issue-1996-08-05•Federal Register final rules — 1996-08-05
Federal Register final rules — 1996-08-05
issue-1996-08-05Federal Register final rules — 1996-08-05Regulation
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FR Doc. 96-19855 Olives Grown in California and Imported Olives; Establishment of Limited-Use Style Olive Grade and Size Requirements
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40507-40510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19855]
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 932 and 944
[Docket No. FV96-932-3IFR]
Olives Grown in California and Imported Olives; Establishment of
Limited-Use Style Olive Grade and Size Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule authorizes the use of smaller olives
in the production of limited-use styles for California olives. This
rule is intended to help the California olive industry meet the
increasing market needs for limited-use style olives by allowing more
olives into market channels. It is expected that such increased use of
olives will increase returns to growers.
[[Page 40508]]
As required under section 8e of the Agricultural Marketing Agreement
Act of 1937, this rule also changes the import regulation so that it
conforms with the requirements established under the California olive
marketing order.
DATES: Effective August 8, 1996; comments received by September 4, 1996
will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525-S, P.O. Box
96456, Washington, DC 20090-6456, or by facsimile at 202-720-5698. All
comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, California Marketing
Field Office, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey
Street, Suite 102-B, Fresno, CA 93721, telephone (209) 487-5901; or
Caroline C. Thorpe, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington,
D.C. 20090-6456; telephone (202) 720-5127. Small businesses may request
information on compliance with this regulation by contacting: Jay
Guerber, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, D.C.
20090-6456; telephone: (202) 720-2491, Fax: (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 148 and Order No. 932 (7 CFR Part 932), as amended,
regulating the handling of olives grown in California, hereinafter
referred to as the order. The order is effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the Act.
This rule is also issued under section 8e of the Act, which
requires the Secretary of Agriculture to issue grade, size, quality, or
maturity requirements for certain listed commodities, including olives,
imported into the United States that are the same as, or comparable to,
those imposed upon the domestic commodities regulated under the Federal
marketing orders.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and requesting a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after date of the entry of the ruling.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), the AMS has considered the economic impact of
this action on small entities. The purpose of the RFA is to fit
regulatory actions to the scale of business subject to such actions in
order that small businesses will not be unduly or disproportionately
burdened. Marketing orders issued pursuant to the Act, and rules issued
thereunder, are unique in that they are brought about through group
action of essentially small entities acting on their own behalf. Thus,
both statutes have small entity orientation and compatibility. Import
regulations issued under the Act are based on those established under
Federal marketing orders.
There are 5 handlers of California olives who are subject to
regulation under the order during the current season, and there are
about 1,200 olive producers in California. There are approximately 25
importers of olives subject to the olive import regulation. Small
agricultural producers have been defined by the Small Business
Administration (913 CFR Sec. 121.601) as those whose annual receipts
are less than $500,000; and small agricultural service firms, which
includes handlers and importers, have been defined by the Small
Business Administration as those having annual receipts of less than
$5,000,000. None of the domestic olive handlers may be classified as
small entities. The majority of olive producers and importers may be
classified as small entities.
This rule provides that smaller olives may be used in the
production of limited-use styles (sliced, wedged, halved, or chopped)
and will assist the California olive industry as well as importers meet
increasing market needs for such olives. Annual domestic shipment data
for olives indicates that for the last 5 seasons (1991 to 1995),
limited use style shipments ranged from 35 percent to 41 percent of
total annual domestic shipments. Absent this rule, many smaller
California olives would have to be disposed of in less profitable, non-
canning uses, and the smaller olives from other countries could not be
imported into the United States. Both the California olive industry and
olive importers should, thus, benefit from the issuance of this rule.
Based on these considerations, the AMS has determined that this
action will not have a significant economic impact on a substantial
number of small entities. Interested persons are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
Nearly all of the olives grown in the United States are produced in
California. California olives are used for canned black ripe whole and
whole pitted olives which are eaten out of hand as hors d'oeuvres or
sliced, wedged, halved, or chopped styles used as an ingredient in
cooking and in salads. The canned ripe olive market is essentially a
domestic market. A few shipments of California olives are exported.
Olive production has fluctuated from a low of 24,200 tons during
the 1972-73 crop year to a high of 163,023 tons during the 1992-93 crop
year. The California Olive Committee (committee), responsible for local
administration of the order, indicated that total production for the
1995-96 crop year was 73,648 tons. While there is no estimate yet
available for the 1996-97 crop, it is expected to be larger than the
1995-96 crop. Olive trees are subject to alternate bearing
characteristics. This may result in high production one year and low
the next, which can cause the total crop to vary greatly from year to
year.
Paragraph (a)(3) of Sec. 932.52 of the order provides that
processed olives smaller than the sizes prescribed for whole and whole
pitted styles may be used for limited-use styles, if
[[Page 40509]]
recommended by the committee and approved by the Secretary. The minimum
sizes which can be authorized for limited uses were established in a
1971 amendment to the marketing order. The use of smaller olives for
limited-use styles has been authorized in all but two crop years since
the order was amended in 1971.
Under the marketing order, olives smaller than the prescribed
minimum sizes which are authorized for limited uses must be disposed of
in less-profitable, non-canning uses such as in frozen or acidified
forms, or crushed for oil. Returns to producers are lower on fruit used
for such purposes.
On June 13, 1996, the committee recommended, by a unanimous vote,
establishment of quality and size regulations for limited-use size
olives on a continuing basis pursuant to paragraph (a)(3) of
Sec. 932.52 of the order. This rule authorizes the use of additional
olives for limited-use styles by relaxing the minimum sizes and making
more olives available to handlers for limited-use styles.
The minimum sizes authorized for limited-use styles by this rule
are smaller than those in effect last year, but are the same as those
in effect for the 1991-92, 1992-93, and 1993-94 crop years.
The minimum sizes were reduced for the 1991-92 season after handler
tests during the 1990-91 crop year confirmed the feasibility of using
such fruit in limited-use styles. However, the minimum sizes for
limited-use styles were increased slightly for the 1994-95 season to
their previous levels. At that time, the handlers reported that the use
of certain smaller olives in limited-use styles resulted in greater
percentages of broken slices, wedges, and halves. The inconsistencies
of the product, especially sliced olives, were not favored by the
handlers' customers, and the committee recommended that use of these
smaller olives for limited-use styles be discontinued. At its recent
meeting, the committee recommended that limited-use sizes include the
sizes authorized prior to the 1994-95 season.
There have been substantial changes to olive pitting and slicing
equipment since the 1993-94 season. New machinery yields a greater
percentage of unbroken slices, wedges, and halves by making such
slices, wedges, and halves thicker and less likely to break. The new
equipment also eliminates the problem of double-feeding, in which the
pitter's feed wheel sends not one, but two, olives into the same
pitting chamber, leaving one of the two olives unpitted. Because of
these advances in the pitting and slicing equipment, the committee
believes that undersized olives may again be utilized in limited-use
styles effectively and to the satisfaction of the handlers' customers.
This rule will help growers and handlers meet the increasing market
demand for limited-use style olives based upon current conditions. This
demand can be illustrated in the increasing shipments of sliced olives
in the previous three years. Shipments of sliced olives increased by
17.11 percent from the 1991-92 season to the 1992-93 season and by an
additional 14.5 percent from the 1992-93 season to the 1993-94 season.
According to handlers, such shipments continue to increase. The
limited-use size requirements allow the use of sizes which would
otherwise have to be disposed of for less-profitable, non-canning uses.
Permitting the use of such smaller olives for limited-use styles would,
therefore, improve grower returns and help handlers meet the increasing
demand for limited-use style olives.
The authority for limited-use size olives has been subject to an
annual reconsideration by the committee since first authorized in 1971.
The committee now believes that making the authority for limited-use
sizes continuous rather than annual will provide handlers an
opportunity to plan for and develop new markets, thereby increasing the
market share of domestically-produced olives. Such increased production
of limited-use styles is expected to increase returns to growers.
Based on past production and marketing experience, the committee
believes that handlers will need smaller olives to meet market demand
for limited-use styles of canned olives. The committee also believes
that handlers will need the smaller olives on a continuing basis to
meet market demand for limited-use styles of canned olives.
To effectuate this change, Sec. 932.153 of the order's rules and
regulations is being revised. The committee recommended that these new
minimum sizes become effective August 1, 1996, the beginning of the new
crop year.
Limited-use size olives are too small to meet the minimum size
requirements established for whole and whole pitted canned ripe olives.
However, they are large enough to be suitable for processing into
limited-use styles. Absent this action, olives which are smaller than
those authorized for whole and whole pitted canning uses would have to
be disposed of by handlers into non-canning uses such as in frozen or
acidified forms, and crushed for oil.
The specified sizes for the different olive variety groups are the
minimum sizes which are deemed desirable for use in the production of
limited-use styles at this time. As in past years, permitting the use
of smaller olives in the production of limited-use styles will allow
handlers to take advantage of the strong market for sliced, wedged,
halved, and chopped olives. By permitting the use of such olives,
handlers will be able to market more olives than would be permitted in
the absence of this relaxation in size requirements, thus increasing
returns to growers.
Although these limited-use sizes are effective for an indefinite
period, the committee will continue to meet prior to or during each
crop year to consider recommendations for modification of these
limited-use sizes. The dates and times of committee meetings are
available from the committee or the Department. Committee meetings are
open to the public and interested persons may express their views at
these meetings. The Department will evaluate the Committee's
recommendations and other available information to determine whether
modification of the limited-use sizes is needed. Further rulemaking
will be undertaken as necessary.
Section 8(e) of the Act requires that whenever grade, size,
quality, or maturity requirements are in effect for olives under a
domestic marketing order, imported olives must meet the same or
comparable requirements. This rule allows smaller olives to be used in
the production of limited-use styles under the marketing order.
Therefore, a corresponding change is needed in the olive import
regulation.
Canned ripe olives, and bulk olives for processing into canned ripe
olives, imported into the United States must meet certain minimum
quality and size requirements specified in Olive Regulation 1 (7 CFR
Sec. 944.401). All canned ripe olives are required to be inspected and
certified prior to importation (release from custody of the United
States Customs Service), and all bulk olives for processing into canned
ripe olives must be inspected and certified prior to canning. ``Canned
ripe olives'' means olives in hermetically sealed containers and heat
sterilized under pressure, of two distinct types, ``ripe'' and ``green-
ripe'', as defined in the U.S. Standards for Grades of Canned Ripe
Olives. The term does not include Spanish-style green olives.
Any lot of olives failing to meet the import requirements may be
exported, disposed of, or shipped for exempt uses. Exportation or
disposal of such olives would be accomplished under the supervision of
the Processed Products Branch of the Fruit and Vegetable Division, with
the costs of certifying the
[[Page 40510]]
disposal of the olives borne by the importer. Exempt olives are those
imported for processing into oil or donation to charity. Any person may
also import up to 100 pounds (drained weight) of canned ripe olives or
bulk olives exempt from these quality and size requirements.
This interim final rule modifies paragraph (b)(12) of the olive
import regulation to authorize the importation of bulk olives which do
not meet the minimum size requirements established for olives for whole
and whole pitted uses to be used in the production of limited-use
styles. Such authority would be on a continuing basis, rather than on
an annual basis, as has been done in previous years.
This interim final rule also modifies paragraphs (b)(12)(i) through
(b)(12)(v) by relaxing the minimum sizes of olive permitted to be
imported for limited use.
Permitting the use of smaller olives in the production of limited-
use styles will allow importers to better take advantage of the strong
market for sliced, wedged, halved, and chopped style olives. Importers
will be able to import and market more olives than would be permitted
in the absence of this relaxation in size requirements.
The two largest exporters of ripe and bulk olives to the United
States are Spain and Mexico, respectively. Imports comprise
approximately 50 percent of total annual U.S. consumption.
In accordance with section 8e of the Act, the U.S. Trade
Representative has concurred with the issuance of this interim final
rule.
After consideration of all relevant material presented, including
the committee's recommendation, and other available information, it is
found that this interim final rule, as hereinafter set forth, will tend
to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) The 1996-97 crop year begins on August 1, 1996, and this
rule needs to become effective as soon as possible to cover as much of
the crop as possible; (2) this rule relaxes minimum size requirements;
(3) California olive handlers are aware of this rule as it was
discussed and recommended at a public meeting; and (4) this rule
provides a 30-day comment period and any comments received will be
considered prior to finalization of this rule.
List of Subjects
7 CFR Part 932
Marketing agreements, Olives, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
For the reasons set forth in the preamble 7 CFR parts 932 and 944
are amended as follows:
1. The authority citation for 7 CFR parts 932 and 944 continues to
read as follows:
Authority: 7 U.S.C. 601-674.
PART 932--OLIVES GROWN IN CALIFORNIA
2. Section 932.153 is revised to read as follows:
Sec. 932.153 Establishment of grade and size requirements for
processed olives for limited uses.
(a) Grade. On and after August 1, 1996, any handler may use
processed olives of the respective variety group in the production of
limited-use styles of canned ripe olives if such olives were processed
after July 31, 1996, and meet the grade requirements specified in
paragraph (a)(1) of Sec. 932.52 as modified by Sec. 932.149.
(b) Sizes. On and after August 1, 1996, any handler may use
processed olives in the production of limited-use styles of canned ripe
olives if such olives were harvested after August 1, 1996, and meet the
following requirements:
(1) The processed olives shall be identified and kept separate and
apart from any olives harvested before August 1, 1996.
(2) Variety Group 1 olives, except the Ascolano, Barouni, or St.
Agostino varieties, shall be of a size which individually weigh at
least \1/105\ pound: Provided, That no more than 35 percent of the
olives in any lot or sublot may be smaller than \1/105\ pound.
(3) Variety Group 1 olives of the Ascolano, Barouni, or St.
Agostino varieties shall be of a size which individually weigh at least
\1/180\ pound: Provided, That no more than 35 percent of the olives in
any lot or sublot may be smaller than \1/180\ pound.
(4) Variety Group 2 olives, except the Obliza variety, shall be of
a size which individually weigh at least \1/205\ pound: Provided, That
not to exceed 35 percent of the olives in any lot or sublot may be
smaller than \1/205\ pound.
(5) Variety Group 2 olives of the Obliza variety shall be of a size
which individually weigh at least \1/180\ pound: Provided, That not to
exceed 35 percent of the olives in any lot or sublot may be smaller
than \1/180\ pound.
PART 944--FRUITS; IMPORT REGULATIONS
3. Section 944.401 is amended by revising paragraph (b)(12) to read
as follows:
Sec. 944.401 Olive Regulation 1.
* * * * *
(b) * * *
(12) Imported bulk olives when used in the production of canned
ripe olives must be inspected and certified as prescribed in this
section. Imported bulk olives which do not meet the applicable minimum
size requirements specified in paragraphs (b)(2) through (b)(11) of
this section may be imported after August 1, 1996, for limited-use, but
any such olives so used shall not be smaller than the following
applicable minimum size:
(i) Whole ripe olives of Variety Group 1, except Ascolano, Barouni,
or St. Agostino varieties, of a size that not more than 35 percent of
the olives, by count, may be smaller than \1/105\ pound (4.3 grams)
each.
(ii) Whole ripe olives of Variety Group 1 of the Ascolano, Barouni,
or St. Agostino varieties, of a size that not more than 35 percent of
the olives, by count, may be smaller than \1/180\ pound (2.5 grams)
each.
(iii) Whole ripe olives of Variety Group 2, except the Obliza
variety, of a size that not more than 35 percent of the olives, by
count, may be smaller than \1/205\ pound (2.2 grams) each.
(iv) Whole ripe olives of Variety Group 2 of the Obliza variety of
a size that not more than 35 percent of the olives, by count, may be
smaller than \1/180\ pound (2.5 grams) each.
(v) Whole ripe olives not identifiable as to variety or variety
group of a size that not more than 35 percent of olives, by count, may
be smaller than \1/205\ pound (2.2 grams) each.
