, and reagents other than controlled substances? 102-40.165 How do we handle electronic products? 102-40.170 How do we handle firearms? 102-40.175 How do we handle hazardous materials? 102-40.180 How do we handle lead-containing paints and items bearing lead-containing paint? 102-40.185 How do we handle medical devices? 102-40.190 How do we handle Munitions List Items (MLIs)? 102-40.195 How do we handle Commerce Control List Items (CCLIs)? 102-40.200 How do we handle national stockpile material? 102-40.205 How do we handle Nuclear Regulatory Commission-controlled materials? 102-40.210 How do we handle ozone depleting substances? 102-40.215 How do we handle polychlorinated biphenyls (PCBs)? 102-40.220 How do we handle precious metals? 102-40.225 How do we handle vehicles not suitable for highway use? Appendix A Federal Supply Classes
(FSC)Composed Predominantly of Hazardous Items Appendix B Federal Supply Classes and Groups Which Contain A Significant Number of Hazardous Items Authority: 40 U.S.C. 121(c). Subpart A—General Provisions § 102-40.5 What does this part cover? This part provides guidance on the transfer, donation, sale and other disposal of Government personal property with special handling requirements located in the United States, the District of Columbia, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, Federated States of Micronesia, the Marshall Islands, and Palau. For guidance on disposing of personal property located outside these areas, see §§ 102-36.380 through 102-36.400 of this subchapter B. § 102-40.10 What is the governing authority for this part? Section 121(c) of title 40 of the United States Code, Subtitle I—Federal Property and Administrative Services, authorizes the Administrator of General Services to prescribe regulations necessary to perform functions under this part. § 102-40.15 Who must comply with the provisions in this part? All executive agencies must comply with the provisions of this part unless authorized by separate statutory authority to do otherwise. Legislative and judicial agencies are encouraged to follow these provisions. § 102-40.20 To whom do “we”, “you”, and their variants refer? The pronouns “we”, “you”, and their variants throughout this part refer to the agency. § 102-40.25 How do we request a deviation from these requirements and who can approve it? See §§ 102-2.60 through 102-2.110 of subchapter A to request a deviation from the requirements of this part. Definitions § 102-40.30 What definitions apply to this part? The following definitions apply to this part: *Acid-contaminated property* means property that may cause burns or toxicosis when improperly handled due to acid residues adhering to or trapped within the material. *Ammunition* means any device charged with explosives, propellants, pyrotechnics, or nuclear, biological, or chemical material, for use in connection with defense, offense, or demolitions. *Ammunition components* means the parts used in ammunition, to include cartridge cases, primers, bullets/projectiles, and propellant powder. *Biologicals* means hazardous materials associated with the products and operations of applied biology and biochemistry, especially serums, vaccines, etc., produced from microorganisms. *Commerce Control List Item (CCLI)* means property identified on the Commerce Control List (15 CFR part 774) subject to export controls under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420) and implemented by the Export Administration Regulations (15 CFR part 730). Items may be placed on the list for reasons of technology transfer, scarcity of materials, crime control, and national security. *Controlled substances* means—
(1)Any narcotic, depressant, stimulant, or hallucinogenic drug, or any other drug or substance included in Schedules I, II, III, IV, or V of section 202 of the Controlled Substances Act (21 U.S.C. 812), except exempt chemical preparations and mixtures and excluded substances listed in 21 CFR part 1308;
(2)Any other drug or substance that the Attorney General determines to be subject to control under Subchapter I of the Controlled Substances Act (21 U.S.C. 801 to 904); or
(3)Any other drug or substance that by international treaty, convention, or protocol is to be controlled by the United States. *Demilitarization* means, as defined by the Department of Defense
(DOD)in the Defense Material Disposition Manual, DOD 4160.21-M ( *www.dla.mil/dlaps/dod/416021m/guide.asp* ), the act of destroying the military offensive or defensive advantages inherent in certain types of equipment or material. The term includes mutilation, dumping at sea, scrapping, melting, burning, or alteration designed to prevent the further use of this equipment and material for its originally intended military or lethal purpose and applies equally to material in unserviceable or serviceable condition that has been screened through an Inventory Control Point and declared excess or foreign excess. *Explosive-contaminated property* means property that may ignite or explode when exposed to shock, flame, sparks, or other high temperature sources due to residual explosive material in joints, angles, cracks, or around bolts. *Extremely hazardous property* means property hazardous to the extent that it generally requires special handling such as licensing and training of handlers, protective clothing, and special containers and storage. Because of its extreme flammability, toxicity, corrosivity or other perilous qualities, it could constitute an immediate danger or threat to public health or safety or the environment if released to the general public. *Firearm* means any weapon, silencer, or destructive device designed to, or readily convertible to, expel a projectile by the action of an explosive, as defined in Title 26 of the Internal Revenue Code (26 U.S.C. 5845). Excludes antique firearms as defined in 26 U.S.C. 5845(g). *Hazardous material* means property that is deemed a hazardous material, chemical substance or mixture, or hazardous waste under the Hazardous Materials Transportation Act (HMTA), the Resource Conservation and Recovery Act (RCRA), or the Toxic Substances Control Act (TSCA). Generally, hazardous materials have one or more of the following characteristics:
(1)Has a flash point below 200°F (93.3°C), closed cup, or is subject to spontaneous heating.
(2)Is subject to polymerization with the release of large amounts of energy when handled, stored, or shipped without adequate controls.
(3)In the course of normal operations, may produce fibers, dusts, gases, fumes, vapors, mists, or smokes which have one or more of the following characteristics:
(i)Causes 50 percent fatalities to test animals below 500 mg/kg of test animal weight when a single oral Lethal Dose, 50%
(LD50)or semi-lethal dose is used.
(ii)Is a flammable solid or a strong oxidizing or reducing agent.
(iii)Causes first degree burns to skin in a short time exposure, or is systematically toxic by skin contact.
(iv)Has a permissible exposure limit
(PEL)below 1000 parts per million for gases and vapors, below 500 mg/mm3 for fumes, or below 2 fibers/CM3 for dust.
(v)Causes occupational chemical dermatitis, which is any abnormality of the skin induced or aggravated by the work environment which includes but is not limited to primary irritant categories, allergic sensitizers, and photo sensitizers.
(4)Is radioactive to the extent it requires special handling.
(5)Is a recognized carcinogen according to Occupational Safety and Health Administration
(OSHA)regulations at 29 CFR part 1910.
(6)Possesses special characteristics which, in the opinion of the holding agency, could be hazardous to health, safety, or the environment if improperly handled, stored, transported, disposed of, or otherwise improperly used. *Hazardous waste* means those materials the handling and disposal of which are governed by 40 CFR parts 260 through 265 and 268. Hazardous materials generally become hazardous wastes when they are no longer suitable for their intended or valid alternate purpose, or for resource recovery. Some solid (non-hazardous) wastes are predetermined hazardous wastes upon generation (40 CFR part 261, subpart D); some are determined hazardous wastes when they exhibit ignitability, corrosivity, reactivity, or extraction procedure toxicity. *Lead-containing paint* means paint or other similar surface coating material containing lead or lead compounds in excess of 0.06 percent of the weight of the total nonvolatile content of the paint or the weight of the dried paint film. *Material Safety Data Sheet (MSDS)* means the documentation, as required by 29 CFR 1910.1200, identifying the potential hazards associated with the specific category of product or property. Sources of MSDS information may be the manufacturer, distributor, or the procuring agency. *Medical devices* means any health-care product that does not achieve its principle intended purposes by chemical action in or on the body or by being metabolized. Medical devices are categorized in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301-399). *Munitions List Item (MLI)* means property, services, and related technical data designated as defense articles and defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). Implementing regulations may be found in 22 CFR parts 120 and 121. *Nuclear Regulatory Commission-Controlled Material* means material subject to the controls of the Nuclear Regulatory Commission (NRC). The materials are defined as follows:
(1)*Byproduct material* : Any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (See 10 CFR part 30).