* * * * *
Dated: July 31, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19855 Filed 8-2-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-19853 Kiwifruit Grown in California; Assessment Rate
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40506-40507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19853]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Docket No. FV96-920-1 IFR]
Kiwifruit Grown in California; Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule establishes an assessment rate for the
Kiwifruit Administrative Committee (Committee) under Marketing Order
No. 920 for the 1996-97 and subsequent fiscal periods. The Committee is
responsible for local administration of the marketing order which
regulates the handling of kiwifruit grown in California. Authorization
to assess kiwifruit handlers enables the Committee to incur expenses
that are reasonable and necessary to administer the program.
DATES: Effective on August 1, 1996. Comments received by September 4,
1996, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room
2523-S, Washington, DC 20090-6456, FAX (202) 720-5698. Comments should
reference the docket number and the date and page number of this issue
of the Federal Register and will be available for public inspection in
the Office of the Docket Clerk during regular business hours.
FOR FURTHER INFORMATION CONTACT: Mary Kate Nelson, Marketing Assistant,
California Marketing Field Office, Fruit and Vegetable Division, AMS,
USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721, (209)
487-5901, FAX (209) 487-5906, or Charles L. Rush, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456,
telephone (202) 720-5127, FAX (202) 720-5698. Small businesses may
request information on compliance with this regulation by contacting:
Jay Guerber, Marketing Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, DC 20090-
6456; telephone: (202) 720-2491, Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 920, as amended (7 CFR part 920), regulating the handling of
kiwifruit grown in California, hereinafter referred to as the
``order.'' The marketing order is effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.''
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, California
kiwifruit handlers are subject to assessments. Funds to administer the
order are derived from such assessments. It is intended that the
assessment rate as issued herein will be applicable to all assessable
kiwifruit beginning August 1, 1996, and continuing until amended,
suspended, or terminated. This rule will not preempt any State or local
laws, regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. Such handler is afforded the opportunity for a hearing on
the petition. After the hearing the Secretary would rule on the
petition. The Act provides that the district court of the United States
in any district in which the handler is an inhabitant, or has his or
her principal place of business, has jurisdiction to review the
Secretary's ruling on the petition, provided an action is filed not
later than 20 days after the date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
[[Page 40507]]
Marketing orders issued pursuant to the Act, and the rules issued
thereunder, are unique in that they are brought about through group
action of essentially small entities acting on their own behalf. Thus,
both statutes have small entity orientation and compatibility.
There are approximately 500 producers of kiwifruit in the
production area and approximately 65 handlers subject to regulation
under the marketing order. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $500,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000. The majority of kiwifruit producers and handlers may be
classified as small entities. Interested persons are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
The kiwifruit marketing order provides authority for the Committee,
with the approval of the Department, to formulate an annual budget of
expenses and collect assessments from handlers to administer the
program. The members of the Committee are producers of California
kiwifruit and one non-industry member. They are familiar with the
Committee's needs and with the costs for goods and services in their
local area and are thus in a position to formulate an appropriate
budget and assessment rate. The assessment rate is formulated and
discussed in a public meeting. Thus, all directly affected persons have
an opportunity to participate and provide input.
The Committee met on June 12, 1996, and unanimously recommended
1996-97 expenditures of $178,598 and an assessment rate of $0.0175 per
tray or tray equivalent of kiwifruit. In comparison, last year's
budgeted expenditures were $172,683. The assessment rate of $0.0175 per
tray or tray equivalent is $0.0025 higher than last year's established
rate. Major expenditures recommended by the Committee for the 1996-97
year include $108,500 for administrative staff and field salaries,
$19,748 for travel, food and lodging and $13,000 for insurance/health
and accident. Budgeted expenses for these items in 1995-96 were
$102,850 for administrative staff and field salaries, $19,798 for
travel, food and lodging and $13,050 for insurance/health and accident.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of California
kiwifruit. Kiwifruit shipments for the year are estimated at 10.5
million trays or tray equivalents of kiwifruit which should provide
$183,750 in assessment income. Income derived from handler assessments,
along with interest income and funds from the Committee's authorized
reserve, will be adequate to cover budgeted expenses. Funds in the
reserve will be kept within the maximum permitted by the order.
While this rule will impose some additional costs on handlers, the
costs are in the form of uniform assessments on all handlers. Some of
the additional costs may be passed on to producers. However, these
costs will be offset by the benefits derived by the operation of the
marketing order. Therefore, the AMS has determined that this rule will
not have a significant economic impact on a substantial number of small
entities.
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by the
Secretary upon recommendation and information submitted by the
Committee or other available information.
Although this assessment rate is effective for an indefinite
period, the Committee will continue to meet prior to or during each
fiscal period to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or the
Department. Committee meetings are open to the public and interested
persons may express their views at these meetings. The Department will
evaluate Committee recommendations and other available information to
determine whether modification of the assessment rate is needed.
Further rulemaking will be undertaken as necessary. The Committee's
1996-97 budget and those for subsequent fiscal periods will be reviewed
and, as appropriate, approved by the Department.
After consideration of all relevant material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, because: (1) The Committee needs to have sufficient funds to
pay its expenses which are incurred on a continuous basis; (2) the
1996-97 fiscal period begins on August 1, 1996, and the marketing order
requires that the rate of assessment for each fiscal period apply to
all assessable kiwifruit handled during such fiscal period; (3)
handlers are aware of this action which was unanimously recommended by
the Committee at a public meeting and is similar to other assessment
rate actions issued in past years; and (4) this interim final rule
provides a 30-day comment period, and all comments timely received will
be considered prior to finalization of this rule.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements.
For the reasons set forth in the preamble, 7 CFR part 920 is
amended as follows:
PART 920--KIWIFRUIT GROWN IN CALIFORNIA
1. The authority citation for 7 CFR part 920 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. A new Sec. 920.213 is added to read as follows:
Note: This section will appear in the Code of Federal
Regulations.
Sec. 920.213 Assessment rate.
On and after August 1, 1996, an assessment rate of $0.0175 per tray
or tray equivalent is established for California kiwifruit.
Dated: July 31, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19853 Filed 8-2-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-19844 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion; Correction
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40519-40520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19844]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-5546-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Final Exclusion; Correction
AGENCY: Environmental Protection Agency.
ACTION: Final rule; Correction.
-----------------------------------------------------------------------
SUMMARY: On July 18, 1996, the Environmental Protection Agency (EPA or
Agency) published a final rule granting a petition submitted by United
Technologies Automotive, Inc. (UTA), Dearborn, Michigan, to exclude (or
``delist''), conditionally, on a one-time, upfront basis, a certain
solid waste generated by UTA's chemical stabilization treatment of
lagoon sludge at the Highway 61 Industrial Site in Memphis, Tennessee,
from the lists of hazardous wastes in Secs. 261.31 and
[[Page 40520]]
261.32. Based on careful analyses of the waste-specific information
provided by the petitioner, the Agency concluded that UTA's petitioned
waste will not adversely affect human health and the environment.
Delisting levels for cadmium, chromium, lead, nickel, and cyanide which
would be protective of human health and the environment were calculated
and promulgated. This action addresses the fact that the calculated
level of 9.6 mg/l of chromium in the TCLP extract is greater than the
toxicity characteristic (TC) level of 5.0 mg/l (see 40 CFR 261.24). A
waste exhibits the TC for chromium, and is, therefore, a hazardous
waste, if its TCLP extract contains greater than or equal to 5.0 mg/l
of chromium. Therefore, today's notice corrects the delisting level for
chromium by requiring the concentration of chromium in a TCLP extract
of UTA's petitioned waste to be less than 5.0 mg/l. This action also
addresses the fact that the calculated level for cyanide was 19.2 mg/l
in a TCLP extract of the petitioned waste. In order to be consistent
with previous delistings, cyanide should be measured in a waste extract
obtained by using deionized water as the extraction medium, rather than
the acetic acid of the TCLP. (See, for example, 56 FR 33004-33005,
33012, July 18, 1991; and 56 FR 67199, 67208, December 30, 1991.)
Therefore, today's notice corrects the delisting level for cyanide by
requiring the cyanide extraction to be conducted using deionized water.
EFFECTIVE DATE: July 18, 1996.
ADDRESSES: The RCRA regulatory docket for the final rule and today's
notice is located at the EPA Library, U.S. Environmental Protection
Agency, Region 4, 345 Courtland Street, N.E., Atlanta, Georgia 30365,
and is available for viewing from 9:00 a.m. to 4:00 p.m., Monday
through Friday, excluding Federal holidays.
The reference number for this docket is R4-96-UTEF. The public may
copy material from any regulatory docket at no cost for the first 100
pages, and at a cost of $0.15 per page for additional copies. For
copying at the Tennessee Department of Environment and Conservation,
please see below.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline, toll free at (800) 424-9346, or at (703) 412-9810. For
technical information concerning this notice, contact Judy
Sophianopoulos, RCRA Compliance Section, (Mail Code 4WD-RCRA), U.S.
Environmental Protection Agency, Region 4, 345 Courtland Street, NE,
Atlanta, Georgia 30365, (404) 347-3555, x6408, or call, toll free,
(800) 241-1754, and leave a message, with your name and phone number,
for Ms. Sophianopoulos to return your call. You may also contact Jerry
Ingram, Tennessee Department of Environment and Conservation (TDEC),
5th Floor, L & C Tower, 401 Church Street, Nashville, Tennessee 37243-
1535, (615) 532-0850. If you wish to copy documents at TDEC, please
contact Mr. Ingram for copying procedures and costs.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for This Action
Although 40 CFR 260.22 requires a petitioner to demonstrate that
the petitioned waste does not exhibit any of the characteristics in
Sec. 261.21, Sec. 261.22, Sec. 261.23, and Sec. 261.24, and that a
waste excluded in accordance with Sec. 261.22 may still be a hazardous
waste under Subpart C of Part 261, today's notice changes the delisting
level for chromium to below the regulatory level for the toxicity
characteristic (TC) in Sec. 261.24, in order to ensure that the
petitioned waste does not exhibit the TC and to clarify that no waste
which exhibits the TC is allowed to be disposed in a Subtitle D
facility.
The calculated level of 9.6 mg/l for chromium in the final rule
resulted from the fact that the maximum contaminant level (MCL) for
chromium, established by the Safe Drinking Water Act, was changed from
0.05 mg/l to 0.10 mg/l (see 56 FR 3526-3597, January 30, 1991). The TC
levels in Sec. 261.24, which equal 100 x the appropriate MCL at the
time of their promulgation, have not been changed to be consistent with
current MCL values.
As stated in the Summary paragraph of today's correction notice, in
order to be consistent with previous delistings, cyanide should be
measured in a waste extract obtained by using deionized water as the
extraction medium, rather than the acetic acid of the TCLP. (See, for
example, 56 FR 33004-33005, 33012, July 18, 1991; and 56 FR 67199,
67208, December 30, 1991.) Therefore, today's notice corrects the
delisting level for cyanide by requiring the cyanide extraction to be
conducted using deionized water.
II. Corrections to the Final Rule
A. On page 37401, of the Federal Register of July 18, 1996, Table 1
of the Preamble:
The delisting level for chromium is corrected to read: ``9.6;
delisting level is set at less than 5.0, the toxicity characteristic
level.''
The delisting level for cyanide is corrected to read: ``19.2;
(cyanide extraction must be conducted using deionized water.)''
B. On page 37402, Table 1 of Appendix IX of Part 261:
Condition (3) is corrected to read: ``(3) Delisting Levels: All
leachable concentrations for these constituents must not exceed the
following levels (ppm): Cadmium--0.48; cyanide--19.2; lead--1.4; and
nickel--9.6. The leachable concentration of chromium must be less than
5.0 ppm. Metal concentrations in the waste leachate must be measured by
the method specified in 40 CFR 261.24. The cyanide extraction must be
conducted using deionized water. Total cyanide concentration in the
leachate must be measured by Method 9010 or Method 9012 of SW-846.''
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Dated: July 19, 1996.
James S. Kutzman,
Associate Director, Office of RCRA & Fed. Facilities.
[FR Doc. 96-19844 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-19817 List of Communities Eligible for the Sale of Flood Insurance
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40525-40527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19817]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7645]
List of Communities Eligible for the Sale of Flood Insurance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities participating in the National
Flood Insurance Program (NFIP). These communities have applied to the
program and have agreed to enact certain floodplain management
measures. The communities' participation in the program authorizes the
sale of flood insurance to owners of property located in the
communities listed.
EFFECTIVE DATE: The dates listed in the third column of the table.
ADDRESSES: Flood insurance policies for property located in the
communities listed can be obtained from any licensed property insurance
agent or broker serving the eligible community, or from the NFIP at:
Post Office Box 6464, Rockville, MD 20849, (800) 638-6620.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Jr., Division
Director, Program Implementation Division, Mitigation Directorate, 500
C Street, SW., room 417, Washington, DC 20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
measures aimed at protecting lives and new construction from future
flooding. Since the communities on the attached list have recently
entered the NFIP, subsidized flood insurance is now available for
property in the community.
In addition, the Director of the Federal Emergency Management
Agency has identified the special flood hazard areas in some of these
communities by publishing a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM). The date of the flood map, if one has been
published, is indicated in the fourth column of the table. In the
communities listed where a flood map has been published, Section 102 of
the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C.
4012(a), requires the purchase of flood insurance as a condition of
Federal or federally related financial assistance for acquisition or
construction of buildings in the special flood hazard areas shown on
the map.
The Director finds that the delayed effective dates would be
contrary to the public interest. The Director also finds that notice
and public procedure under 5 U.S.C. 553(b) are impracticable and
unnecessary.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Considerations. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director certifies that this rule will not
have a significant economic impact on a substantial number of small
entities in accordance with the Regulatory Flexibility Act, 5 U. S. C.
601 et seq., because the rule creates no additional
[[Page 40526]]
burden, but lists those communities eligible for the sale of flood
insurance.
Regulatory Classification
This final rule is not a significant regulatory action under the
criteria of section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.
Paperwork Reduction Act
This rule does not involve any collection of information for
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp., p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp., p. 309.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
----------------------------------------------------------------------------------------------------------------
Effective date of
State/location Community No. eligibility Current effective map date
----------------------------------------------------------------------------------------------------------------
New Eligibles--Emergency Program
----------------------------------------------------------------------------------------------------------------
Michigan:
Thompson, township of, 260519 June 5, 1996...............
Schoolcraft County.
Harrisville, township of, 260955 Do.....................
Alcona County.
Minnesota: Courtland, city of, 270314 ......do................... June 4, 1976.
Nicollet County.
Nebraska: Creighton, city of, Knox 310360 June 6, 1996............... November 12, 1976.
County.
Illinois: Livingston County, 170929 ......do................... March 31, 1978.
unincorporated areas.
Vermont: Westfield, town of, 500257 June 7, 1996............... December 24, 1976.
Orleans County.
South Carolina: Bamberg, city of, 450259 Do.....................
Bamberg County.
South Dakota: Gary, town of, Deuel 460112 June 19, 1996.............. June 27, 1975.
County.
Nebraska: Chapman, village of, 310260 June 26, 1996.............. March 26, 1976.
Merrick County.
----------------------------------------------------------------------------------------------------------------
New Eligibles--Regular Program
----------------------------------------------------------------------------------------------------------------
Alabama: \1\ Pickensville, town of, 010423 June 6, 1996...............
Pickens County.
Vermont: Enosburg, town of, 500051 June 19, 1996.............. January 2, 1981.
Franklin County.
Washington: Federal Way, city of, 530322 June 21, 1996.............. May 20, 1996.
King County.
California: \2\ Agua Caliente Band 060763 Do.....................
of Cahuilla Indians Tribe,
Riverside County.
----------------------------------------------------------------------------------------------------------------
Reinstatements
----------------------------------------------------------------------------------------------------------------
Arkansas: Colt, city of, St. 050186 April 25, 1975--Emerg.; October 3, 1975.
Francis County. March 4, 1986--Susp.; June
3, 1996--Rein.
South Carolina: Eastover, town of, 450173 June 26, 1975--Emerg.; July 17, 1995.
Richland County. September 30, 1988--Reg.;
February 16, 1990--Susp.;
June 7, 1996-- Rein.
Fountain Inn, town of, 450209 June 2, 1977--Emerg.; June June 17, 1986.
Greenville & Laurens Counties. 17, 1986--Reg.; June 17,
1986--Susp.; June 7, 1996--
Rein.
West Virginia: Smithfield, town of, 540258 November 5, 1975--Emerg.; April 1, 1988.
Wetzel County. April 1, 1988--Reg.; April
1, 1988--Susp.; June 11,
1996--Rein.
New York: Pittsfield, town of, 361277 May 13,1977--Emerg.; October 4, 1983.
Otsego County. November 4, 1983--Reg.;
November 4, 1992--Susp.;
June 13, 1996--Rein.
Indiana: La Porte County, 180144 January 15, 1976--Emerg.; June 4, 1996.
unincorporated areas. January 1, 1987--Reg.;
June 4, 1996--Susp.; June
19, 1996--Rein.
Pennsylvania: Fayette City, borough 420464 July 30, 1975--Emerg.; December 19, 1995.
of, Fayette County. February 3, 1982--Reg.;
March 5, 1996--Susp.; June
19, 1996--Rein.
New York: Rossie, town of, St. 361186 September 12, 1980--Emerg.; July 30, 1982.
Lawrence County. July 30, 1982--Reg.;
November 4, 1992--Susp.;
June 21, 1996--Rein.
----------------------------------------------------------------------------------------------------------------
Regular Program Conversions
----------------------------------------------------------------------------------------------------------------
Region I
Maine: Arundel, town of, York 230192 June 4, 1996--Suspension June 4, 1996.
County. Withdrawn.
Region IV
Georgia: Dooly County, 130532 ......do................... Do.
unincorporated areas.
[[Page 40527]]
Region V
Illinois: Kane County, 170896 ......do................... Do.
unincorporated areas.
Indiana: LaPorte, city of, LaPorte 180490 ......do................... Do.
County.
Region VI
New Mexico: Eddy County, 350120 ......do................... Do.
dounincorporated areas.
Region IX
Arizona: Tucson, city of, Pima 040076 ......do................... Do.
County.
Region V
Michigan:
Bangor, charter township of, 260019 June 18, 1996--Suspension June 18, 1996.
Bay County. Withdrawn.
Bay City, city of, Bay County.. 260020 ......do................... Do.
Beaver, township of, Bay County 260357 ......do................... Do.
Essexville, city of, Bay County 260021 ......do................... Do.
Frankenlust, township of, Bay 260022 ......do................... Do.
County.
Fraser, township of, Bay County 260657 ......do................... Do.
Hampton, township of, Bay 260023 ......do................... Do.
County.
Kawkawlin, township of, Bay 260658 ......do................... Do.
County.
Merritt, township of, Bay 260024 ......do................... Do.
County.
Monitor, township of, Bay 260358 ......do................... Do.
County.
Pinconning, city of, Bay County 260607 ......do................... Do.
Pinconning, township of, Bay 260025 .......do.................. Do.
County.
Portsmouth, township of, Bay 260026 ......do................... Do.
County.
Williams, township of, Bay 260359 ......do................... Do.
County.
Region VI
Louisiana: St. Mary Parish, 220192 ......do................... Do.
unincorporated areas.
Oklahoma: Noble County, 400132 ......do................... Do.
unincorporated areas.
Region VII
Nebraska:
Dakota County, unincorporated 310429 ......do................... Do.
areas.
Homer, village of, Dakota 310241 ......do................... Do.
County.
----------------------------------------------------------------------------------------------------------------
\1\ The Town of Pickensville has adopted Pickens County's Flood Insurance Study and Flood Insurance Rate Map
dated 6/4/90, for floodplain management and flood insurance purposes. (Panels #0400B, 0275B, 0425B, and
0300B). The Community Identification number for Pickens County is 010283.
\2\ The Agua Caliente Band of Cahuilla Indians Tribe has adopted by reference the Flood Insurance Studies (FISs)
and Flood Insurance Rate Maps (FIRMs) for floodplain management and insurance purposes of the following
communities: Riverside County (CID #060245) FIRM date September 30, 1992; the Cities of Cathedral City (CID
#060704) and Palm Springs (CID #060257) FIRMs dated June 18, 1996.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension; With.--
Withdrawn.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Issued: July 26, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-19817 Filed 8-2-96; 8:45 am]
BILLING CODE 6718-05-P
Complete official Federal Register PDF
FR Doc. 96-19815 Changes in Flood Elevation Determinations
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40527-40530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19815]
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
[Docket No. FEMA-7189]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
base (1% annual chance) flood elevations is appropriate because of new
scientific or technical data. New flood insurance premium rates will be
calculated from the modified base flood elevations for new buildings
and their contents.
DATES: These modified base flood elevations are currently in effect on
the dates listed in the table below and revise the Flood Insurance Rate
Map(s) in effect prior to this determination for the listed
communities.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Associate Director for
Mitigation reconsider the changes. The modified elevations may be
changed during the 90-day period.
ADDRESSES: The modified base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the table
below.
FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street
S.W., Washington, DC 20472, (202) 646-2756.
SUPPLEMENTARY INFORMATION: The modified base flood elevations are not
listed for each community in this interim rule. However, the address of
the Chief Executive Officer of the community where the modified base
flood elevation determinations are available for inspection is
provided.
Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
The modifications are made pursuant to Section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified base flood elevations are the basis for the floodplain
management measures that the
[[Page 40528]]
community is required to either adopt or to show evidence of being
already in effect in order to qualify or to remain qualified for
participation in the National Flood Insurance Program (NFIP).
These modified elevations, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, State, or regional entities.
The changes in base flood elevations are in accordance with 44 CFR
65.4.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Associate Director for Mitigation certifies that this rule is
exempt from the requirements of the Regulatory Flexibility Act because
modified base flood elevations are required by the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain
community eligibility in the NFIP. No regulatory flexibility analysis
has been prepared.
Regulatory Classification
This interim rule is not a significant regulatory action under the
criteria of Section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of Section2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
Accordingly, 44 CFR Part 65 is amended to read as follows:
PART 65--[AMENDED]
1. The authority citation for Part 65 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Sec. 65.4 [Amended]
The tables published under the authority of Sec. 65.4 are amended
as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chief executive
State and county Location Dates and name of newspaper officer of Effective date of Community
where Notice was published community modification No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
Coconino................ City of Flagstaff........... May 17, 1996, May 24, 1996, The Honorable April 22, 1996.............. 040020
Arizona Daily Sun. Christopher J.
Bavasi, Mayor,
City of
Flagstaff, 211
West Aspen
Avenue,
Flagstaff,
Arizona 86001.
Maricopa................ City of Phoenix............. June 6, 1996, June 13, 1996, The Honorable May 8, 1996................. 040051
Arizona Business Gazette. Skip Rimsza,
Mayor, City of
Phoenix, 200
West
Washington
Street,
Phoenix,
Arizona 85003.
Arkansas: Garland........... City of Hot Springs......... May 24, 1996, May 31, 1996, The Honorable May 8, 1996................. 050084
Sentinel Record. Helen Selig,
Mayor, City of
Hot Springs,
P.O. Box 700,
Hot Springs,
Arkansas 71902.
California:
Fresno.................. City of Clovis.............. May 3, 1996, May 10, 1996, The Honorable April 9, 1996............... 060044
Fresno Bee. Harry
Armstrong,
Mayor, City of
Clovis, 1033
Fifth Street,
Clovis,
California
93612.
Fresno.................. Unincorporated Areas........ May 3, 1996, May 10, 1996, The Honorable April 9, 1996.............. 065029
Fresno Bee. Sharon Levy,
Chairperson,
Fresno County,
Board of
Supervisors,
Hall of
Records, 2281
Tulare Street,
Room 301,
Fresno,
California
93721-2198.
Contra Costa............ City of Pittsburg........... May 24, 1996, May 31, 1996, The Honorable May 7, 1996................. 060033
Ledger Dispatch. Joseph
Canciamella,
Mayor, City of
Pittsburg,
P.O. Box 1518,
Pittsburg,
California
94565.
[[Page 40529]]
Sacramento.............. Unincorporated Areas........ May 22, 1996, May 29, 1996, The Honorable April 25, 1996.............. 060262
Sacramento Bee. Roger
Dickinson,
Chairman,
Sacramento
County, Board
of
Supervisors,
700 H Street,
Suite 2450,
Sacramento,
California
95814.
Santa Barbara........... Unincorporated Areas........ May 15, 1996, May 22, 1996, The Honorable May 3, 1996................. 060331
Santa Barbara News-Press. Jeanne Graffy,
Chairperson,
Santa Barbara
County, Board
of
Supervisors,
104 East
Anapamu
Street, Santa
Barbara,
California
93101.
Colorado:
Adams, Arapahoe, and City of Aurora.............. May 22, 1996, May 29, 1996, The Honorable April 16, 1996.............. 080002
Douglas. Aurora Sentinel. Paul E. Tauer,
Mayor, City of
Aurora, 1470
South Havana
Street, Suite
808, Aurora,
Colorado 80012.
Denver.................. City and County of Denver... May 22, 1996, May 29, 1996, The The Honorable April 16, 1996.............. 080046
Daily Journal. Wellington E.
Webb, Mayor,
City County of
Denver, 1437
Bannock
Street, Room
350, Denver,
Colorado 80202.
Weld.................... Town of Erie................ June 12, 1996, June 19, 1996, The Honorable May 24, 1996................ 080181
Longmont Daily Times-Call. Victor F.
Smith, Mayor,
Town of Erie,
P.O. Box 100,
Erie, Colorado
80516.
Nevada: Clark............... Unincorporated Areas........ June 19, 1996, June 26, 1996, The Honorable May 7, 1996................. 320003
Las Vegas Review Journal. Yvonne
Atkinson
Gates,
Chairperson,
Clark County,
Board of
Commissioners,
225 Bridger
Avenue, Sixth
Floor, Las
Vegas, Nevada
89155.
North Dakota: Grand Forks... City of Grand Forks......... June 4, 1996, June 11, 1996, The Honorable May 10, 1996................ 385365
Grand Forks Herald. Michael
Polivitz,
Mayor, City of
Grand Forks,
P.O. Box 5200,
Grand Forks,
North Dakota
58206-5200.
Texas:
Tarrant................. City of Bedford............. June 5, 1996, June 12, 1996, The Honorable May 7, 1996................. 480585
Fort Worth Star Telegram. Rick D. Hurt,
Mayor, City of
Bedford, P.O.
Box 157,
Bedford, Texas
76095-0157.
Tarrant................. City of Colleyville......... May 22, 1996, May 29, 1996, Fort The Honorable May 13, 1996................ 480590
Worth Star Telegram. Ed Baker,
Mayor, City of
Colleyville,
P.O. Box 185,
Colleyville,
Texas 76034.
Collin.................. Unincorporated Areas........ May 22, 1996, May 29, 1996, The Honorable May 6, 1996................. 480130
Plano Star Courier. Ron Harris,
Collin County
Judge, 210
South McDonald
Street,
McKinney,
Texas 75069.
Collin.................. City of Plano............... June 12, 1996, June 19, 1996, The Honorable May 22, 1996................ 480140
Plano Star Courier. James N. Muns,
Mayor, City of
Plano, P.O.
Box 860358,
Plano, Texas
75086-0358.
[[Page 40530]]
Collin.................. City of Plano............... May 22, 1996, May 29, 1996, The Honorable May 6, 1996................. 480140
Plano Star Courier. James N. Muns,
Mayor, City of
Plano, P.O.
Box 860358,
Plano, Texas
75086-0358.
Tarrant................. City of Southlake........... June 18, 1996, June 25, 1996, The Honorable May 22, 1996................ 480612
Fort Worth Star Telegram. Gary Fickes,
Mayor, City of
Southlake, 667
North Carroll
Avenue,
Southlake,
Texas 76092.
Tarrant................. City of Southlake........... June 18, 1996, June 25, 1996, The Honorable May 22, 1996................ 480612
Fort Worth Star Telegram. Gary Fickes,
Mayor, City of
Southlake, 667
North Carroll
Avenue,
Southlake,
Texas 76092.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: July 26, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-19815 Filed 8-2-96; 8:45 am]
BILLING CODE 6718-04-P
Complete official Federal Register PDF
FR Doc. 96-19803 Food Standards: Amendment of Standards of Identity for Enriched Grain Products to Require Addition of Folic Acid; Correction
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Page 40513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES-
Food and Drug Administration
21 CFR Parts 136, 137, and 139
[Docket No. 91N-100S]
RIN 0910-AA19
Food Standards: Amendment of Standards of Identity for Enriched
Grain Products to Require Addition of Folic Acid; Correction
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is correcting a final
rule that appeared in the Federal Register of March 5, 1996 (61 FR
8781). The final rule amended the standards of identity for several
enriched cereal-grain products and by cross-reference, the standards of
identity for enriched bromated flour, enriched vegetable macaroni, and
enriched vegetable noodle products, to require fortification of those
cereal grain products with folic acid. The document was published with
some errors. This document corrects those errors.
EFFECTIVE DATE: January 1, 1998.
FOR FURTHER INFORMATION CONTACT: Felicia B. Satchell, Center for Food
Safety and Applied Nutrition (HFS-158), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-205-5099.
In FR Doc. No. 96-5014, appearing on page 8781 in the Federal
Register of Tuesday, March 5, 1996, the following corrections are made:
1. On page 8781, in the third column, under the ``SUPPLEMENTARY
INFORMATION'' caption, in the second paragraph, in the eighth line,
``consideration'' is corrected to read ``considerable''.
2. On page 8782, in the first column, in the fourteenth line,
``Health Claims'' is corrected to read ``folic acid health claims'';
and beginning on the same line ``58 FR 23254 at 23256'' is corrected to
read ``58 FR 53254 at 53256''; and in the nineteenth line,``the
claims'' is corrected to read ``the folic acid health claims''.
3. On page 8783, in the first column, in the first full paragraph,
in the second line from the bottom, ``folate'' is corrected to read
``folic acid''.
4. On page 8786, in the first column, in the first full paragraph,
in the seventh line, the word ``direct'' is inserted after the word
``include'', and in the same page, in the third full paragraph, the
last sentence in parenthesis is deleted.
5. On page 8788, in the third column, in the second full paragraph,
in the fifth line, the word ``raises'' is removed and is reinserted in
the sixth line, after the word ``request''.
6. On page 8794, in the third column, in the fifth full paragraph,
in the ninth line, the last sentence is corrected to read:
The cost of the required label changes will vary with the
compliance period. The estimated cost of the required label changes
in the proposed rule was based on a compliance period of 1 year.
However, this final rule changes the compliance period from 1 year
to 2 years. This increase in the compliance period reduces the
estimated cost of required label changes to $11 million. The cost of
adding the required folic acid and the cost of testing are recurring
costs that are not significantly affected by the change in the
compliance period. Thus, the total one-time cost of relabeling these
products is estimated to be $11 million and the recurring costs are
estimated to be $6.5 million. These costs are extremely small
relative to the estimated health benefits of this final rule.
7. On page 8795, in the first column, before ``B. Benefits'', the
following paragraph is added:
``Total Costs. If fortification were to be at 70 /100 g,
quantified costs for allowing 2 years for compliance are now estimated
to be $16 million. If fortification were to be at 350 g/100 g,
quantified costs for allowing 2 years for compliance are now estimated
to be $23.5 million. Again, FDA has declined to quantify the costs of
neurologic effects due to masking of anemia of vitamin B12
deficiency.''
8. On page 8795, in the second column, under section 2.a, in the
sixth line ``10 to 50 percent of'' is removed; on the same page, in the
third column, under ``C. Conclusion'', in the second paragraph, in the
third line ``$27 million'' is corrected to read ``$17.5 million''; in
the same paragraph, beginning in the thirteenth line, ``should be
approximately 25 percent of the first year cost'' is corrected to read
``is estimated to be approximately $7 million''; and in the third
paragraph, in the second line, ``$27 million'' is corrected to read
``$17.5 million''.