(2)*Source material* : Uranium or thorium, or any combination thereof, in any physical or chemical form or ores which contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof. Source material does not include special nuclear material. (See 10 CFR part 40).
(3)*Special nuclear material* : Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, any other materials which the NRC, pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 *et seq.* ), including any amendments thereto, determines to be special nuclear material, or any material artificially enriched by any of the foregoing, but does not include source material. (See 10 CFR part 70). *Perishable* means an item subject to rapid deterioration or spoilage when removed from special storage conditions or care, such as fresh food, animals, and plants. *Precious metal* means gold, silver, and platinum group metals (platinum, palladium, iridium, rhodium, osmium, and ruthenium). *Reagent* means any hazardous material used to detect or measure another substance or to convert one substance into another by means of the reactions it causes. Subpart B—Responsibilities § 102-40.35 What types of personal property require special handling? Personal property containing hazardous materials or other elements that require compliance with Federal, State, and local laws in their usage, storage, transportation and disposal, and the inadequate control of which may lead to potential safety, health, environmental, economic, or national security risks. § 102-40.40 What are our responsibilities concerning personal property requiring special handling? You are responsible for—
(a)Identifying and accounting for property with special handling requirements;
(b)Complying with applicable Federal, State, and local laws and regulations concerning the handling, storage, labeling, use, and final disposition of such property;
(c)Ensuring adequate storage and safeguard of such property, *e.g.* , secured or limited access storage areas, warning signs, and protective clothing and equipment; and
(d)Transporting materials requiring special handling in accordance with Department of Transportation (DOT), Environmental Protection Agency (EPA), and State and local regulations. § 102-40.45 What must we do when we have identified personal property with special handling requirements? You must properly mark, tag, or label personal property with special handling requirements in accordance with applicable Federal law, including the Occupational Safety and Health Administration requirements (29 CFR 1910.1200), regarding the actual or potential hazard associated with the property, and ensure that such information is maintained and perpetuated in the official agency property records. Labeling requirements for substances that are excluded from the requirements of 29 CFR 1910.1200 are found in the references listed in 29 CFR 1910.1200(b)(5) and (6). § 102-40.50 What must we do when we no longer need personal property with special handling requirements? Except for the items listed in § 102-40.55, you must report personal property with special handling requirements that you no longer need to the General Services Administration
(GSA)for Federal or donation screening. Dispose of property not required to be reported to GSA in accordance with applicable Federal, State, and local laws and regulations, and your agency procedures. Disposal must be accomplished so as to preserve as much as possible any civilian utility or commercial value of the property. § 102-40.55 Do we report all excess personal property with special handling requirements to GSA? No. Because of their characteristics, certain items are not subject to the usual disposal procedures. You should not report to GSA excess personal property with special handling requirements in any of the categories listed below.
(a)*Extremely hazardous personal property* . You must dispose of extremely hazardous personal property not reported to GSA in accordance with applicable demilitarization requirements, EPA regulations, State and local laws or regulations, and other Federal laws, regulations or guidelines.
(b)*Hazardous wastes* . You must dispose of hazardous wastes in accordance with applicable demilitarization requirements, EPA regulations, State and local laws or regulations, and other Federal laws, regulations or guidelines.
(c)*Perishables* . You may dispose of perishables by abandonment/destruction when it is not detrimental to public health or safety. See the abandonment/destruction provisions in part 102-36 of this subchapter B.
(d)*EPA research materials* . The EPA, under its independent authority, may transfer accountability for hazardous materials deemed by EPA to be research materials to Federal, State, and local agencies, research institutions, or commercial businesses to conduct research or to perform the actual cleanup of a contaminated site. § 102-40.60 Who is responsible for the custody of hazardous materials and property requiring special handling? The holding agency is responsible for the custody of hazardous materials and property requiring special handling. Custody of these items may be transferred in whole or in part to another Federal agency with that agency's consent. § 102-40.65 Who is responsible for the care and handling of hazardous materials and property requiring special handling? The holding agency is responsible for the care and handling of hazardous materials and property requiring special handling until the time the property has completed the disposal process; and has been transferred, donated, sold, or destroyed, as authorized by this part. The nature of this material may require extra precautions, processes, or equipment, thereby increasing the cost of care and handling. Subpart C—Transfer and Donation of Personal Property With Special Handling Requirements § 102-40.70 What must we do when reporting excess personal property with special handling requirements? You must include with your report of excess a complete description of the characteristics of the property, use or disposal restrictions, and the actual or potential hazard associated with the use, handling, or storage of the item. You should include a Material Safety Data Sheet
(MSDS)or Hazardous Material Information System
(HMIS)record (or equivalent) if available. The physical item which requires special handling must also be marked so as to identify its special characteristic. § 102-40.75 Is personal property requiring special handling available for transfer or donation? Generally, yes, with the exceptions contained in this part, personal property requiring special handling is available for transfer or donation in accordance with 41 CFR parts 102-36 and 102-37 of this subchapter B respectively. However, all transfer and donation documents must include a complete description of the actual or potential hazard associated with the handling, storage, use, or disposal of the item. § 102-40.80 Is donee certification required on the donation of personal property requiring special handling? Yes, GSA will not approve a donation to a State Agency for Surplus Property
(SASP)unless an eligible donee has been identified. The transfer document must contain a full description of the actual or potential hazard(s) and restriction(s) associated with the handling, storage, use, transportation, or disposal of the item. In addition, the following certification (or an equivalent) must be signed by the donee: I (We), the undersigned, hereby certify that the donee has knowledge and understanding of the hazardous nature of the property hereby donated and will comply with all applicable Federal, State, and local laws, ordinances, and regulations with respect to the care, handling, storage, shipment, and disposal of the hazardous material(s). The donee agrees and certifies that the United States shall not be liable for personal injuries to, disabilities of, or death of the donee or the donee's employees, or any other person arising from or incident to the donation of the hazardous material(s) or its final disposition. Additionally, the donee agrees and certifies to hold the United States harmless from and shall indemnify the United States against any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the donation of the hazardous material(s), its use, or final disposition. ______________ Name of Donee (print or type) ______________ Signature of Donee § 102-40.85 Must we follow additional requirements for the inspection of personal property with special handling requirements? Yes, you are responsible for establishing appropriate safeguards and providing instructions for personal protection to screeners who are inspecting property with special handling requirements. § 102-40.90 Who pays for the costs incident to the transfer or donation of personal property with special handling requirements? You may charge the Federal agency or donation recipient any costs you incurred in packing, preparing for shipment, and transporting property with special handling requirements (see parts 102-36 and 102-37 of this subchapter B). Subpart D—Sale of Personal Property With Special Handling Requirements § 102-40.95 May we sell personal property with special handling requirements? Generally, yes, you may sell personal property with special handling requirements when you
(1)comply with applicable Federal, State, and local laws and regulations, including 41 CFR part 102-38, and
(2)follow applicable precautions including but not limited to proper packaging of the property, labeling of appropriate warning signs, and allowing for inspection of the property with proper safeguards. § 102-40.100 May we use any sales method to sell personal property that requires special handling? Yes, you may use any of the sales methods provided in part 102-38 of this subchapter B, but you must—
(a)Hold sales of such property separately from other sales,
(b)Store and display such property in a safe and controlled manner as required by applicable statutes or regulations,
(c)Indicate if the property is being sold only for scrap, and/or if there are any use requirements, and
(d)Comply with the requirements of other Federal, State, and local laws and regulations. § 102-40.105 What must we include in the sales terms and conditions when selling personal property with special handling requirements? In addition to the recommended sales terms and conditions contained in part 102-38 of this subchapter B, when selling personal property with special handling requirements you must include the following in the sales terms and conditions:
(a)A full description of the actual or potential hazard(s) associated with handling, storage, or use of the item, as well as any use restrictions or limitations.
(b)A MSDS, when available.
(c)A certification, executed by a duly authorized agency official, that the item is appropriately labeled and packaged in accordance with applicable regulatory and statutory requirements.
(d)Any additional requirements the purchaser must comply with prior to removal, *e.g.* , demilitarization on-site.
(e)The necessary steps the purchaser must take in the handling and transportation of the property when the property is sold.
(f)A statement that it is the purchaser's responsibility to comply with all applicable Federal, State, local, and export laws and regulations to ensure the proper registration, licensing, possession, transportation, and subsequent use, resale or disposal of the property. You must use the following certification (or an equivalent certification) when offering for sale an item requiring special handling. Failure to sign the certification may result in the bid being rejected as nonresponsive: The undersigned bidder hereby certifies that if awarded a contract under this invitation for bids, the bidder will comply with all applicable Federal, State, and local laws, ordinances, and regulations with respect to the care, handling, storage, shipment, resale, export, or other use of the material hereby purchased. The bidder will hold the United States harmless from and indemnify the United States against any or all debts, liabilities, judgments, costs, demands, suits, actions, or other claims of any nature arising from or incident to the handling, use, storage, shipment, resale, export, or other disposition of the items purchased. ______________ Name of bidder (print or type) ______________ Signature of bidder § 102-40.110 Are certifications required from the purchaser when selling personal property with special handling requirements? Yes, in addition to receiving a certification that the purchaser will comply with all Federal, State, and local laws and regulations with respect to the care, handling, storage, shipment, and disposal of personal property with special handling requirements, you must obtain from the purchaser a certification that the purchaser will comply with any additional requirements associated with the property, such as demilitarization, export controls on Commerce-controlled list items, or mutilation requirements for flight safety critical aircraft parts. § 102-40.115 What precautions must we take during the sales process for personal property requiring special handling? It is your responsibility to prepare items with special handling requirements for sale, provide all necessary information to ensure that prospective bidders are informed of hazards, and identify precautions that bidders should take to protect themselves while inspecting, packing or moving items with special handling requirements. You must make any safety gear or equipment needed during the sales process available to prospective bidders and others involved in the inspection, packing, or moving of these items. § 102-40.120 May we dispose of personal property requiring special handling by abandonment or destruction? Yes, you may dispose of personal property requiring special handling by abandonment or destruction. However, in addition to the requirements for the abandonment or destruction of property in §§ 102-36.305 through 102-36.330 of this subchapter B, you must also satisfy applicable Federal, State, and local waste disposal and air and water pollution control standards, laws, and regulations. You must ensure that such property, including empty hazardous material containers, not be abandoned until made safe, demilitarized, reduced to scrap, or otherwise made innocuous. National security classified items must be declassified or destroyed in accordance with holding agency regulations. Subpart E—Personal Property With Special Handling Requirements § 102-40.125 What categories of personal property require special handling? Many categories of personal property have special handling requirements in compliance with applicable Federal, State, and local regulations and ordinances for their handling, transportation, storage, disposal and use. See Appendix A to this part for a listing of Federal Supply Classifications
(FSCs)containing predominately hazardous items and Appendix B to this part for a listing of FSCs containing a significant number of hazardous items. See §§ 102-40.130 through 102-40.225 for special handling instructions for some categories of property that Federal property managers are likely to have responsibility for. § 102-40.130 How do we manage acid-contaminated and explosive-contaminated property? Acid-contaminated or explosive-contaminated property is considered extremely hazardous property and is not reported to GSA for subsequent transfer or donation. You may dispose of such property by sale, in accordance with subpart B of this part and with the condition that the purchaser sufficiently decontaminates the property to the degree that it is no longer extremely hazardous. When selling acid or explosive contaminated property, the sales terms and sales documentation must both include the following certification, or an equivalent certification, which must be signed by the successful bidder. It is hereby certified that the undersigned purchaser will comply with all the applicable Federal, State, and local laws, ordinances and regulations with respect to the care, handling, storage, and shipment, resale, export, and other use of the materials, hereby purchased, and that he/she is a user of, or dealer in, said materials. This certification is made in accordance with and subject to the penalties of title 18, Section 1001, the United States Code, Crime and Criminal Procedures. ______________ Name of purchaser (print or type) ______________ Signature of purchaser § 102-40.135 How do we handle all-terrain vehicles (ATVs)? Three-wheeled and four-wheeled all terrain vehicles
(ATVs)can be exchanged with a dealer under the provisions of part 102-39 of this subchapter B. ATVs may be offered for sale as either salvage or scrap only after they have been mutilated in a manner to prevent operational use. § 102-40.140 How do we handle ammunition?
(a)Report usable ammunition to GSA for possible transfer to a Federal agency. You must not donate surplus ammunition, but you may donate surplus ammunition components. You may sell ammunition and ammunition components only to companies licensed to perform manufacturing/demanufacturing/remanufacturing processes under the provisions of 18 U.S.C. 923 or other Federal law or regulation. You must follow any demilitarization requirements. When selling ammunition components, the sales terms and sales documentation must both include the following certification, or an equivalent certification, which must be signed by the successful bidder: Item No. ______ contains ammunition components offered for sale in this invitation. The undersigned certifies that he/she will comply with all applicable local, State, and Federal laws and regulations concerning ammunition components. If the item being sold is scrap ammunition components, the undersigned certifies that these scrap ammunition components will not be used for the original manufactured purpose. ______________ Name of bidder (print or type) ______________ Signature of bidder
(b)Expended ammunition cartridge cases may be transferred or donated when the recipient certifies that the spent brass will be reloaded and used only for law enforcement purposes.
(c)The transportation of primers or propellant powder is governed by 49 CFR parts 171 through 180. § 102-40.145 How do we handle animals and plants? When possible, you should report live animals and plants to GSA for transfer, donation, or sale. They are, however, considered perishables and could be immediately disposed of by abandonment/destruction procedures in accordance with abandonment/destruction authority in 41 CFR part 102-36 of this subchapter B. Unfit horses and mules may be destroyed or put out to pasture in accordance with 40 U.S.C. 1308. Under 40 U.S.C. 555, you may donate canines formerly used in the performance of law enforcement duties to an individual experienced in handling canines in the performance of those duties. § 102-40.150 How do we handle asbestos?