Dated: July 25, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-19803 Filed 8-2-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-19792 Amendments to Federal Contract Labor Laws by The Federal Acquisition Streamlining Act of 1994
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40714-40716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19792]
[[Page 40713]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
Office of the Secretary
Wage and Hour Division
_______________________________________________________________________
29 CFR Parts 4 and 5
41 CFR Parts 50-201 and 50-206
Amendments to Federal Contract Labor Laws by the Federal Acquisition
Streamlining Act of 1994; Final Rule
Federal Register / Vol. 61, No. 151 / Monday, August 5, 1996 / Rules
and Regulations
[[Page 40714]]
DEPARTMENT OF LABOR
Office of the Secretary
Wage and Hour Division
29 CFR Parts 4 and 5
41 CFR Part 50-201 and 50-206
RIN 1215-AA96
Amendments to Federal Contract Labor Laws by The Federal
Acquisition Streamlining Act of 1994
AGENCY: Wage and Hour Division, Employment Standards Administration,
Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises regulations on Labor Standards for Federal
Service Contracts Davis-Bacon and Related Acts Provisions and
Procedures, General Regulations Under the Walsh-Healey Public Contracts
Act, and the Walsh-Healey Public Contracts Act Interpretations to
incorporate changes necessitated by the Federal Acquisition
Streamlining Act of 1994, which raised the coverage threshold of the
Contract Work Hours and Safety Standards Act (CWHSSA) to $100,000 and,
among other things, eliminated the eligibility requirements of the
Walsh-Healey Public Contracts Act (PCA).
DATES: These regulatory changes are effective on September 4, 1996.
FOR FURTHER INFORMATION CONTACT:
Richard M. Brennan, Deputy Director, Office of Enforcement Policy, Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, Room S-3506, 200 Constitution Avenue, NW, Washington, DC
20210, (202) 219-8412. This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
This rule does not contain any new information collection
requirements and does not modify any existing requirements contained in
29 CFR parts 4 and 5 and in 41 CFR parts 50-201 and 206. Thus, this
rule contains no reporting or recordkeeping requirements subject to the
Paperwork Reduction Act of 1980 (Pub. L. 96-511).
II. Background
The Department published a notice of proposed rulemaking in the
Federal Register on September 7, 1995 (60 FR 46553), inviting public
comments on proposed revisions to 29 CFR parts 4 and 5, and 41 CFR
parts 50-201 and 50-206, to correspond to provisions of the Federal
Acquisition Streamlining Act of 1994 (FASA) (Pub. L. 103-355, 108 Stat.
3243). Section 4104(c) of FASA amended sections 103 and 107 of the
Contract Work Hours an Safety Standards Act (CWHSSA), 40 U.S.C. 327 et
seq, to establish a threshold of $100,000 or more for contracts subject
to CWHSSA's overtime provisions. As a result of this new $100,000
statutory threshold, conforming revisions were proposed to
Sec. 4.181(b) of 29 CFR part 4 and Secs. 5.5(b) and 5.15(b) (1) and (2)
of 29 CFR part 5.
Section 7201 of FASA amended the PCA to: (1) Repeal section 1(a) of
the PCA, which eliminates the requirement that covered contractors must
be either a ``regular dealer'' or ``manufacturer,'' \1\ and to
redesignate paragraphs (b), (c), (d) and (e) to (a), (b), (c) and (d),
respectively; (2) substitute, in section 10(b) of the PCA, the term
``supplier of'' for the terms ``regular dealer'' and ``manufacturer'';
(3) strike, in section 10(c) of the PCA, the terms ``regular dealer''
and ``manufacturer''; and (4) add new subsections (a) and (b) to
section 11 of the PCA to provide for the Secretary's authority to
define the terms ``regular dealer'' and ``manufacturer.''
---------------------------------------------------------------------------
\1\ Under the PCA as amended, an eligible bidder includes, in
addition to a manufacturer or regular dealer, any supplier or
distributor of the materials, supplies, articles, or equipment to be
manufactured or supplied under the contract.
---------------------------------------------------------------------------
Pursuant to these statutory amendments to the PCA, the Department
proposed the following modifications to 41 CFR parts 50-201 and 50-206:
1. Renumber Sec. 50-201.1 of 41 CFR part 50-201 relating to
contract stipulations as Sec. 50-201.3;
2. Delete the paragraph currently designated as Sec. 50-201.1(a) to
remove the ``manufacturer of or regular dealer in'' requirement, and
redesignate subsequent paragraphs of this section;
3. Delete Sec. 50-201.101 relating to definitions of the terms
``manufacturer'' and ``regular dealer'';
4. Delete Sec. 50-201.604 relating to partial administrative
exemptions from the manufacturer or regular dealer requirement; and
5. Delete the entire part 50-206, which relates primarily to the
qualifications of contractors and interpretations of the terms
``manufacturer'' and ``regular dealer,'' and incorporate Secs. 50-206.1
and 50-206.2 into the general regulations at part 50-201 as new
Secs. 50-201.1 and 50-201.2, respectively.
In addition, section 3023 of FASA repealed 10 U.S.C. 7299 to
eliminate the applicability of the PCA to contracts for the
construction, alteration, furnishing, or equipping of naval vessels.
While this amendment required no changes in the regulations, the
Department advised contracting agencies and contractors that such
contracts would, as a result, be subject to the Davis-Bacon Act, which
applies to contracts in excess of $2,000 for the construction,
alteration, and/or repair, including painting and decorating, of a
public building or a public work, because marine vessels have
historically been regarded as ``public works'' for purposes of the
Davis-Bacon Act.
In connection with the repeal of the bidder eligibility
requirements, section 7201(4) added a new provision to the PCA which
provided that the Secretary of Labor ``* * * may [emphasis added]
prescribe in regulations the standards for determining whether a
contractor is a manufacturer of or a regular dealer in materials,
supplies, articles, or equipment to be manufactured or used in the
performance of a contract entered into by * * * (the United States).''
The new section also provides for judicial review of any legal question
regarding the interpretation of manufacturer or regular dealer as
promulgated under this new section. According to the legislative
history of FASA's section 7201(b), authorizing the Secretary of Labor
to define the terms ``regular dealer'' and ``manufacturer'' was
considered appropriate because the terms have been incorporated by
reference into a number of other statutes. (See H.R. Conf. Rep. No.
712, 103d Cong., 2d Sess. 225 (1994).)
Because only one statute was found which explicitly incorporates
PCA's definition of the term ``manufacturer'' and/or ``regular dealer''
by reference,\2\ the Department concluded that maintaining special
rules defining the terms ``manufacturer'' or ``regular dealer'' was not
necessary, given FASA's repeal of the eligibility requirements; that
the former definitions could be adapted, if necessary, by other Federal
agencies; and that the former definitions could be used to resolve
questions of PCA eligibility in contracts awarded prior to the change
in applicable law. This conclusion was also supported by the fact that
a review of the numerous
[[Page 40715]]
references to the ``manufacturer'' or ``regular dealer'' provisions of
the PCA throughout the Code of Federal Regulations (CFR) disclosed that
they were only intended to implement these eligibility requirements
through the procurement process.
---------------------------------------------------------------------------
\2\ This statute, 15 U.S.C. 637, concerns contracting authority
of the Small Business Administration and the awarding of
subcontracts to small businesses owned and controlled by socially
and economically disadvantaged individuals. It provides at 15 U.S.C.
637(a)(17) that a responsible business concern may be the actual
manufacturer or processor of the product to be supplied under a
contract or ``* * * be a regular dealer, as defined pursuant to
section 35(a) of Title 41 (popularly referred to as the Walsh-Healey
Public Contracts Act), in the product to be offered the Government *
* *.'' (See 15 U.S.C. 637(a)(17)(B)(iii).)
---------------------------------------------------------------------------
A total of 3 comments were received in response to the notice. Two
commenters focused their remarks on the repeal of 10 U.S.C. 7299, which
eliminated the applicability of the PCA to contracts for the
construction, alteration, furnishing, or equipping of naval vessels.
Both the Department of Navy and Shipbuilders Council of America
questioned the Department's interpretation that, in the absence of 10
U.S.C. 7299, the Davis-Bacon Act would apply to shipbuilding and ship
repair contracts. The Department of Navy also argued that the Congress
intended to implement a Department of Defense 800 panel recommendation
on acquisition reform which sought repeal of the PCA, including repeal
of 10 U.S.C. 7299, and a companion amendment to the Davis-Bacon Act to
make clear that it was not applicable to ship repair or construction
contracts. This commenter further argued that the failure of FASA to
include an amendment to the Davis-Bacon Act does not alter
Congressional intent. To clarify the situation, according to this
commenter, the Department of Navy expected 10 U.S.C. 7299 to be
reinstated in the upcoming FY 1996 appropriation authorization for the
Department of Defense. The third commenter, the Honorable Jan Meyer,
Chair, Committee on Small Business, U.S. House of Representatives,
supported the Department's view that the promulgation of special rules
defining the terms ``manufacturer'' or ``regular dealer'' was not
necessary.
After review of the comments, the Department has concluded that it
is appropriate to adopt the revisions proposed in the September 1995
rulemaking as a final rule. With respect to commenter concerns that
contracts for naval vessels, previously subject to the requirements of
the PCA, would be subject to the DBA in the absence of 10 U.S.C. 7299,
the Department lacks authority to provide for an alternative result.
Marine vessels have historically been regarded as ``public works'' for
purposes of the DBA.\3\ The DBA has accordingly been applied to
contracts for the construction, alteration, or repair of Federally-
owned or operated marine vessels (e.g., of the U.S. Army Corps of
Engineers, National Oceanic and Atmospheric Administration, and
Maritime Administration). Pursuant to 10 U.S.C. 7299, however,
contracts in excess of $10,000 calling for construction, alteration,
furnishing or equipping of naval vessels (U.S. Navy or U.S. Coast
Guard) were heretofore subject to PCA. This statute had the effect of
removing Navy and Coast Guard vessels from DBA coverage. The repeal of
10 U.S.C. 7299, however, caused the provisions of DBA to become
applicable to Navy and Coast Guard vessels as with all other Federally-
owned or operated marine vessels. Although this may have been an
unintended consequence of the passage of FASA, the question of DBA
coverage is clear. Thus, contracts involving U.S. Navy or U.S. Coast
Guard vessels, as for all other U.S. Government marine vessels
historically, would also be subject to DBA by statutory language in the
absence of 10 U.S.C. 7299. In any case, however, this issue has become
moot by the enactment of section 815 of the Fiscal Year 1996 DOD
Authorization Act (Pub. L. 104-106; February 10, 1996), which includes
a provision reinstating former 10 U.S.C. 7299. As a result, each
contract for the construction, alteration, furnishing or equipping of a
naval vessel is once again subject to the PCA, unless the President
determines that this requirement is not in the interest of national
defense.
---------------------------------------------------------------------------
\3\ See Title Guaranty and Trust Co. v. Crane Co., 219 U.S. 24
(1910); 38 Op. Atty. Gen. 418; and 17 Comp. Gen. 585.
---------------------------------------------------------------------------
Executive Order 12866/Sec. 202 of the Unfunded Mandates Reform Act of
1995
This final rule is not a ``significant regulatory action'' within
the meaning of Executive Order 12866, nor does it require a section 202
statement under the Unfunded Mandates Reform Act of 1995. The revisions
adopted in this rule are technical in nature as required by statutory
language in FASA. While the new statutory threshold of $100,000 under
the Contract Work Hours and Safety Standards Act can be expected to
reduce procurement burdens on purchases under $100,000, contractors
awarded such contracts may continue to be obligated to pay weekly
overtime where the requirements of the Fair Labor Standards Act (29
U.S.C. 201, et seq.) apply. Likewise, the repeal of the
``manufacturer'' and ``regular dealer'' requirements under PCA may be
expected to increase competition for certain supply contracts; however,
the impact on procurement costs resulting from an enlarged pool of
eligible bidders is not clearly apparent, and could be minimal.
Accordingly, these changes are not expected to result in a rule that
may: (1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866 and section 202 of the Unfunded Mandate Reform Act of 1995.
Therefore, no regulatory impact analysis has been prepared.
Regulatory Flexibility Act
The final rule will not have a significant economic impact on a
substantial number of small entities. The rule implements statutory
changes enacted by FASA, and furthers its streamlining objectives. The
repeal of the ``manufacturer'' and ``regular dealer'' requirements
under PCA will likely increase the number of eligible bidders on supply
contracts, many of whom would be small entities, which would have
beneficial effects consistent with the purpose of the Regulatory
Flexibility Act. The elimination of PCA bidder requirements will also
simplify the processing of eligibility protests on bidder eligibility
and will otherwise streamline the procurement process. While these and
other benefits of the rule would be difficult, if not impossible, to
quantify, the rule is not expected to have a `'significant economic
impact on a substantial number of small entities'' within the meaning
of the Regulatory Flexibility Act. Therefore, a regulatory flexibility
analysis is not required.
Document Preparation
This document was prepared under the direction and control of Maria
Echaveste, Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor.
List of Subjects
29 CFR Part 4
Administrative practice and procedure, Employee benefit plans,
Government contracts, Investigations, Labor, Law enforcement, Minimum
wages, Penalties, Recordkeeping requirements, Reporting requirements,
Wages.
[[Page 40716]]
29 CFR Part 5
Administrative practice and procedures, Government contracts,
Investigations, Labor, Minimum wages, Penalties, Recordkeeping
requirements, Reporting requirements, Wages.
41 CFR Parts 50-201 and 50-206
Administrative practice and procedures, Child Labor, Government
contracts, Government procurement, Minimum wages, Penalties, Reporting
and recordkeeping requirements, Wages.
For the reasons set forth above, 29 CFR Part 4, 29 CFR Part 5, CFR
Part 50-201, and 41 CFR Part 50-206 are amended as set forth below.
Signed at Washington, DC, on this 30th day of July, 1996.
Maria Echaveste,
Administrator, Wage and Hour Division.
Accordingly, the following Parts of the Code of Federal Regulations
are amended:
(a) Part 4, Title 29, Code of Federal Regulations (29 CFR Part 4);
(b) Part 5, Subpart A, Title 29, Code of Federal Regulations (29
CFR Part 5);
(c) Part 50-201, Chapter 50 of Title 41, Code of Federal
Regulations (41 CFR Part 50-201); and
(d) Part 50-206, Chapter 50 of Title 41, Code of Federal
Regulations (41 CFR part 50-206), as set forth below.
Title 29--Labor
Subtitle A--Office of the Secretary
PART 4--LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
1. Authority citation for part 4 is revised to read as follows:
Authority: 41 U.S.C. 351, et seq., 79 Stat. 1034, as amended in
86 Stat. 789, 90 Stat. 2358; 41 U.S.C. 38 and 39; 5 U.S.C. 301; and
108 Stat. 4101(c).
Sec. 4.181 [Amended]
2. In Sec. 4.181, paragraph (b)(1) is revised to read as follows:
* * * * *
(b) Contract Work Hours and Safety Standards Act. (1) The Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-332) applies
generally to Government contracts, including service contracts in
excess of $100,000, which may require or involve the employment of
laborers and mechanics. Guards, watchmen, and many other classes of
service employees are laborers or mechanics within the meaning of such
Act. However, employees rendering only professional services, seamen,
and as a general rule those whose work is only clerical or supervisory
or nonmanual in nature, are not deemed laborers or mechanics for
purposes of the Act. The wages of every laborer and mechanic for
performance of work on such contracts must include compensation at a
rate not less than 1\1/2\ times the employees' basic rate of pay for
all hours worked in any workweek in excess of 40. Exemptions are
provided for certain transportation and communications contracts,
contracts for the purchase of supplies ordinarily available in the open
market, and work, required to be done in accordance with the provisions
of the Walsh-Healey Act.
* * * * *
PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING
FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS
PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
Subpart A--Davis-Bacon and Related Acts Provisions and Procedures
3. The authority citation for part 5 is revised to read as follows:
Authority: 40 U.S.C. 276a-176a-7; 40 U.S.C. 276c; 40 U.S.C.
327-332; Reorganization Plan No. 14 of 1950, 5 U.S.C. Appendix; 5
U.S.C. 301; 29 U.S.C. 259; 108 Stat. 4104(c); and the statutes
listed in section 5.1(a) of this part.
4. In Sec. 5.5, paragraph (b) is revised to read as follows:
Sec. 5.5 Conract provisions and related matters.
* * * * *
(b) Contract Work Hours and Safety Standards Act. The Agency Head
shall cause or require the contracting officer to insert the following
clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this
section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work Hours and
Safety Standards Act. These clauses shall be inserted in addition to
the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As
used in this paragraph, the terms laborers and mechanics include
watchmen and guards.
* * * * *
Sec. 5.15 [Amended]
5. In Sec. 5.15, paragraph (b) is amended by removing paragraphs
(b)(1) and (2), and by redesignating paragraphs (b)(3), (4), and (5) as
paragraphs (b)(1), (2), and(3), respectively.
Title 41--Public Contracting and Property Management
CHAPTER 50--PUBLIC CONTRACTS, DEPARTMENT OF LABOR
PART 50-201--GENERAL REGULATIONS
6. The authority citation for part 50-201 is revised to read as
follows:
Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or
apply sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat.
7201.
7. Sections 50-201.1 and 50-201.2 are redesignated as Secs. 50-
201.3 and 50-201.4, respectively, and paragraph (a) of the clause in
Sec. 50-201.3, as newly redesignated, is removed, and paragraphs (b)
through (j) are redesignated as paragraphs (a) through (i),
respectively, and the heading of the clause is revised to read as
follows:
REPRESENTATIONS AND STIPULATIONS PURSUANT TO PUBLIC LAW 846, 74TH
CONGRESS, AS AMENDED
* * * * *
Sec. 50-201.101 [Removed]
Sec. 50-201.102 through 50-201.106 [Redesignated as Secs. 50-201.101
through 50-201.105]
8. Section 50-201.101 is removed, and Secs. 50-201.102 through 50-
201.106 are redesignated as Secs. 50-201.101 through 50-201.105,
respectively.
Sec. 50-201.604 [Removed]
9. Section 50-201.604 is removed.
PART 50-206--THE WALSH-HALEY PUBLIC CONTRACTS ACT INTERPRETATIONS
Secs. 50-206.1 and 50-206.2 [Redesignated at 50-201.1 and 50-201.2]
Secs. 50-206.3 and 50-206.50 through 50-206.56 [Removed]
10. In part 50-206, Secs. 50-206.1 and 50-206.2 are redesignated as
Secs. 59-201.1 and 50-201.2 in part 50-201, respectively, and the
remainder of part 50-206 is removed.
[FR Doc. 96-19792 Filed 8-2-96; 8:45 am]
BILLING CODE 4510-27-M
Complete official Federal Register PDF
FR Doc. 96-19785 Designation of Areas for Air Quality Planning Purposes; Michigan
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40516-40519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19785]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[MI45-01-7240a; FRL-5545-2]
Designation of Areas for Air Quality Planning Purposes; Michigan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In this action the Environmental Protection Agency (EPA) is
approving the State Implementation Plan (SIP) submitted by the State of
Michigan through the Michigan Department of Environmental Quality
(MDEQ) on July 24, 1995 for the purpose of redesignating the portion of
Wayne County currently designated as nonattainment to attainment status
for the particulate matter National Ambient Air Quality Standard
(NAAQS).
DATES: This ``direct final'' is effective on October 4, 1996, unless
EPA receives adverse or critical comments by September 4, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies
of this SIP revision and EPA's analysis are available for inspection
during normal business hours at the above address. (Please telephone
Christos Panos at (312) 353-8328, before visiting the Region 5 office.)
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, (312) 353-8328.
SUPPLEMENTARY INFORMATION:
I. Background
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with a new indicator that includes only those
particles with an aerodynamic diameter less than or equal to a nominal
10 micrometers (PM). (See 40 CFR Sec. 50.6). The 24-hour primary PM
standard is 150 micrograms per cubic meter (g/m\3\), with no
more than one expected exceedance per year. The annual primary PM
standard is 50
g/m\3\ expected annual arithmetic mean. The secondary PM
standards are identical to the primary standards.
On August 7, 1987 (52 FR 29383), EPA identified the entire Wayne
County, Michigan area as a PM ``Group I'' area of concern, i.e., an
area with a strong likelihood of violating the PM NAAQS and requiring a
substantial SIP revision. This Group I area was reduced in size on
October 31, 1990 (55 FR 45799). The reduced area was subsequently
designated as a moderate PM nonattainment area upon enactment of the
Clean Air Act Amendments of 1990. 56 FR 56694 at 56705-706, 56714
(November 6, 1991).
II. Evaluation Criteria
Section 107(d)(3)(D) of the amended Clean Air Act (Act) allows the
Governor
[[Page 40517]]
of a State to request the redesignation of an area from nonattainment
to attainment. The criteria used to review redesignation requests are
derived from the Act, the general preamble to Title I of the Clean Air
Act Amendments of 1990 (57 FR 13498), and a September 4, 1992 policy
and guidance memorandum from John Calcagni entitled Procedures for
Processing Requests to Redesignate Areas to Attainment. An area can be
redesignated to attainment if the following conditions are met:
1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k) of the
Act;
3. The air quality improvement must be permanent and enforceable;
4. The area has met all relevant requirements under section 110 and
Part D of the Act;
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the Act.
III. Review of State Submittal
Under a cover letter dated July 24, 1995 the State submitted a
redesignation request for the Wayne County PM nonattainment area. A
public hearing was held on March 2, 1995. The State did not receive any
adverse comments during the public hearing or the 30-day comment
period. The request was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria set out at 40 CFR Part 51, Appendix V. The submittal was found
to be complete and a letter dated October 5, 1995 was forwarded to the
Director, Michigan Department of Environmental Quality (MDEQ),
indicating the completeness of the submittal and the next steps to be
taken in the review process. The following is a brief description of
how the State's redesignation request meets the requirements of Section
107(d)(3)(E). A more detailed discussion is found within EPA's May 1,
1996 Technical Support Document (TSD), which is available at the
Regional Office listed above.
1. Attainment of the PM NAAQS
A state must demonstrate that an area has attained the PM NAAQS
through submittal of ambient air quality data from an ambient air
monitoring network representing peak PM concentrations. The data, which
must be quality assured and recorded in the Aerometric Information
Retrieval System (AIRS), must show that the average annual number of
expected exceedances for the area is less than or equal to 1.0,
pursuant to 40 CFR 50.6. The data must represent the three consecutive
years of complete ambient air quality monitoring data collected in
accordance with EPA methodologies.
The Wayne County Air Quality Management Division operates three PM
monitoring sites in the nonattainment area. National Chemical Services,
a private company, also operates a site. The MDEQ submitted ambient air
quality data and supporting documentation from each monitoring site for
the 1985-1993 period demonstrating that the area has attained the PM
NAAQS. This air quality data was quality assured and placed in AIRS.
One exceedance of the 24-hour PM NAAQS was recorded in 1986, two in
1988, two in 1989, and one in 1992. No exceedances were recorded in
1987, 1990, 1991, and 1993. Although there was one exceedance in 1992,
the number of expected exceedances for the 1991-1993 three-year period
is one or less, and therefore, would not be considered a monitored
violation of the PM NAAQS. Therefore, the State has adequately
demonstrated, through ambient air quality data, that the PM NAAQS has
been attained in Wayne County, with 1993 as the attainment year.
Further, recent data shows that the area is continuing to attain the PM
NAAQS.
2. State Implementation Plan Approval
Those States containing initial moderate PM nonattainment areas
were required to submit by November 15, 1991 a SIP which implemented
reasonably available control measures (RACM) by December 10, 1993 and
demonstrated attainment of the PM NAAQS by December 31, 1994. The SIP
for the area must be fully approved under section 110(k) of the Act,
and must satisfy all requirements that apply to the area. On January
17, 1995 (60 FR 3346), EPA approved the Wayne County PM nonattainment
area SIP originally submitted by the State on June 11, 1993 and revised
on October 14, 1994.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
The State must be able to reasonably attribute the improvement in
air quality to permanent and enforceable emission reductions. In making
this showing, the State must demonstrate that air quality improvements
are the result of actual, enforceable emission reductions.
The State provided a detailed discussion of the development of PM
emission reductions during the attainment demonstration period of 1986-
1993. The PM dispersion modeling conducted as part of the Wayne County
PM SIP predicted that the control measures included in the SIP were
sufficient to provide for attainment and maintenance of the PM NAAQS.
The State has adequately demonstrated that the improvement in air
quality is due to permanent and enforceable emission reductions of
2042.91 tons of PM as a result of implementing the federally
enforceable control measures in the SIP.
4. Meeting Applicable Requirements of Section 110 and Part D of the Act
To be redesignated to attainment, section 107(d)(3)(E) requires
that an area must have met all applicable requirements of section 110
and of part D of the Act. The EPA interprets this to mean that for a
redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to or at the time
of a complete redesignation request.
A. Section 110 Requirements
Section 110(a)(2) contains general requirements for nonattainment
plans. For purposes of redesignation, the Michigan SIP was reviewed to
ensure that all applicable requirements under the amended Act were
satisfied. Title 40 CFR Part 52, subpart X, further evidences that the
Michigan SIP was approved under section 110 of the Act and found that
the SIP satisfied all Part D requirements.
B. Part D Requirements
Before a PM nonattainment area may be redesignated to attainment,
the State must have fulfilled the applicable requirements of Part D.
Subpart 1 of Part D establishes the general requirements applicable to
all nonattainment areas and subpart 4 of Part D establishes specific
requirements applicable to PM nonattainment areas.
The requirements of sections 172(c) and 189(a) regarding attainment
of the PM NAAQS, and the requirements of section 172(c) regarding
reasonable further progress, imposition of RACM, the adoption of
contingency measures, and the submission of an emission inventory have
been satisfied through the 1995 approval of the Wayne County PM SIP (60
FR 3346), the 1996 approval of the Wayne County PM contingency measures
SIP (61 FR 8009), and the demonstration that the area is now attaining
the standard. The requirements of the Part D--New Source Review (NSR)
permit program will be replaced by the Part C--Prevention of
Significant Deterioration (PSD) program once the area has been
redesignated. Because the PSD program was delegated to the State of
Michigan on September 10, 1979, and amended on November 7,
[[Page 40518]]
1983 and September 26, 1988, it will become fully effective immediately
upon redesignation.
5. Fully Approved Maintenance Plan Under Section 175A of the Act
Section 175(A) of the Act requires states that submit a
redesignation request for a nonattainment area under section 107(d) to
include a maintenance plan to ensure that the attainment of NAAQS for
any pollutant is maintained. The plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
approval of a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating attainment for the ten years following the initial ten
year period.
The State of Michigan has adequately demonstrated attainment and
maintenance of the PM NAAQS through the dispersion modeling submitted
as part of the Wayne County PM attainment demonstration SIP. Although
the modeling only projected PM emissions to the year 2005, protection
of the NAAQS is assured beyond that because the State SIP includes
permanent allowable PM emission limitations. Actual PM emissions are
also generally less than the allowable PM emissions considered in the
modeling. The maintenance plan for the Wayne County area also contains
a commitment from the State to revise and submit a new maintenance plan
within eight years of approval of this redesignation.
Once an area has been redesignated, the State must continue to
operate an appropriate air quality monitoring network, in accordance
with 40 CFR Part 58, to verify the attainment status of the area. The
maintenance plan should contain provisions for continued operation of
air quality monitors that will provide such verification. In its
submittal, the State commits to continue to operate and maintain the
network of PM monitoring stations to demonstrate ongoing compliance
with the PM NAAQS.
Section 175A of the Act also requires that a maintenance plan
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after redesignation of the area.
These contingency measures are distinguished from those generally
required for nonattainment areas under section 172(c)(9). However, if
an area has been able to attain the NAAQS without implementation of the
Part D nonattainment SIP contingency measures, and the contingency plan
includes a requirement that the State will implement all of the PM
control measures which were contained in the SIP before redesignation
to attainment, then the State can carry over into the area's
maintenance plan the Part D SIP measures not previously implemented.
Under a cover later dated July 13, 1995, MDEQ submitted State
Administrative Rule 336.1374 to satisfy the contingency measures
requirements specified in both section 172(c)(9) and section 175(A) for
the Wayne County PM nonattainment area. On March 1, 1996, EPA approved
the rule into the Michigan SIP in a direct final rulemaking (61 FR
8009), which became effective on April 30, 1996. The State may use this
rule as the maintenance plan contingency measures, because the State
was able to attain the PM NAAQS with the limitations and control
measures already contained in the SIP prior to promulgation of Rule
336.1374.
IV. Final Action
In this action, EPA is approving the State of Michigan's request to
redesignate the Wayne County PM nonattainment area to attainment.
V. Miscellaneous
A. Comment and Approval Procedure
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. However, EPA is publishing a separate document in
this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
October 4, 1996, unless EPA receives adverse or critical comments by
September 4, 1996.
If EPA receives comments adverse to or critical of the approval
discussed above, EPA will withdraw this approval before its effective
date by publishing a subsequent document which withdraws this final
action. All public comments received will then be addressed in a
subsequent final rulemaking action.
The EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, EPA hereby advises the
public that this action will be effective on October 4, 1996.
B. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for a revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by October 4, 1996. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. [See section 307(b)(2) of the Act, 42
U.S.C. 7607(b)(2)].
D. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
E. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities (5 U.S.C. Secs. 603 and
604). Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to attainment under section 107(d)(3)(e)
of the Act does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources.
Therefore, I certify that this action does not have a significant
impact on any small entities affected. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of the
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of the
[[Page 40519]]
State action. The Act forbids EPA to base its actions concerning SIPs
on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66
(1976).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
G. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in this Federal Register. This
rule is not a ``major rule'' as defined by section 804(2) of the APA as
amended.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 16, 1996.
David A. Ullrich,
Acting Regional Administrator.
For the reasons set forth in the preamble 40 CFR parts 52 and 81
are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart X--Michigan
2. Section 52.1173 is amended by adding a new paragraph (f) to read
as follows:
Sec. 52.1173 Control strategy: particulates.
* * * * *
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies
all of the requirements of the Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.323, the table entitled ``Michigan PM-10'' is revised
to read as follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area -------------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Wayne County--The area bounded October 4, 1996......... Attainment ............
by Michigan Avenue from its
intersection with I-75 west to
I-94, I-94 southwest to
Greenfield Road, Greenfield
Road south to Schaefer Road,
Schaefer Road south and east to
Jefferson Avenue, Jefferson
Avenue south (Biddle Avenue
through the city of Wyandotte)
to Sibley Avenue, Sibley Avenue
west to Fort Street, Fort
Street south to King Road, King
Road east to Jefferson Avenue,
Jefferson Avenue south to Helen
Road, Helen Road east extended
to Trenton Channel, Trenton
Channel north to the Detroit
River, the Detroit River north
to the Ambassador Bridge,
Ambassador Bridge to I-75, I-75
to Michigan Avenue.
Rest of State................... 11/15/90................ Unclassifiable ............
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 96-19785 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-19781 Information Form and Post-Effective Reporting Requirements for Agreements Among Ocean Common Carriers Subject to the Shipping Act of 1984
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40530-40531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19781]
=======================================================================
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FEDERAL MARITIME COMMISSION
46 CFR Part 572
[Docket No. 94-31]
Information Form and Post-Effective Reporting Requirements for
Agreements Among Ocean Common Carriers Subject to the Shipping Act of
1984
AGENCY: Federal Maritime Commission.
ACTION: Amendments to final rule.