(a)Items with asbestos content must be handled in accordance with the EPA regulations found at 40 CFR part 61 subpart M.
(b)Report to GSA excess personal property containing nonfriable asbestos, as defined in 40 CFR 61.141, for subsequent transfer, donation or sale in accordance with part 102-36 of this subchapter B. Nonfriable asbestos materials cannot
(1)when dry; be crumbled, pulverized, or reduced to powder by hand pressure, or
(2)contain asbestos which is bonded or otherwise rendered unavailable for release into the atmosphere through normal usage. All documentation on excess personal property containing nonfriable asbestos, such as reporting, transfer, and sales documents, must include a warning statement that the item may contain asbestos and must not be cut, crushed, sanded, disassembled, or otherwise altered. The property must also be labeled or marked with such warning statements.
(c)You must use a warning such as the following on the documentation reporting the excess or transferring an item containing asbestos: WARNING This property contains asbestos. Inhaling asbestos fibers may cause cancer. Do not release fibers by cutting, crushing, sanding, disassembling, or otherwise altering this property. End users and new owners, if transferred, should be warned. OSHA standards for personnel protection are codified at 29 CFR 1910.1001. EPA disposal standards are codified at 40 CFR part 61. State and local authorities may have additional restrictions on the disposal of items containing asbestos.
(d)Property containing asbestos should be labeled with a warning such as the following: WARNING This property contains asbestos. Inhaling asbestos fibers may cause cancer. Do not release fibers by cutting, crushing, sanding, disa- ssembling, or otherwise altering this property.
(e)Nonfriable asbestos that is not transferred, donated, or sold may be abandoned as provided in §§ 102-36.305 through 102-36.330 of this subchapter B. If destroyed by burial, items containing friable or nonfriable asbestos must be disposed of by burial at a site that meets the requirements of 40 CFR 61.154. § 102-40.155 How do we handle controlled substances?
(a)You are not required to report excess controlled substances to GSA, but you should make reasonable efforts to transfer them to Federal agencies in accordance with Drug Enforcement Administration
(DEA)regulations (21 CFR 1307.22). The recipient agency must certify that it is authorized to procure the particular controlled substance and provide the registration number on the Certificate of Registration, issued by DEA.
(b)You must not donate controlled substances.
(c)In accordance with sales procedures specified in part 102-38 of this subchapter B, and under the conditions specified in this subsection (c), you may sell controlled substances by sealed bid only to bidders who have registered with DEA to manufacture, distribute, or dispense the particular controlled substance. As a condition of sale the bidder must submit verification of DEA registration. Prior to finalizing the sale, you must obtain confirmation from DEA of the bidder's status as a registered manufacturer, distributor, or dispenser of controlled substances.
(1)The following statement, or an equivalent statement, must be included in the sales terms and conditions when selling controlled substances: The bidder shall complete, sign, and return with his/her bid the certificate as contained in this invitation. No award will be made or sale consummated until after this agency has obtained from the Drug Enforcement Administration, Department of Justice, verification that the bidder is registered to manufacture, distribute, or dispense those controlled substances which are the subject of the award.
(2)The following certification, or an equivalent certification, must be made a part of the Invitation for Bid to be completed and signed by the bidder and returned with the bid. Failure to sign the certification may result in the bid being rejected as nonresponsive: The undersigned bidder certifies that he/she is Registered with the Drug Enforcement Administration, Department of Justice, as a manufacturer, distributor, or dispenser of the controlled substances for which a bid is submitted and the registration number is: ________. ______________ Name of bidder (print or type) ______________ Signature of bidder ______________ Address of bidder (print or type) ______________ City, State, Zip code
(d)You must not abandon controlled substances. You must destroy controlled substances in such a manner as to ensure total destruction to preclude any further use, and ensure such destruction is in compliance with DEA regulations, 21 CFR 1307.21, or other procedures approved by DEA, and coordinate with local air and water pollution control authorities when required. Destruction must be witnessed and certified by two employees of your agency. The following certification, or an equivalent certification, must be used to document the destruction of controlled substances; We, the undersigned, have witnessed the destruction of the (controlled substance(s)) described herein and in the manner and on the date stated herein: _______ _______ Witness Date _______ _______ Witness Date § 102-40.160 How do we handle drugs, biologicals, and reagents other than controlled substances?
(a)Drugs, biologicals, and reagents other than controlled substances may be transferred to another Federal agency for official purposes under procedures specified in part 102-36 and this subchapter B. For donation of drugs, biologicals, or reagents other than controlled substances, follow the procedures in part 102-37 of this subchapter B.
(b)Drugs, biologicals, and reagents other than controlled substances must be clearly identified when they are unfit for human use. As a general rule, you must destroy drugs, biologicals, and reagents unfit for human use, with destruction witnessed and certified by two representatives of your agency, and coordinated with local air and water pollution control authorities, when required. However, you may report such property to GSA for subsequent transfer or donation for the purpose of animal experimental use when the property is unfit due to expired shelf life. The following certification, or an equivalent certification, must be used to document the destruction of drugs, biologicals, and reagents; We, the undersigned, have witnessed the destruction of the (drugs, biologicals, and reagents) described in the foregoing certification in the manner and on the date stated herein: _______ _______ Witness Date _______ _______ Witness Date
(c)The sale of any unexpired drugs, biologicals, or reagents must be in accordance with rules published by the Food and Drug Administration ( *www.fda.gov* ). You may sell drugs, biologicals, and reagents other than controlled substances only to those entities legally qualified to engage in the sale, manufacture, or distribution of such items and a certification or evidence of licensing must accompany the bids. An entity is legally qualified when a Federal agency ( *e.g.* , the Department of Health and Human Services, the Drug Enforcement Administration, or the Department of Agriculture) or State agency having legal or regulatory oversight over that commodity has approved the entity to engage in the designated activity.
(1)When selling drugs, biologicals, and reagents other than controlled substances, the following condition of sale (or an equivalent condition of sale) must be used: The bidder shall complete, sign, and return with his/her bid the certification as contained in this invitation. No award will be made or sale consummated until after this agency has determined that the bidder is legally licensed to engage in the manufacture, sale, or distribution of drugs.
(2)The following certification, or an equivalent certification, must be made a part of the invitation for bids (and contract), to be completed and signed by the bidder, and returned with the bid with a copy of his/her license. Failure to sign the certification may result in the bid being rejected as nonresponsive. The undersigned bidder certifies that he/she is legally licensed to engage in the manufacture, sale, or distribution of drugs, and proof of his/her license to deal in such materials is furnished with this bid. ______________ Name of bidder (print or type) ______________ Signature of bidder ______________ Address of bidder (print or type) ______________ City, State, Zip code
(d)Drugs, biologicals, and reagents that are controlled substances are subject to the same provisions as controlled substances in lieu of the provisions in this section. § 102-40.165 How do we handle electronic products?