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SUMMARY: The Federal Maritime Commission is amending the final rule in
this proceeding so that monitoring reports will be due within 75 days
of the end of each calendar quarter, rather than 30 days as presently
required. The intent of this amendment is to allow carriers subject to
monitoring report obligations adequate time to gather, organize and
submit all required data. In addition, the Commission is amending the
final rule to provide that annual classification of agreements for
monitoring purposes will be done on the basis of second-quarter market
share, rather than third-quarter market-share as presently required.
The purpose of this amendment is to ensure adequate time for the
submission and review of such data before the end of each calendar
year.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Austin L. Schmitt, Director, Bureau of
Economics and Agreement Analysis, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001, (202) 523-5787.
SUPPLEMENTARY INFORMATION: In Docket No. 94-31, Information Form and
Post-Effective Reporting Requirements for Agreements Among Ocean Common
Carriers Subject to the Shipping Act of 1984, the Federal Maritime
Commission amended its regulations set forth in 46 CFR part 572
governing the filing, processing and review of agreements subject to
the Shipping Act of 1984. 61 FR 11564 (Mar. 21, 1996). 46 CFR
572.701(f) provides in part that Monitoring Reports shall be filed
within 30 days of the end of each calendar quarter. Id. at 11,576. Upon
further consideration, the Commission has determined that ocean common
carriers subject to Monitoring Report obligations need additional time
to gather, organize and submit all required data. Accordingly, 46 CFR
572.701(f) is amended to provide that Monitoring Reports shall be filed
within 75 days of the end of each calendar quarter.
In addition, 46 CFR 572.702(b) provides in part that the
Commission's Bureau of Economics and Agreement Analysis shall determine
the monitoring obligations for certain kinds of agreements for each
upcoming calendar year, based on the market share data reported on the
agreements' Monitoring Reports for the previous third quarter (July-
September). 61 FR at 11,577. Upon further consideration, the Commission
has determined that third-quarter data would not be available to
agreement carriers in time to allow for the orderly submission and
review of such data before the end of each calendar year. Accordingly,
monitoring classifications will be done on the basis of market share
data for the previous second quarter (April-June).
Notice and opportunity for public comment were not necessary prior
to issuance of these amendments because they liberalize existing
requirements and are less burdensome on the public. For the same
reasons, the amendments are effective upon publication in the Federal
Register, rather than being delayed for 30 days. 5 U.S.C. 553.
List of Subjects in 46 CFR Part 572
Administrative practice and procedure; Maritime carriers; Reporting
and recordkeeping requirements.
Therefore, pursuant to 5 U.S.C. 553 and sections 4, 5, 6, 10, 15
and 17 of the Shipping Act of 1984, 46 U.S.C. app. 1703, 1704, 1705,
1709, 1714 and 1716, Part 572 of Title 46, Code of Federal Regulations,
is amended as follows:
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
1. The authority citation for Part 572 continues to read as
follows:
Authority: 5 U.S.C. 553, 46 U.S.C. app. 1701-1707, 1709-1710,
1712 and 1714-1717.
2. In Sec. 572.701, the first sentence of paragraph (f) is revised
as follows:
Sec. 572.701 General requirements.
* * * * *
(f) Time for filing. Monitoring Reports shall be filed within 75
days of the end of each calendar quarter. * * *
* * * * *
3. In Sec. 572.702, the second sentence of paragraph (b) is revised
as follows:
[[Page 40531]]
Sec. 572.702 Agreements subject to Monitoring Report requirements.
* * * * *
(b) * * * Thereafter, before the beginning of each calendar year,
the Bureau of Economics and Agreement Analysis shall determine whether
the agreement should be classified as ``Class A'' or ``Class B'' for
that year, based on the market share data reported on the agreement's
quarterly Monitoring Report for the previous second quarter (April-
June).
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-19781 Filed 8-2-96; 8:45 am]
BILLING CODE 6730-01-M
Complete official Federal Register PDF
FR Doc. 96-19779 Requirements for Audits of Institutions of Higher Education and Other Non-Profit Institutions; Clarification of Policy
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Page 40525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19779]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 12
Requirements for Audits of Institutions of Higher Education and
Other Non-Profit Institutions; Clarification of Policy
AGENCY: Office of the Secretary, Interior.
ACTION: Clarification of applicability of policy.
-----------------------------------------------------------------------
SUMMARY: This document provides clarification of Departmental policy
concerning the applicability of the final version of the Office of
Management and Budget (OMB) Circular A-133, ``Audits of Institutions of
Higher Education and Other Non-Profit Institutions,'' published on
April 30, 1996 (61 FR 19134-19150). It is the intent of the Department
that this revised version of OMB Circular A-133 apply to awards made by
the Department and its bureaus and offices as applicable.
EFFECTIVE DATE: The clarification of the applicability of the policy is
effective August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Debra E. Sonderman, (Director,
Procurement and Property Management Systems), (202) 208-3336.
SUPPLEMENTARY INFORMATION: The Office of Management and Budget
published a revised version of Circular A-133 on April 30, 1996 (61 FR
19134-19150). Paragraph 6, Required Action, of the final revision of
the Circular requires that agencies making awards to non-profit
organizations, either directly or indirectly, shall adopt the language
in the Circular in codified regulations not later than November 30,
1996, unless different provisions are required by Federal statute or
are approved by OMB. The Department already has published permanent
regulations incorporating the Circular. See 43 CFR 12.2(b)(2) and 43
CFR 12.2(b)(3). 43 CFR 12.2(c) also makes any changes to the Circular
published in the Federal Register a part of the regulation.
The Department adopted the Common Rule on ``Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments'' at 43 CFR Part 12, Subpart C. In addition, promulgation
of the regulation, ``Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and other
Non-Profit Organizations,'' in subpart F, implements OMB Circular A-
110.
43 CFR 12.66(b)(1) requires that State or local governments
determine whether subgrantees covered by OMB Circular A-110, ``Uniform
Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and other Non-Profit Organizations,''
have met audit requirements. 43 CFR 12.926 refers to the applicability
of OMB Circular A-133. Neither regulation identifies the specific
version of the Circular to which it is referring. Nevertheless, because
the Department's regulatory language at 43 CFR 12.2(c) indicates that
any changes published in the Federal Register apply, the Department
interprets our regulation to mean that the April 30, 1996, publication
of the revised OMB Circular A-133 applies, according to the conditions
stated in the Circular.
Therefore, the Department is clarifying that the April 30, 1996,
version of the Circular is adopted without further promulgation of
regulations. Until OMB issues another version, any reference to OMB
Circular A-133 after the effective date for the Circular means the
April 30, 1996, version.
Dated: July 23, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 96-19779 Filed 8-2-96; 8:45 am]
BILLING CODE 4310-RF-M
Complete official Federal Register PDF
FR Doc. 96-19749 Special Local Regulations; City of Palm Beach, FL
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40513-40515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19749]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-96-045]
RIN 2115-AE46
Special Local Regulations; City of Palm Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Temporary special local regulations are being established for
the Palm Beach Offshore Grand Prix. The event will be held on August
10-11, 1996, from 9 a.m. to 4 p.m. EDT (Eastern Daylight Time). The
race will take place in the Atlantic Ocean from Singer Island out to
two and a half nautical miles offshore. During the event, race boats
will be competing at high speeds with numerous spectator craft in the
area, creating an extra or unusual hazard in the navigable waterways.
Therefore, these regulations are needed to provide for the safety of
life on navigable waters during the event.
[[Page 40514]]
EFFECTIVE DATES: This section is effective on August 10-11, 1996, from
9 a.m. to 4 p.m. EDT.
FOR FURTHER INFORMATION CONTACT:
QM2 S.E. Fowler, project officer, U.S. Coast Guard Group Miami, Florida
at (305) 535-4448.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking has not been published for these regulations and
good cause exists for making them effective less than 30 days after
publication. Following normal rulemaking procedures would have been
impracticable, as there was not sufficient time remaining after the
date of the event was finalized to publish proposed rules in advance of
the event or to provide for a delayed effective date.
Discussion of Regulations
Temporary special local regulations are being established for the
Palm Beach Offshore Grand Prix. The event will be held on August 10-11,
1996, from 9 a.m. to 4 p.m. EDT. The Palm Beach Offshore Grand Prix
Festival Inc. is sponsoring a high speed power boat race with
approximately sixty race boats, ranging in length from 24 to 50 feet,
participating in the event. The race will take place in the Atlantic
Ocean from Singer Island out to two and a half nautical miles offshore.
Several hundred spectator craft are anticipated in the area to watch
the racing events. Due to the numerous spectator craft and race boats,
these regulations are necessary to provide for the safety of life on
the navigable waterways.
The first regulated area is established within the following
points:
(a) 26-49.39N, 080-02.22W
(b) 26-49.39N, 080-00.92W
(c) 26-47.41N, 080-01.21W
(d) 26-46.80N, 080-01.35W
(e) 26-46.80N, 080-01.90W
All coordinates referenced use datum: NAD 1983. This area is effective
from 9 a.m. to 4 p.m. EDT, on August 10, 1996.
A second regulated area is establish within the following points:
(a) 26-49.39N, 080-02.22W
(b) 26-49.39N, 079-59.32W
(c) 26-49.05N, 079-59.32W
(d) 26-47.38N, 080-01.23W
(e) 26-46.80N, 080-01.35W
(f) 26-46.80N, 080-01.90W
All coordinates referenced use datum: NAD 1983. This second regulated
area is effective from 9 a.m. to 4 p.m. EDT, on August 11, 1996.
Entry into these regulated areas by other than event participants
is prohibited unless otherwise authorized by the Patrol Commander. The
Patrol Commander is a commissioned, warrant, or petty officer of the
United States Coast Guard who has been designated by the Commander,
Coast Guard Group Miami, Florida. At the completion of scheduled races
and departure of participants from the regulated area, traffic may
resume normal operations. At the discretion of the Patrol Commander,
between scheduled racing events, traffic may be permitted to resume
normal operations. A succession of not fewer than 5 short whistle or
horn blasts from a patrol vessel will be the signal for any and all
vessels to take immediate steps to avoid collision. The display of an
orange distress smoke signal from a patrol vessel will be the signal
for any and all vessels to stop immediately.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. Entry into the regulated areas is
prohibited for only 7 hours on each day of the event.
Since the impact of this rule is expected to be minimal, the Coast
Guard certifies that it will not have a significant economic impact on
a substantial number of small entities.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This rule has been analyzed in accordance with the principles and
criteria contained in Executive order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action consistent with Section 2.B.2 of Commandant Instruction
M16475.1B. In accordance with that section, this action has been
environmentally assessed (EA completed), and the Coast Guard has
determined that it will not significantly affect the quality of the
human environment. An environmental assessment and finding of no
significant impact have been prepared and are available for inspection
and copying from QM2 S. Fowler, Coast Guard Group Miami, Florida, (305)
535-4448. As a condition to the permit, the applicant is required to
educate the operators of participant craft and spectator craft
regarding the possible presence of manatees/sea turtles and the
appropriate precautions to take if the animals are sighted.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulations: In consideration of the foregoing, the Coast Guard
amends 33 CFR Part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 and 49 CFR 1.46.
2. A temporary Sec. 100.35T96-045 is added to read as follows:
Sec. 100.35T96-045 Palm Beach Offshore Grand Prix; Palm Beach, FL.
(a) Regulated Areas--(1) Regulated Area 1: The regulated area
corner points are established as follows:
(i) 26-49.39N, 080-02.22W
(ii) 26-49.39N, 080-00.92W
(iii) 26-47.41N, 080-01.21W
(iv) 26-46.80N, 080-01.35W
(v) 26-46.80N, 080-01.90W
All coordinates referenced use datum: NAD 1983.
(2) Regulated Area 2: The regulated area corner points established
as follows:
(i) 26-49.39N, 080-02.22W
(ii) 26-49.39N, 079-59.32W
(iii) 26-49.05N, 079-59.32W
(iv) 26-47.38N, 080-01.23W
(v) 26-46.80N, 080-01.35W
(vi) 26-46.80N, 080-01.90W
All coordinates referenced use datum: NAD 1983.
(b) Definitions--(1) Patrol Commander. Patrol Commander is a
commissioned, warrant, or petty officer of the United States Coast
Guard who has been designated by the commander, Coast Guard Group
Miami, Florida.
(c) Effective dates--(1) Regulated Area 1. This regulated area is
effective from 9 a.m. to 4 p.m. EDT, on August 10, 1996.
(2) Regulated Area 2. This regulated area is effective from 9 a.m.
to 4 p.m. EDT, on August 11, 1996.
[[Page 40515]]
(d) Special local regulations--(1) Entry into the regulated areas
by other than event participants is prohibited unless otherwise
authorized by the Patrol Commander. At the completion of scheduled
races and departure of participants from the regulated area, traffic
may resume normal operations. At the discretion of the Patrol
Commander, between scheduled racing events, traffic may be permitted to
resume normal operations.
(2) A succession of not fewer than 5 short whistle or horn blasts
from a patrol vessel will be the signal for any and all vessels to take
immediate steps to avoid collision. The display of an orange distress
smoke signal from a patrol vessel will be the signal for any and all
vessels to stop immediately.
Dated: July 11, 1996.
John W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-19749 Filed 8-2-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-19748 Drawbridge Operation Regulations; Saginaw River, MI
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Page 40515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19748]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD09-96-003]
RIN 2115-AE47
Drawbridge Operation Regulations; Saginaw River, MI
AGENCY: Coast Guard, DOT.
ACTION: Notice; Direct final rule confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: On May 14, 1996, the Coast Guard published, in the Federal
Register, a direct final rule, 61 FR 24235, CGD09-96-003. This direct
final rule notified the public of the Coast Guard's intent to place the
CSX Railroad bridge, mile 18.0 over the Saginaw River in Saginaw, MI,
in a fixed status. The bridge will be locked in the closed position.
The Coast Guard has not received any adverse comments or any notice of
an intent to submit adverse comments objecting to this rule as written.
Therefore, this rule will go into effect as scheduled.
EFFECTIVE DATE: The effective date of the direct final rule is
confirmed as August 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Scot M. Striffler, Project Manager, Ninth Coast Guard District
Bridge Branch, at (216) 522-3993.
Dated: July 17, 1996.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 96-19748 Filed 8-2-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-19747 Regulated Navigation Area: Boston Harbor, Spectacle Island, Boston, MA
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40515-40516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19747]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD1-96-068]
RIN 2115-AE84
Regulated Navigation Area: Boston Harbor, Spectacle Island,
Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary Regulated
Navigation Area (RNA) in the waters surrounding the west side of
Spectacle Island, Boston Harbor, Boston, MA. Dredging operations are
being conducted to ensure adequate depth is maintained for vessels
operating in the area. This RNA will protect the sediment curtain from
damage by passing vessels and increase safety of the workers by
requiring all vessels in the regulated area to operate at a no-wake
speed.
EFFECTIVE DATES; This temporary final rule is effective July 16, 1996,
until August 16, 1996, Monday through Saturday, 24 hours per day.
FOR FURTHER INFORMATION CONTACT: LTJG John Buckley, Vessel and Waterway
Management Division, Coast Guard Captain of the Port Boston, 455
Commercial Street, Boston, MA 02109-1045, (617) 223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. The date the Massachusetts
Highway Department provided notice of delays in the project left
insufficient time to publish a NPRM or extend the previous RNA which
expired on July 1, 1996. It is in the public interest to have the west
side of Spectacle Island dredged and to have a no-wake zone established
during operations. The actual water depth to the west of Spectacle
Island is considerably less than the charted depth, making vessel
movements in the area dangerous. Immediate action is needed to regulate
vessel traffic in the vicinity of Spectacle Island to avoid groundings
and enable dredging operations to continue. Comments were requested in
the previous RNA and none were received.