(a)In accordance with the procedures in this section, excess electronic items for which radiation safety performance standards are prescribed by FDA under 21 CFR part 1010 must be reported to GSA for transfer to Federal agencies in accordance with part 102-36 of this subchapter B and may be donated or sold in accordance with parts 102-37 and 102-38 of this subchapter B, respectively. (See 21 CFR 1000.15 for items of electronic items that are required to follow radiation safety performance standards.) For items not meeting safety performance standards, excess reports must include a statement that the items are not in compliance with applicable radiation safety performance standards. Sales documents must also clearly warn purchasers that the items may not be in compliance with FDA radiation safety performance standards prescribed under 21 CFR part 1010 and that the purchaser assumes all risks associated with the use or resale of the items. The following type of warning may be placed on the sales documentation: WARNING Purchasers are warned that the item purchased herewith may not be in compliance with Food and Drug Administration radiation safety performance standards prescribed under 21 CFR part 1010, and use may constitute a potential for personal injury unless modified. The purchaser agrees that the United States shall not be liable for personal injuries to, disabilities of, or death of the purchaser, the purchaser's employees, or to any other persons arising from or incident to the purchase of this item, its use, or disposition. The purchaser shall hold the United States harmless from and shall indemnify the United States against any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase or resale of this item. The purchaser agrees to notify any subsequent purchaser of this property of the potential for personal injury in using this item without a radiation survey to determine the acceptability for use and/or modification to bring it into compliance with the radiation safety performance standard prescribed for the item under 21 CFR part 1010.
(b)In accordance with 21 CFR 1002.40 and 1002.41 (Dealer and Distributor Records), when you sell electronic products for which there are performance standards (listed in 21 CFR part 1010) you must obtain from the purchaser and forward to the appropriate manufacturer (unless authorized by 21 CFR 1002.4 to have the dealer or distributor hold and preserve) the following information:
(1)Name and address.
(2)Product name, to include brand name, model number, serial or other identification number.
(3)Date of sale, award, or lease.
(c)You must dispose of electronic equipment in accordance with all Federal and State laws, including the Solid Waste Disposal Act (42 U.S.C. 6901, *et seq.* ) and Executive Order 13101. You should also be aware of the prohibitions and liabilities contained in 42 U.S.C. 9607. § 102-40.170 How do we handle firearms?
(a)You must submit reports and transfer documents on excess firearms to GSA (7FP-8), Denver, CO 80225-0506. GSA will approve transfers of firearms only to those Federal agencies authorized to acquire firearms for official use, and may require additional written justification from the requesting agency.
(b)GSA may donate only surplus hand guns, rifles, shotguns, and individual light automatic weapons previously used by the Federal Government, with less than .50 caliber in Federal Supply Classification
(FSC)1005, and rifle and shoulder fired grenade launchers in FSC 1010, with a disposal condition code of 4 or better (see condition codes in § 102-36.240 of this subchapter B). Only eligible law enforcement entities whose primary function is the enforcement of applicable Federal, State, and/or local laws, and whose compensated law enforcement officers have powers to apprehend and arrest, may obtain these donated firearms for law enforcement purposes.
(c)For purposes of donation under subsection
(b)above, each Standard Form
(SF)123 must be accompanied by a conditional transfer document, signed by both the intended donee and the State Agency for Surplus Property (SASP), that includes the special terms, conditions, and restrictions prescribed by GSA, and any other required forms or information. Restrictions on donated firearms are perpetual and may not be amended by the SASP without prior written approval from GSA. You must release or ship donated firearms directly to the designated donee.
(d)When authorized by circumstances described in paragraphs (e), (f), (g), or
(i)of this section, the destruction of firearms must be performed by an activity authorized by your agency head or designee. The destruction must be witnessed by two additional agency employees authorized by the agency head or designee.
(e)When the approved donee no longer needs the donated firearms, the donee must notify the SASP. The SASP may, with GSA approval, reassign firearms to another donee within the State or to a donee in another state through the appropriate SASP. In such a case, transfer of the firearms must be between eligible donees only. No SASP is eligible to take custody of the firearm. Otherwise, the donee and a representative from the SASP, or designee, must witness destruction of the firearms and complete and sign a certificate of destruction, which will be maintained by the SASP.
(f)You must not abandon firearms. You must destroy unneeded firearms by crushing, cutting, breaking, or deforming each firearm in a manner to ensure that each firearm is rendered completely inoperative. Destruction of firearms must be performed as stated in paragraph (d).
(g)You must not dispose of firearms under an exchange/sale transaction or by sale. Surplus firearms may be sold only for scrap after total destruction as described in
(f)above to ensure that the firearms are rendered completely inoperative and to preclude their being made operative. Such sale shall be conducted under part 102-38 of this subchapter B.
(h)Firearms received as foreign gifts may be offered for transfer to Federal agencies or sold to the gift recipient in accordance with part 102-42 of this subchapter B.
(i)Firearms that are forfeited, voluntarily abandoned, or unclaimed as described in 40 U.S.C. 1306 and 40 USC 552, must be reported to GSA for disposal in accordance with § 102-41.195 of this subchapter B. The GSA will direct the disposition of these firearms under this section. § 102-40.175 How do we handle hazardous materials?
(a)You may use any of the following methods for the identification of hazardous materials:
(1)As part of the process under current acquisition standards, manufacturers must provide MSDSs to document potential hazards. MSDSs are also prescribed by OSHA under 29 CFR part 1910 and Executive Order 12196 paragraph 1-602(c), Occupational Safety and Health Programs for Federal Employees (February 26, 1980).
(2)An automated database maintained by GSA Federal Supply Service contains MSDS for all GSA-procured hazardous materials. To request an MSDS, you may send an e-mail to *MSDS@gsa.gov* , or call, Toll Free: 866-588-7659, DSN: 465-5097, or Commercial: 816-926-5097.
(3)A collection of MSDS information in DOD's Hazardous Materials Information System
(HMIS)provides transportation and disposal information.
(4)Appendix A to this part contains a list of the Federal Supply Classification
(FSC)classes of property that are composed predominantly of hazardous items.
(5)When information is not available under paragraphs (a)(1), (a)(2), (a)(3), or (a)(4) of this section, contact the manufacturer, the procuring agency, or your technical staff for assistance in obtaining the MSDS information.
(b)You must verify items with an expired shelf life or reclassify them as hazardous wastes when required by Federal, State, or local environmental laws or regulations.
(c)For transportation of hazardous materials, see 49 CFR parts 171 through 180.
(d)For disposal of hazardous materials, see §§ 102-40.50 through 102-40.120.
(e)Unless authorized by GSA, extremely hazardous property may not be sold unless it is rendered innocuous, mutilated, or otherwise made safe. You should, however, render such property innocuous in a manner so as to preserve the maximum utility or commercial value of the property when possible. § 102-40.180 How do we handle lead-containing paints and items bearing lead-containing paint?
(a)You may transfer, donate, or sell such items in compliance with requirements found in the Consumer Product Safety Commission regulations set forth in 16 CFR part 1303. You must not abandon banned items or their containers. You must destroy them. Any removal (stripping) of lead paint incident to disposal must be accomplished in conformance with Federal regulations and industry guidelines such as those promulgated by the EPA ( *http://www.epa.gov* ) or OSHA ( *http://www.osha.gov* ).
(b)If disposal of the items described in paragraph
(a)is allowable, the following must be placed on the items:
(1)The following warning: WARNING Contains Lead. Dried Film of This Paint May be Harmful If Eaten or Chewed.
(2)The following additional statement or its practical equivalent on their labels: Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. Do not apply on exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep Out of Reach of Children
(c)Donation documentation (including the Standard Form 123) must contain the following certification, or an equivalent certification: The property requested herein shall be used only as specified in 16 CFR 1303.3 and in no case shall be in contact with children. I, the undersigned, agree the United States shall not be liable for personal injuries to, disabilities of, or death of the donee's employees, or any other person arising from or incident to the donation of this property, its use, or its final disposition; and to hold the United States harmless from and shall indemnify the United States against any or all debts, liabilities, judgments, costs, demands, suits, actions or claims of any nature arising from or incident to the donation of this property, its use, or its final disposition. ______________ Name of donee (print or type) ______________ Signature of donee
(d)When selling lead-containing paint or items bearing lead-containing paint, the sales terms and sales documentation must include this certification, or an equivalent certification. Failure to sign the certification where it appears as a sales term may result in the bid being rejected as nonresponsive: I, the undersigned,certify that I have read and fully comprehend the aforementioned terms and conditions of this sale. I shall comply with the applicable Consumer Product Safety Commission regulations set forth in 16 CFR part 1303 if I am the successful bidder. I further agree the United States shall not be liable for personal injuries to, disabilities of, or death of any persons arising from or incident to the sale of this property, its uses, or its final disposition; and to hold the United States harmless from and shall indemnify the United States against any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the sale of this property, its use, or its final disposition. ______________ Name of bidder (print or type) ______________ Signature of bidder § 102-40.185 How do we handle medical devices?
(a)Medical devices are subject to the laws and regulations administered by FDA. Provisions of the governing statute, the Federal Food, Drug and Cosmetic Act, appear in 21 U.S.C. 301-399. In summary, the Act prohibits the movement in interstate commerce of medical devices that are adulterated or misbranded (21 U.S.C. 351-352). The Act authorizes FDA to initiate criminal enforcement proceedings against companies and/or individuals responsible for violations of its provisions, and to initiate civil proceedings to seize or enjoin the distribution of such items.
(b)Prescription devices are subject to additional Federal, State, local, and other applicable laws. Federal law requires that prescription devices be in the possession of either: persons lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of such device; or, practitioners licensed by their States. Federal law also requires that prescription devices be sold only to, or on the prescription or order of, a licensed practitioner for use in the course of his or her professional practice, and that the devices are labeled in a specific manner.
(c)Non-Federal recipients must certify in writing that such property will be used, resold or transported in conformance with FDA regulations. Any proposed destruction of medical equipment must be coordinated with local health and sanitation officials. § 102-40.190 How do we handle Munitions List Items (MLIs)?
(a)Munitions List Items
(MLIs)are listed in 22 CFR part 121. A system of demilitarization codes identifies the extent of alteration or destruction necessary when transferring or selling MLIs. The appropriate code is normally assigned to items when they enter the DOD supply system. These items may require demilitarization when issued to any non-DOD entity, and will require Department of State approval and appropriate licensing when exported from the U.S. Refer to DOD 4160.21-M-1 (Change No. 1) for a complete description of the program and the requirements to be followed. The manual is available from the Defense Logistics Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060; or electronically at *http://www.dla.mil/dlaps/dod/416021m/guide.asp* .
(b)When disposing of MLIs, you must perpetuate these demilitarization codes; alert those to whom you are transferring or selling property that the item may require demilitarization; and perform any required demilitarization, or provide any documentation or certifications in accordance with the DOD demilitarization manual, DOD 4160.21-M-1 (Change No. 1). § 102-40.195 How do we handle Commerce Control List Items (CCLIs)?
(a)Commerce Control List Items (CCLIs) are subject to the controls of 15 CFR parts 738 and 774. Export licenses are required for transfer of items to the countries listed in 15 CFR part 738, Supp. No. 1. CCLIs may also be identified by the demilitarization code assigned to the item in the DOD supply system.
(b)When disposing of CCLIs, you must notify the recipient that the item, may be subject to Department of Commerce export licensing requirements when transported out of the U.S., for reasons of national security, crime control, technology transfer and scarcity of materials. Furthermore:
(1)The recipient must be notified that this notification must pass to all subsequent recipients of the item.
(2)When being sold, completed end-use certificates are required of all offerors or bidders. An end-use certificate is a statement signed by a prospective recipient indicating the intended designation and disposition of CCLIs to be acquired, and acknowledging U.S. export licensing requirements.
(3)All disposal activity must conform to the requirements of 15 CFR parts 730 through 774. § 102-40.200 How do we handle national stockpile material? In accordance with 40 U.S.C. 113(e)(6), materials acquired for the national stockpile, the supplemental stockpile, or materials or equipment acquired under section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093), are not covered by the Federal Management Regulation. The policy covering the disposal of these assets is found at 50 U.S.C. 98d and 98e. § 102-40.205 How do we handle Nuclear Regulatory Commission-controlled materials? The Nuclear Regulatory Commission
(NRC)has exclusive control over licensing, use, transfer, and disposition of NRC-controlled materials (see Chapter 1 of 10 CFR). Direct all inquiries to the U.S. Nuclear Regulatory Commission, Washington, DC 20555. § 102-40.210 How do we handle ozone depleting substances? The Clean Air Act, as amended (42 U.S.C. Subchapter VI) requires certain substances which have destructive effects on the ozone layer not be vented to the environment and be phased out from production and use over an extended period of time. An overview of laws and regulations covering the use and disposal of ozone depleting substances can be found at the EPA website: *www.epa.gov/ozone* . § 102-40.215 How do we handle polychlorinated biphenyls (PCBs)?
(a)In accordance with EPA regulations (40 CFR 761.1 and 761.3),property defined by EPA as excluded polychlorinated biphenyl
(PCB)products may be transferred, donated, or sold in accordance with parts 102-36, 102-37, or 102-38 of this subchapter B. For additional guidance on PCB classifications and other Federal restrictions, contact: Director, National Program Chemicals Division (NPCD), (7404), Office of Pollution Prevention and Toxics, 1200 Pennsylvania Avenue, NW., Washington, DC or visit the EPA's website at: *http://www.epa.gov/epahome/lawregs.htm* . You should also contact State regulatory agencies since some States regulate at a stricter level than the Federal Government.
(b)Property defined by the EPA in 40 CFR 761.3 as either a PCB item or PCB must be labeled or marked with a warning statement that the item contains PCB and must be handled and disposed of in accordance with EPA regulations (40 CFR part 761), Department of Transportation
(DOT)regulations (49 CFR parts 171 through 180), and applicable State laws.
(1)PCB items and PCBs may be transferred or donated, provided:
(i)The items are intact, non-leaking, and totally enclosed.
(ii)The recipient provides to you the specific authorization covering the use of this item from 40 CFR part 761
(iii)The recipient certifies to you that the item will be handled and disposed of in accordance with EPA regulation 40 CFR part 761, DOT regulation 49 CFR parts 171 through 180, and applicable Federal and State laws.
(2)PCB and PCB items not transferred or donated must be disposed of under EPA regulations. You must not sell any PCB or PCB item unless 40 CFR part 761 authorizes the sale and continued use of the specific item.
(c)You must not transfer, donate, or sell items with an unknown level of concentrations of PCBs.
(d)Property containing PCBs and PCB items should be labeled with a warning such as the following: Caution— This item contains PCBs (poly- chlorinated biphenyls), a toxic environmental contaminant requiring special handling and disposal in accordance with the U.S. Environmental Protection Agency regulation (40 CFR part 761), applicable State laws, and 41 CFR 102-40.215. For proper disposal information, contact the nearest EPA office. For transportation requirements, see 49 CFR parts 171 through 180.