Background and Purpose
Massachusetts Highway Department is conducting dredging operations
in the waters off the west side of Spectacle Island. Spectacle Island
is the deposit site for excavated material from the Central Artery/
Tunnel project. As a result of this deposition and subsequent erosion
and runoff, sediment has built up in the waters west of Spectacle
Island. Due to sedimentation, the act water depth is considerably less
than the charted depth, making vessel movements in the area dangerous.
Spectacle Island receives regular tugboat and barge traffic in
conjunction with the Central Artery Tunnel project. The dredging
operation will remove the sediment in order to increase water depth for
vessels operating in the area. A sediment curtain is required to be in
place during the dredging operation to minimize damage to the
environment. In order to minimizes damage to the environment and
provide for the safety of personnel and vessels involved in the
dredging operation, the Coast Guard deemed an RNA necessary.
The Coast Guard published a Regulated Navigation Area (CGD1-96-042)
(which regulated vessel traffic from June 10, 1996, until July 1, 1996.
The Massachusetts Highway Department informed the Coast Guard on or
about June 29, 1996, that they had encountered two large concrete
containers in the vicinity of the dredging operations and,
consequently, would fail to meet their estimated project completion
deadline. The Department requested an extension of the RNA. With such
short notice it was not possible to extend the original RNA. A second
Regulated Navigation Area is needed to protect the sediment curtain and
ensure the safety of the workers.
Discussion of the Rule
The RNA includes all waters of Boston Harbor bounded by the western
shore of Spectacle Island and the following coordinates:
42 deg.19'35''N, 070 deg.59'28''W; 42 deg.19'30''N, 070 deg.59'37''W;
42 deg.19'09''N, 070 deg.59'22''W; 42 deg.19'11''N, 070 deg.59'16''W.
(NAD 1983) The boundaries are identical to those in the previous RNA
for Boston Harbor, Spectacle Island.a
Several work boats and barges involved in the dredging will be
operating within the RNA. Vessels transiting the RNA will be required
to operate at a no-wake speed to minimize damage to the sediment
curtain and protect workers aboard the work boats and barges. The
dredging operation is scheduled to continue until August 16, 1996.
Operations will be conducted 24 hours per day, Monday through Saturday.
[[Page 40516]]
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 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 Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
section to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
The waters surrounding the west side of Spectacle Island are used
by commuter vessels, commercial fishing vessels, commercial lobster
vessels and recreational vessels. Due to the minimal time delay caused
by the requirement to proceed at a no-wake speed, this regulation is
not expected to have a significant impact on these vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the above Regulatory Evaluation, this rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2(e)(34)(g) of Commandant
Instruction M16475.1B, (as amended by 59 FR 38654, July 29, 1994), this
rule is a Regulated Navigation Area and is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and an Environmental Analysis Checklist are included in
the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46
2. A temporary Sec. 165.T01-068 is added to read as follows:
Sec. 165.T01-068 Regulated Navigation Area; Spectacle Island, Boston
Harbor, Boston, MA.
(a) Location. The following area is a Regulated Navigation Area:
All waters of Boston Harbor bounded by the western shore of Spectacle
Island and the following coordinates: 42 deg.19'35''N,
070 deg.59'28''W; 42 deg.19'30''N, 070 deg.59'37''W; 42 deg.19'09''N,
070 deg.59'22''W; 42 deg.19'11''N, 070 deg.59'16''W. (NAD 1983)
(b) Effective date. This section is effective Monday through
Saturday, 24 hours per day, July 16, 1996 to August 16, 1996.
(c) Regulations. All vessels shall operate at no-wake speed.
Dated: July 16, 1996.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-19747 Filed 8-2-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-19742 Supplemental Standards of Ethical Conduct for Employees of the National Archives and Records Administration
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40505-40506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19742]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 151 / Monday, August 5, 1996 / Rules
and Regulations
[[Page 40505]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
5 CFR Chapter LXVI
RIN 3095-AA60, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
National Archives and Records Administration
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Archives and Records Administration, with the
concurrence of the Office of Government Ethics (OGE), is issuing
regulations for NARA employees that supplement the Standards of Ethical
Conduct for Employees of the Executive Branch, as issued by OGE, with a
requirement to obtain prior approval for outside employment.
EFFECTIVE DATE: These regulations are effective August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Christopher Runkel or Amy Krupsky at
NARA, telephone 202-501-5535.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published new Standards of Ethical Conduct
for Employees of the Executive Branch (standards). See 57 FR 35006-
35067, as corrected at 57 FR 48557, 57 FR 52583, and 60 FR 51667, with
additional grace period extensions at 59 FR 4779-4780, 60 FR 6390-6391,
and 60 FR 66857-66858. Codified at 5 CFR part 2635, the new standards
became effective on February 3, 1993.
With the concurrence of OGE, 5 CFR 2635.105 authorizes agencies to
publish agency-specific supplemental regulations that are necessary to
implement their respective ethics programs. NARA, with OGE's
concurrence, has determined that the following supplemental rules being
codified in a new chapter LXVI, part 7601 of 5 CFR are necessary to the
success of its ethics program.
II. Analysis of the Regulations
Section 7601.101 General
Section 7601.101 explains that these regulations apply to all NARA
employees and supplement the executive branch-wide standards of ethical
conduct.
Section 7601.102 Prior Approval of Outside Employment
The standards, at 5 CFR 2635.803, specifically recognize that an
agency may find it necessary or desirable to issue a supplemental
regulation requiring its employees to obtain approval before engaging
in outside employment or activities. NARA standards of conduct have
long required employees to obtain written permission prior to engaging
in outside employment. NARA has found this requirement useful in
ensuring that the outside employment activities of employees conform
with all applicable laws and regulations. In accordance with 5 CFR
2635.803, NARA has determined that it is necessary to the
administration of its ethics program to continue to require such prior
approval. This final rule, for codification at 5 CFR 7601.102, will
require employees of NARA, other than special Government employees, who
desire to engage in outside employment to obtain prior approval of such
employment. The rule directs employees to the NARA Administrative
Procedures Manual, ADMIN. 201, for information about the procedures to
be followed in seeking approval of outside employment.
III. Matters of Regulatory Procedure
Administrative Procedure Act
NARA has found that good cause exists under 5 U.S.C. 553(b) and
(d)(3) for waiving as unnecessary, the general notice of proposed
rulemaking and the 30-day delay in effectiveness as to these rules. The
supplemental regulations are essentially a restatement of rules
previously contained in the NARA standards of conduct contained in the
NARA Administrative Procedures Manual, and NARA believes that it is
important to a smooth transition from NARA's standards of conduct to
the executive branch standards that these rules become effective as
soon as possible. In addition, NARA believes that this rule is exempt
as a procedural rule under 5 U.S.C. 553(b)(3)(A) of the Administrative
Procedures Act.
Regulatory Flexibility Act
NARA has determined under the Regulatory Flexibility Act (5 U.S.C.
chapter 6) that these regulations will not have a significant impact on
small business entities because they affect only NARA employees.
Paperwork Reduction Act
NARA has determined that the Paperwork Reduction Act (44 U.S.C.
chapter 35) does not apply because these regulations do not contain any
information collection requirements that require the approval of the
Office of Management and Budget.
Executive Order 12866
This regulation is not a significant regulatory action under E.O.
12866, and is not required to be submitted to the Office of Management
and Budget for review.
List of Subjects in 5 CFR Part 7601
Conflict of interests, Government employees.
Dated: July 22, 1996.
John W. Carlin,
Archivist of the United States.
Approved: July 26, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the National Archives
and Records Administration, with the concurrence of the Office of
Government Ethics, is amending title 5 of the Code of Federal
Regulations by adding a new chapter LXVI, consisting of part 7601 to
read as follows:
CHAPTER LXVI--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
PART 7601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec.
7601.101 General.
7601.102 Prior approval of outside employment.
Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government
Act of 1978); E.O.
[[Page 40506]]
12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by, E.O.
12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105,
2635.803.
Sec. 7601.101 General.
In accordance with 5 CFR 2635.105, the regulations in this part
apply to employees of the National Archives and Records Administration
(NARA) and supplement the Standards of Ethical Conduct for Employees of
the Executive Branch contained in 5 CFR part 2635. In addition to the
standards in 5 CFR part 2635 and this part, employees of NARA are
subject to the executive branch financial disclosure regulations
contained in 5 CFR part 2634.
Sec. 7601.102 Prior approval of outside employment.
(a) Prior approval requirement. An employee, other than a special
Government employee, must obtain written approval before engaging in
any outside employment, whether or not for compensation. Requests for
approval shall be submitted in accordance with procedures set forth in
the NARA Administrative Procedures Manual, ADMIN. 201, copies of which
can be obtained from the NARA designated agency ethics official.
(b) Standard of approval. Approval shall be granted only upon a
determination that the outside employment is not expected to involve
conduct prohibited by statute or Federal regulation, including 5 CFR
part 2635.
(c) Scope of approval. Approval will be for a period not to exceed
three years, after which renewed approval must be sought in accordance
with this section. Upon a significant change in the nature or scope of
the outside employment or in the employee's NARA position, the employee
shall submit a revised request for approval.
(d) Definition of employment. For purposes of this section,
employment means any form of non-Federal employment or business
relationship involving the provision of personal services by the
employee. It includes, but is not limited to, personal services as an
officer, director, employee, agent, attorney, consultant, contractor,
general partner, trustee, teacher, or speaker. It includes writing when
done under an arrangement with another person for production or
publication of the written product. It does not, however, include
participation in the activities of a nonprofit charitable, religious,
professional, social, fraternal, educational, recreational, public
service, or civic organization, unless the participation involves the
provision of professional services or advice for compensation other
than reimbursement for actual expenses.
[FR Doc. 96-19742 Filed 8-2-96; 8:45 am]
BILLING CODE 7515-01-P
Complete official Federal Register PDF
FR Doc. 96-19739 Federal Travel Regulation; Maximum Per Diem Rates
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40524-40525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19739]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Chapter 301
[FTR Amendment 49]
RIN 3090-AG07
Federal Travel Regulation; Maximum Per Diem Rates
AGENCY: Office of Policy, Planning and Evaluation, GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Federal Travel Regulation (FTR) to
change the maximum per diem rate prescribed in FTR Amendment 47 (61 FR
10252, March 12, 1996) for the Kansas City area (Johnson and Wyandotte
counties in the State of Kansas, and Clay, Jackson and Platte counties
in the State of Missouri).
The General Services Administration (GSA), after an analysis of
additional data has determined that the current lodging allowance for
the Kansas City area does not reflect the costs of lodging facilities
near Federal Government facilities. To provide adequate per diem
reimbursement for Federal employee travel to the Kansas City area, the
maximum lodging allowance is being changed to $76 and the meals and
incidental expenses (M&IE) rate remain at $34, resulting in a maximum
per diem rate of $110.
EFFECTIVE DATE: This final rule is effective August 5, 1996, and
applies for travel performed on or after August 5, 1996.
FOR FURTHER INFORMATION CONTACT:
Joddy Garner, General Services Administration, Travel and
Transportation Management Policy Division (MTT), Washington, DC 20405,
telephone 202-501-1538.
SUPPLEMENTARY INFORMATION: GSA has determined that this rule is not a
significant regulatory action for the purposes of Executive Order 12866
of September 30, 1993. This final rule is not required to be published
in the Federal Register for notice and comment. Therefore, the
Regulatory Flexibility Act does not apply.
List of Subjects in 41 CFR Part 301-7
Government employees, Travel and transportation expenses.
For the reasons set out in the preamble, under 5 U.S.C. 5701-5709,
41 CFR chapter 301 is amended as set forth below.
CHAPTER 301--TRAVEL ALLOWANCES
1. The authority citation for part 301-7 continues to read as
follows:
Authority: 5 U.S.C. 5701-5709; E.O. 11609, 36 FR 13747, 3 CFR,
1971-1975., p. 586.
Appendix A--Prescribed Maximum Per Diem Rates for CONUS
2. Appendix A to chapter 301 is amended by removing the ``Kansas
City'' entries under the States of Kansas and Missouri, and the
corresponding lodging and M&IE rates, and adding in their places the
following entries:
Appendix A to Chapter 301--Prescribed Maximum Per Diem Rates for CONUS
* * * *
* * *
Kansas City.................. Johnson and 76 34 110
Wyandotte (See also
Kansas City, MO).
* * * *
* * *
Kansas City.................. Clay, Jackson and 76 34 110
Platte (See also
Kansas City, KS).
* * * *
* * *
[[Page 40525]]
Dated: July 16, 1996.
David J. Barram,
Acting Administrator of General Services.
[FR Doc. 96-19739 Filed 8-2-96; 8:45 am]
BILLING CODE 6820-24-M
Complete official Federal Register PDF
FR Doc. 96-19708 National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List Update
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40523-40524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19708]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5546-2]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of deletion of the Bio-Ecology Systems Superfund Site
from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of the Bio-Ecology Site in Grand Prairie, Texas, from the
National Priorities List (NPL). The NPL is Appendix B of 40 CFR part
300 which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (CERCLA). EPA and the State of Texas
have determined that all appropriate Fund-financed responses under
CERCLA have been implemented and that no further cleanup by responsible
parties is appropriate. Moreover, EPA and the
[[Page 40524]]
State of Texas have determined that remedial actions conducted at the
Site to date have been protective of public health, welfare, and the
environment.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Ernest R. Franke, Remedial Project
Manager, US EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
(214) 665-8521.
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is the
Bio-Ecology Systems Site, Grand Prairie, Texas. A Notice of Intent to
Delete for this site was published in the Federal Register on May 6,
1996, (60 FR 422). The closing date for public comment was June 5,
1996. EPA received no comments during the comment period.
EPA identifies sites which appear to present a significant risk to
public health, welfare, or the environment and maintains the NPL as a
list of the most serious of those sites. Sites on the NPL may be the
subject of remedial response actions financed using the Hazardous
Substance Response Trust Fund (Fund). Any site deleted from the NPL
remains eligible for Fund-financed remedial actions in the unlikely
event that conditions at the site warrant such action. Section
300.425(e)(3) of the NCP, provides that in the event of a significant
release from a site deleted from the NPL, the site shall be restored to
the NPL without application of the Hazard Ranking System. Deletion of a
site from the NPL does not affect responsible party liability or impede
agency efforts to recover costs associated with response actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Hazardous waste.
Dated: July 23, 1996.
Jane N. Saginaw,
Regional Administrator, U.S. Environmental Protection Agency, Region 6.
For the reasons set out in the preamble, 40 CFR part 300, is
amended as follows:
PART 300--[AMENDED]
1. The authority citation for part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., 351; E.O. 12580; 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 1 of Appendix B to part 300 is amended by removing BIO-
ECOLOGY SYSTEMS Superfund Site, Grand Prairie, Texas.
[FR Doc. 96-19708 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-19703 Illinois: Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40520-40523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19703]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5544-9]
Illinois: Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Illinois has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). Illinois' revisions
consist of provisions contained in rules promulgated between July 1,
1991, and June 30, 1993, otherwise known as RCRA Clusters 2 and 3.
These requirements are listed in Section B of this notice. The
Environmental Protection Agency (EPA) has reviewed Illinois'
application and has made a decision, subject to public review and
comment, that Illinois' hazardous waste program revisions satisfy all
of the requirements necessary to qualify for final authorization. Thus,
EPA intends to approve Illinois' hazardous waste program revisions,
subject to authority retained by EPA under the Hazardous and Solid
Waste Amendments of 1984 (hereinafter HSWA). Illinois'
[[Page 40521]]
application for program revision is available for public review and
comment.
EFFECTIVE DATE: Final authorization for Illinois shall be effective
October 4, 1996 unless EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on Illinois'
program revision application must be received by the close of business
September 4, 1996.
ADDRESSES: Copies of Illinois' program revision application are
available for inspection and copying, from 9 a.m. to 4 p.m., at the
following addresses: Illinois Environmental Protection Agency, 2200
Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276,
contact: Todd Marvel (217) 524-5024; U.S. EPA, Region 5, DR-7J, 77 W.