(e)The State Agencies for Surplus Property must have the following certification, or an equivalent certification, on all transfer paperwork where PCBs are involved. WARNING AND CERTIFICATION The undersigned donee is aware that the item(s) listed as containing polycholorinated biphenyls (PCBs), a toxic environmental contaminant, require(s) special handling and disposal in accordance with U.S. Environmental Protection Agency regulation (40 CFR part 761) and U.S. Department of Transportation regulations codified in 49 CFR parts 171 through 180. The donee certifies that this item (or these items) will be handled and disposed of in accordance with applicable Federal statutes and regulations and applicable State laws. ______________ Name of donee (print or type) ______________ Signature of donee § 102-40.220 How do we handle precious metals?
(a)You must identify activities in your organization that generate precious metals; recover precious metals created from work processes, such as photographic film developing, and identify equipment or materials containing recoverable precious metals; and adequately control precious metals in your custody. You may contact the Defense Logistics Service Center if you wish to participate in the DOD precious metals recovery program. You may acquire recovered fine precious metals as Government Furnished Material or for other authorized uses by submitting a request to the Commander, Defense Industrial Supply Center (DISC), Attention: DISC-OIBA/YC, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5096.
(b)Gold will be sold in accordance with this subpart and part 102-38 of the Federal Management Regulation.
(c)Sales of gold will be processed as follows:
(1)Use the sealed bid method of sale;
(2)Require a 20 percent bid deposit;
(3)Certify all forms of bid deposit and payments; and
(4)Include in the invitation for bids only gold and such other precious and semiprecious materials as may be available for sale at that time. § 102-40.225 How do we handle vehicles not suitable for highway use? Some Government-owned vehicles might receive such extensive damage as a result of an accident, event, or other activity that makes them no longer suitable for donation or sale for highway use. Such vehicles may only be donated or sold for salvage or scrap. Prior to disposal of damaged vehicles, you must evaluate known damage to determine their suitability for continued highway use. When a determination is made that a vehicle is unfit for continued highway use, you must include such information in the property record and subsequent reports. When selling such vehicles, provide an appropriate warning statement in the solicitation regarding vehicle condition that the vehicle cannot be titled for highway use. Use Standard Form 97A, Certificate to Obtain a Non-Repairable or Salvage Certificate when donating or selling vehicles not suitable for highway use. See FMR 102-34.315 if the vehicle is not designed or not legal for operation on highways. Appendix A—Federal Supply Classification
(FSC)Composed Predominantly of Hazardous Items FSC Nomenclature 6810 Chemicals 6820 Dyes 6830 Gases: Compressed & liquefied 6840 Pest control agents & disinfectants 6850 Misc. chemical specialties 7930 Cleaning & polishing compounds & preparations 8010 Paints, dopes, varnishes, & related products 8030 Preservative & sealing compounds 8040 Adhesives 9110 Fuels, solid 9130 Liquid propellants & fuels, petroleum case 9135 Liquid propellant fuels & oxidizers, chemical base 9140 Fuel oils 9150 Oils & greases: cutting, lubricating, & hydraulic 9160 Misc. waxes, oils, & fats Appendix B—Federal Supply Classes and Groups Which Contain a Significant Number of Hazardous Items **Note** : If an item is determined to be hazardous material as defined in § 102-40.30, a Material Safety Data Sheet (or equivalent) should accompany the item even though the Federal Supply Class or Group is not listed in this table. Federal Supply Class/Group Title Examples of Hazardous materials requiring identification 1370 Pyrotechnics Warning fuse, fire starter 1375 Demolition materials Explosive device 2520 Vehicular power transmission components Items containing asbestos transmission components 2530 Vehicular brake, steering, axle, wheel, and track components Items containing asbestos 2540 Vehicular furniture and accessories Items containing asbestos 2640 Tire rebuilding and tire and tube repair materials Items containing flammable or toxic compounds Group 28 Engines, turbines, and components Engine valves containing metallic sodium Group 29 Engine accessories Engine valves containing metallic sodium Group 30 Mechanical power transmission equipment Equipment containing hazardous hydraulic fluid including PCBs Group 34 Metalworking machinery Equipment containing hazardous hydraulic fluids including PCBs 3433 Gas welding, heat cutting, and metalizing equipment Compressed gases 3439 Miscellaneous welding, soldering and brazing supplies and accessories Hazardous items such as cleaners, acids, flux and supplies that contain or produce hazardous fumes 3610 Printing, duplication, and bookbinding equipment Flammable or toxic lithographic solutions 3655 Gas generating and dispensing systems, fixed or mobile Items that produce hazardous fumes 3680 Foundry machinery, related equipment and supplies Flammable or toxic casting compounds 4240 Safety and rescue equipment Items which involve oxygen, or compressed gases, or contain emitting charges 5610 Mineral construction materials, bulk Hazardous items such as cutback asphalt, deck and floor covering, deck and surface underlay compound, sealing compound, flight deck compound 5660 Wallboard, building paper, and thermal insulation materials Asbestos cloth which has loose fibers or particles that may become airborne and materials containing formaldehyde 5820 Radio and television communication equipment, except airborne Circuit cooler items that contain gases that are regarded as hazardous to the earth's ozone layer 5835 Sound recording and reproducing equipment Recording tape cleaners that contain hazardous cleaning fluids 5910 Capacitors Items that contain polychlorinated biphenyls
(PCBS)or sulfuric acid 5915 Filters and networks Items that contain polychlorinated biphenyls
(PCBs)5920 Fuses and lighting arresters Items containing radioactive material 5925 Circuit breakers Items containing radioactive material 5930 Switches Items containing radioactive material 5935 Connectors, electrical Kits that contain flammable chemicals 5950 Coils and transformers Items containing polychlorinated biphenyls
(PCBs)5960 Electron tubes and associated hardware Tubes which contain radioactive isotopes and require warning labels and magnetron tubes which require special precautions when being prepared for air shipment 5965 Headsets, handsets, microphones, and speakers Items containing magnetic material 5970 Electrical insulators and insulating materials Items containing flammable solvents 5975 Electrical hardware and supplies Items containing asbestos 5985 Antennas, waveguides, and related equipment Kits that contain flammable chemicals 5999 Miscellaneous electrical and oxide electronic components Contact plates that contain beryllium Group 61 Electric wire and power and distribution equipment Power factor capacitors containing PCBs 6120 Transformers: Distribution and power station Transformers containing PCBs 6135 Batteries, primary Lead-acid, lithium and mercury batteries and alkaline (with electrolyte) 6140 Batteries, secondary Items that are wet or moist containing corrosive or other hazardous compounds 6145 Wire and cable, electrical Insulated wire containing asbestos 6220 Electric vehicular lights and fixtures Items that contain mercury 6230 Electric portable and hand lighting equipment Items that contain wet batteries 6240 Electric lamps Items that contain mercury 6260 Nonelectrical lighting fixtures Items that contain mercury 6350 Miscellaneous signal and security detection systems Items that contain wet batteries or radioactive material 6505 Drugs, biologicals and official reagents Hazardous items as defined in Sec. 102-40.30 6508 Medicated cosmetics and toiletries Hazardous items as defined in Sec. 102-40.30, subject to DOT Hazardous Materials Regulations 6510 Surgical dressing materials Items containing flammable solvents 6520 Dental instruments, equipment, and supplies Items containing flammable solvents, mercury, or asbestos 6525 X-ray equipment and supplies: medical, dental, veterinary Items containing hazardous chemicals, solvents 6625 Electrical and electronic properties measuring and testing instruments Items containing radioactive materials 6640 Laboratory equipment and supplies Items containing flammable compounds, mercury, or asbestos 6685 Pressure, temperature, and humidity and measuring and controlling instruments Items containing mercury or compressed gases 6740 Photographic Items containing radioactive compounds 6750 Photographic supplies Items containing hazardous chemicals, solvents, thinners, and cements 6780 Photographic sets, kits and outfits Items containing hazardous chemicals, solvents, thinners, and cements 7360 Sets, kits, and outfits; food preparation and serving Items containing compressed gasses such as fire extinguishers 7510 Office supplies Hazardous items, such as thinners, cleaning fluids, flammable inks, and varnishes 8405 Outerwear, men's Maintenance kits containing flammable solvents 8410 Outerwear, women's Maintenance kits containing flammable solvents 8415 Clothing, special purpose Maintenance kits containing flammable solvents 8465 Individual equipment Maintenance kits containing flammable solvents 8510 Perfumes, toilet preparations, and powders Shipping containers, and pressurized containers with flammable or nonflammable propellants 8520 Toilet soap, shaving preparations, and dentifrices Shipping containers, and pressurized containers with flammable or nonflammable propellants 8720 Fertilizers Items containing weed and pest control or other harmful ingredients or because of their composition, are hazardous 9390 Miscellaneous fabricated nonmetallic materials Items containing flammable solvents or asbestos 9920 Smokers' articles and matches Lighter fuel and matches only 9930 Memorials; cemeteries and mortuary equipment and supplies Items containing formaldehyde or its solutions [FR Doc. E7-8670 Filed 5-4-07; 8:45 am] BILLING CODE 6820-14-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [I.D. 042307E] Mid-Atlantic Fishery Management Council; Public Hearings; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public hearings; correction. SUMMARY: The Mid-Atlantic Fishery Management Council will hold hearings to allow for public input on Amendment 9 to the Fishery Management Plan for the Atlantic Mackerel, Squid, and Butterfish Fishery (FMP). DATES: Written comments will be accepted until May 27, 2007. All meetings begin at 7 p.m. ADDRESSES: Comments may be submitted through any of the following methods: • Mail: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal Building, 300 South New Street, Dover, Delaware 19904. • FAX: 302-674-5399. • E-mail: *info@mafmc.org* . Please indicate the subject as SMB 9 Comments. • Federal e-Rulemaking Portal: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal Building, 300 South New Street, Dover, Delaware 19904, 302-674-2331, ext. 19. SUPPLEMENTARY INFORMATION: Need for Correction On April 30, 2007, a document announcing public hearings on Amendment 9 to the Fishery Management Plan for Atlantic Mackerel, Squid, and Butterfish Fishery
(FMP)was published (FR Doc. E7-8197). That document incorrectly listed the meeting times for the hearings. This document corrects the meeting times see DATES section. All other information remains unchanged and will not be repeated in this correction. Dated: May 1, 2007. Tracey Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-8575 Filed 5-4-07; 8:45 am] BILLING CODE 3510-22-S 72 87 Monday, May 7, 2007 Notices ADVISORY COUNCIL ON HISTORIC PRESERVATION Notice of Meeting AGENCY: Advisory Council on Historic Preservation. ACTION: Notice of meeting. SUMMARY: Notice is hereby given that the Advisory Council on Historic Preservation
(ACHP)will meet on Thursday, May 10, 2007. The meeting will be held in Room MO9 of the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC at 1:30 p.m. The ACHP was established by the National Historic Preservation Act of 1966 (16 U.S.C. 470 *et seq.* ) to advise the President and Congress on national historic preservation policy and to comment upon Federal, federally assisted, and federally licensed undertakings have an effect upon properties listed in or eligible for inclusion in the National Register of Historic Places. The ACHP's members are the Architect of the Capitol; the Secretaries of the Interior, Agriculture, Defense, and Transportation; the Administrators of the Environmental Protection Agency and General Services Administration; the Chairman of the National Trust for Historic Preservation; the President of the National Conference of State Historic Preservation Officers; a Governor; a Mayor; a Native American; and eight non-Federal members appointed by the President. The agenda for the meeting includes the following: Call to Order—1:30 p.m. I. Chairman's Welcome II. Adoption of ACHP Recommendations from the Preserve America Summit III. Native American Activities A. Report of the Native American Advisory Group B. Native American Program Report IV. Archaeology Task Force A. Presentation of Archaeology B. Report on Heritage Tourism Initiatives V. Report of the Preservation Initiatives Committee A. Update on Preserve America Communities and Grants B. Preserve America Action Plan C. Preserve America and the National Park Service Centennial Challenge VI. Report of the Federal Agency Programs Committee A. Guidance for Standard Treatments B. Tribal Notification Process for Regional and National Section 106 Initiatives VII. Report of the Communications, Education, and Outreach Committee A. 2008 Preserve America Presidential Award Modification VIII. Chairman's Report A. ACHP Alumni Foundation B. ACHP FY 2008 Budget IX. Executive Director's Report X. New Business XI. Adjourn Note: The meetings of the ACHP are open to the public. If you need special accommodations due to a disability, please contact the Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Room 803, Washington, DC 202-606-8503, at least seven
(7)days prior to the meeting. FOR FURTHER INFORMATION CONTACT: Additional information concerning the meeting is available from the Executive Director, Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., #803, Washington, DC 20004. Dated: May 1, 2007. John Fowler, Executive Director. [FR Doc. 07-2221 Filed 5-4-07; 8:45 am]
Connectionstraces to 48
Traces to 48 documents
U.S. Code
37 references not yet in our index
  • 14 CFR 71
  • 32 CFR 216
  • Pub. L. 108-375
  • Pub. L. 106-79
  • 113 Stat. 1260
  • Pub. L. 96-354
  • Pub. L. 104-4
  • Pub. L. 96-511
  • 33 CFR 165
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 107-295
  • 41 CFR 101
  • 41 CFR 102
  • 15 CFR 774
  • 15 CFR 730
  • 21 CFR 1308
  • 29 CFR 1910
  • 40 CFR 261
  • 21 USC 301-399
  • 10 CFR 30
  • 10 CFR 40
  • 10 CFR 70
  • 40 CFR 61
  • 21 CFR 1307.21
  • 21 CFR 1010
  • 16 CFR 1303
  • 21 USC 351-352
  • 22 CFR 121
  • 15 CFR 738
  • 40 CFR 761.1
  • 40 CFR 761.3
  • 40 CFR 761
  • 50 CFR 648
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Rules and Regulations
Notice of proposed rulemaking (NPRM)
Fed. Reg.Notices
U.S.C.§ 106
C.F.R.§ 71.1
U.S.C.§ 983
U.S.C.§ 1232g
U.S.C.§ 601
Fed. Reg.Proposed Rules
C.F.R.§ 165.7
C.F.R.§ 165.918
Cite14 CFR 71
Cite32 CFR 216
Pub. L.Pub. L. 108-375
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