Jackson Blvd., Chicago, Illinois 60604, contact: Gary Westefer (312)
886-7450. Written comments should be sent to Mr. Gary Westefer,
Illinois Regulatory Specialist, U.S. EPA, Office of RCRA, DR-7J, 77 W.
Jackson Blvd., Chicago, Illinois 60604, phone 312/886-7450.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, U.S. EPA Region 5,
77 West Jackson Boulevard, Chicago, Illinois 60604. Phone: 312/886-
7450.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the
Resource Conservation and Recovery Act (RCRA or the Act), 42 U.S.C.
6929(b), have a continuing obligation to maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal hazardous waste program. In addition, as an interim
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter HSWA) allows States to revise their
programs to become substantially equivalent instead of equivalent to
RCRA requirements promulgated under HSWA authority. States exercising
the latter option receive interim authorization for the HSWA
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
In accordance with 40 CFR 271.21, revisions to State hazardous
waste programs are necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, State program revisions are necessitated by changes to
EPA's regulations in 40 CFR parts 124, 260-266, 268, 270, 273 and 279.
B. Illinois
Illinois initially received final authorization for its program
effective January 31, 1986. (51 FR 3778, January 30, 1986). Illinois
received authorization for revisions to its program effective on March
5, 1988 (53 FR 126, January 5, 1988), April 30, 1990 (55 FR 7320, March
1, 1990), June 3, 1991 (56 FR 13595, April 3, 1991), August 15, 1994
(59 FR 30525, June 14, 1994), and May 14, 1996 (61 FR 10684, March 15,
1996). On March 15, 1996, Illinois submitted a program revision
application for additional program approvals. Today, Illinois is
seeking approval of its program revision in accordance with 40 CFR
271.21(b)(3).
EPA has reviewed Illinois' application, and has made an immediate
final decision that Illinois' hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Illinois. The public may submit
written comments on EPA's immediate final decision up until September
4, 1996. Copies of Illinois' application for program revision are
available for inspection and copying at the locations indicated in the
Addresses section of this notice.
Approval of Illinois' program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received, EPA will publish either: (1) A
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
On October 4, 1996, Illinois will be authorized to carry out, in
lieu of the Federal program, those provisions of the State's program
which are analogous to the following provisions of the Federal program:
------------------------------------------------------------------------
Federal requirement Analogous State authority
------------------------------------------------------------------------
Land Disposal Restrictions for Electric Rules 35 IAC 721.103; 721.104;
Arc Furnace Dust (K061) August 19, 728.141; 728 Table A,
1991, 56 FR 41164-41178 \1\. Effective November 6, 1992.
Burning of Hazardous Waste in Boilers Rules 35 IAC 726.200; 728.141;
and Industrial Furnaces-- 728.142, Effective November 6,
Administrative Stay for Coke Ovens, 1992.
September 5, 1991, 56 FR 43874-43877
\1\.
Amendments to Interim Status Standards Rules 35 IAC 720.110; 725.191,
for Downgradient Ground Water Effective November 6, 1992.
Monitoring Well Locations, December
23, 1991, 56 FR 66365-66369.
Liners and Leak Detection Systems for Rules 35 IAC 702.181; 703.203;
Hazardous Waste Disposal Systems, 703.204; 703.207; 703 Appendix
January 29, 1992, 57 FR 03462-03497 A; 720.110; 724.115; 724.119;
\1\. 724.173; 724.321; 724.322;
724.323; 724.326; 724.328;
724.351; 724.352; 724.353;
724.354; 724.401; 724.402;
724.403; 724.404; 724.410;
725.115; 725.119; 725.173;
725.321; 725.322; 725.323;
725.326; 725.328; 725.354;
725.355; 725.359; 725.360;
725.401; 725.402; 725.403;
725.404; 725.410, Effective
March 26, 1993.
Administrative Stay for the Requirement Rules 35 IAC 724.673; 725.543,
that Existing Drip Pads be Effective March 26, 1993.
Impermeable, February 18, 1992, 57 FR
05859-05861 \1\.
Hazardous Debris Case by Case Capacity Rule 35 IAC 728.135, Effective
Variance, May 15, 1992, 57 FR 20766- March 26, 1993.
20770 \1\.
Used Oil Filter Exclusion, May 20, Rule 35 IAC 721.104, Effective
1992, 57 FR 21524-21534 \1\. March 26, 1993.
Recycled Coke By Product Exclusion, Rules 35 IAC 721.104; 726.200,
June 22, 1992, 57 FR 27880-27888 \1\. Effective March 26, 1993.
Lead Bearing Hazardous Materials Case Rule 35 IAC 728.135, Effective
by Case Capacity Variance, June 26, March 26, 1993.
1992, 57 FR 28628-28632 \1\.
Used Oil Filter Exclusion; Technical Rule 35 IAC 721.104, Effective
Corrections, July 1, 1992, 57 FR 29220 November 22, 1993.
\1\.
[[Page 40522]]
Land Disposal Restrictions for Newly Rules 35 IAC 703.155; 703.181;
Listed Wastes and Hazardous Debris, 703.183; 703.280; 703 Appendix
August 18, 1992, 57 FR 37194-37282 \1\. A and M; 720.110; 721.103;
722.134; 724.210; 724.211;
724.212; 724.240; 724.242;
724.1100; 724.1101; 724.1102;
725.210; 725.211; 725.212;
725.240; 725.242; 725.321;
725.1100; 725.1101; 725.1102;
728.102; 728.107; 728.109;
728.114; 728.136; 728.140;
728.141; 728.142; 728.143;
728.145; 728.146; 728.150; 728
Tables B, F, and G; 728
Appendix B, Effective November
22, 1993.
Coke By Products Listings, August 18, Rules 35 IAC 721.104; 721.132;
1992, 57 FR 37284-37306 \1\. 721 Appendix G, Effective
November 22, 1993.
Recycled Used Oil Management Standards, Rules 35 IAC 720.110; 721.103;
September 10, 1992, 57 FR 41566-41626 721.105; 721.106; 726.200;
\1\. 739.101; 739.110; 739.111;
739.112; 739.120; 739.121;
739.122; 739.123; 739.124;
739.130; 739.131; 739.132;
739.140; 739.141; 739.142;
739.143; 739.144; 739.145;
739.146; 739.147; 739.150;
739.151; 739.152; 739.153;
739.154; 739.155; 739.156;
739.157; 739.159; 739.160;
739.161; 739.162; 739.163;
739.164; 739.165; 739.166;
739.167; 739.170; 739.171;
739.172; 739.173; 739.174;
739.175; 739.180; 739.181;
739.182, Effective November
22, 1993.
Consolidated Liability Requirements, Rules 35 IAC 724.241; 724.243;
September 1, 1988, 53 FR 33938-33960, 724.245; 724.247; 724.251;
as amended July 1, 1991, 56 FR 30200,* 725.241; 725.243; 725.245;
and September 16, 1992, 57 FR 42832- 725.247, Effective November
42844 \1\. 13, 1989, June 9, 1992, and
November 22, 1993.
Chlorinated Toluenes Production Waste Rules 35 IAC 721.132; 721
Listing, October 15, 1992, 57 FR 47376- Appendix G, Effective November
47386 \1\. 22, 1993.
Hazardous Soil Case by Case Capacity Rule 35 IAC 728.135, Effective
Variance, October 20, 1992, 57 FR November 22, 1993.
47772-47776 \1\.
Reissuance of the Mixture and Derived Rule 35 IAC 721.103, Effective
From Rules, March 3, 1992, 57 FR 07628- March 26, 1993, and November
07633 \1\ as amended June 1, 1992, 57 22, 1993.
FR 23062-23063 \1\ and October 30,
1992, 57 FR 49278-49279 \1\.
Toxicity Characteristic Amendment, June Rule 35 IAC 721.103, Effective
1, 1992, 57 FR 23062-23063 \1\. March 26, 1993.
Liquids in Landfills II, November 18, Rules 35 IAC 720.110; 724.113;
1992, 57 FR 54452-54461 \1\. 724.414; 724.416; 725.113;
725.114; 725.414; 725.416,
Effective November 22, 1993.
Corrective Action Management Units and Rules 35 IAC 702.110; 703.283
Temporary Units, February 16, 1993, 58 Appendix A; 720.110; 724.103;
FR 08658-08685 \1\. 724.201; 724.652; 724.653;
725.101; 728.102, Effective
April 21, 1994.
Recycled Used Oil Management Standards; Rules 35 IAC 721.104; 721.105;
Technical Amendments and Corrections 724.101; 725.101; 739.101;
I, May 3, 1993, 58 FR 26420-26426 \1\ 739.110; 739.111; 739.112;
as amended June 17, 1993, 58 FR 33341- 739.121; 739.122; 739.123;
33342 \1\. 739.140; 739.142; 739.143;
739.145; 739.151; 739.152;
739.154; 739.160; 739.162;
739.164; 739.170; 739.172;
739.174, Effective April 21,
1994.
Land Disposal Restrictions; Renewal of Rule 35 IAC 728.135, Effective
the Hazardous Waste Debris Case by April 21, 1994.
Case Capacity Variance, May 14, 1993,
58 FR 28506-28511 \1\.
Land Disposal Restrictions for Rules 35 IAC 703 Appendix A
Ignitable and Corrosive Characteristic 724.101; 725.101; 728.101;
Wastes Whose Treatment Standards Were 728.102; 728.107; 728.109;
Vacated, May 24, 1993, 58 FR 29860- 728.137; 728.140; 728 Table A
29887 \1\. and B, Effective April 21,
1994.
------------------------------------------------------------------------
\1\ Indicates HSWA Provision
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based upon the Federal program
provisions for which the State is applying for authorization, and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization. EPA has previously suspended issuance of permits for the
other provisions on January 31, 1986, March 5, 1988, April 30, 1990,
June 3, 1991, August 15, 1994, and May 14, 1996, the effective dates of
Illinois' final authorizations for the RCRA base program and for the
subsequent program revisions, respectively.
This authorization includes authorization for Illinois to impose
certain land disposal prohibitions. Under 40 CFR 268.6, EPA may grant
petitions of specific duration to allow land disposal of certain
hazardous wastes provided certain criteria are met. States that have
authority to impose land disposal prohibitions may ultimately be
authorized under RCRA section 3006 to grant petitions for such
exemptions. However, EPA is currently requiring that these petitions be
handled at EPA Headquarters. It should be noted that Illinois has its
own procedures for petition submission and approval to allow land
disposal of a prohibited waste. Therefore, the petitioner must satisfy
both Federal and Illinois requirements, and be granted approval by both
EPA and the State.
Illinois is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA unless provided otherwise in a
future statute or regulation.
C. Decision
I conclude that Illinois' application for program revisions meets
all of the statutory and regulatory requirements established by RCRA,
and its amendments. Accordingly, Illinois is granted final
authorization to operate its hazardous waste program as revised.
Illinois now has responsibility for permitting treatment, storage, and
disposal facilities within its borders and carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of the HSWA. Illinois also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under section 3007 of RCRA and to take enforcement actions under
sections 3008, 3013, and 7003 of RCRA.
[[Page 40523]]
D. Incorporation by Reference
EPA incorporates by reference, authorized State programs in 40 CFR
Part 272, to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of the
Illinois program will be completed at a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. EPA does not
anticipate that the approval of Illinois' hazardous waste program
referenced in today's notice will result in annual costs of $100
million or more. EPA's approval of State programs generally have a
deregulatory effect on the private sector because once it is determined
that a State hazardous waste program meets the requirements of RCRA
section 3006(b) and the regulations promulgated thereunder at 40 CFR
part 271, owners and operators of hazardous waste treatment, storage,
or disposal facilities (TSDFs) may take advantage of the flexibility
that an approved State may exercise. Such flexibility will reduce, not
increase, compliance costs for the private sector. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved State hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265 and 270. Once EPA authorizes a State to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved State program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Illinois' program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of this rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 12, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-19703 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-19523 Airworthiness Directives; Fokker Model F28 Mark 1000, 2000, 3000, and 4000 Series Airplanes, and Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40511-40513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19523]
[[Page 40511]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-87-AD; Amendment 39-9706; AD 96-16-05]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F28 Mark 1000, 2000, 3000,
and 4000 Series Airplanes, and Model F28 Mark 0100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F28 Mark 1000, 2000, 3000, and 4000
series airplanes, and Model F28 Mark 0100 series airplanes, that
requires repetitive pre-load adjustments of the main landing gear (MLG)
downlock-actuator. This AD also provides optional terminating action
for the repetitive adjustments. This amendment is prompted by a report
that, upon landing, the MLG of an airplane collapsed as a result of the
lock toggle-links being pulled out of the over-center position by the
downlock-actuator, which was due to the relative movement of the upper
and lower side-stay members. The actions specified by this AD are
intended to prevent collapse of the MLG, which could adversely affect
the controllability of the airplane during landing.
DATES: Effective September 9, 1996.
-The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 9, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2141; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark
1000, 2000, 3000, and 4000 series airplanes, and Model F28 Mark 0100
series airplanes was published in the Federal Register on October 16,
1996 (60 FR 53552). That action proposed to require repetitive pre-load
adjustments of the main landing gear (MLG) downlock-actuator.
Comments Received
-Interested persons have been afforded an opportunity to
participate in the making of this amendment. Due consideration has been
given to the comments received.
Support for the Proposal
-One commenter concurs with the proposed rule.
Request to Clarify the Description of Cause of the Unsafe Condition
-One commenter, the airframe manufacturer, requests that the
description of the unsafe condition be clarified. This commenter states
that collapse of the MLG has only occurred under extreme inward side-
load conditions, which are beyond the design ultimate load for landing
conditions. The commenter asserts that the proposed wording of the
unsafe condition suggests that the downlock-actuator itself removed the
over- center position. The commenter further states that the
investigation of the collapse of the MLG showed that the bottomed
downlock-actuator was only an intermediate which transferred the
relative movement between the upper and lower side stay to the lock
toggle links. The commenter suggests that the wording of the unsafe
condition [that appears prior to paragraph (a) of the AD] be revised as
follows: To prevent the collapse of the main landing gear (MLG) under
extreme inward side-load conditions (such as touching down at large
``crab'' angles), due to a lock toggle-link being pulled out of its
over-center position by a bottomed MLG downlock-actuator, as a result
of the relative movement of the upper and lower side stay members * *
*.''
The FAA concurs that clarification is necessary and has revised the
final rule accordingly.
Request to Extend the Compliance Time
-One commenter requests that the compliance time be extended to
allow the inspection within 12 months after the effective date of the
AD, rather than 8 months as proposed. This will allow the inspection to
be accomplished during regularly scheduled maintenance. The commenter
states that the adoption of the proposed compliance time of 8 months
would require operators to schedule special times for the
accomplishment of this inspection at considerable expense beyond what
was estimated in the cost impact of the proposed rule.
-The FAA does not concur. In establishing the compliance times, the
FAA considered not only the degree of urgency associated with the
unsafe condition, but the manufacturer's recommended compliance time
specified in the applicable service bulletins, and the foreign
airworthiness authority's recommended compliance time of 8 months. In
light of these factors, the FAA finds that a compliance time of 8
months is appropriate and should fall during a time of scheduled
maintenance for the majority of affected operators. Paragraph (c) of
the final rule, however, does provide affected operators with the
opportunity to apply for an adjustment of the compliance time if data
are presented to the FAA to justify such an adjustment.
Request to Delete Requirements for Repetitive Adjustments
-One commenter points out that, since paragraph (a) of the proposed
rule does not allow for a terminating action, the proposed rule would
require operators to continue to record accomplishment of the AD
requirements each time the adjustment is performed. This commenter
contends that repetitive requirements in the AD are not necessary,
since operators will revise their maintenance programs to include these
repetitive pre-load adjustment requirements.
-The FAA does not concur that the repetitive adjustment
requirements should be deleted from the AD. However, the FAA has
determined that incorporation of the repetitive adjustments into the
FAA-approved maintenance program is an acceptable alternative method of
compliance with this requirement. This alternative procedure will allow
operators the option to choose either to conduct the repetitive
adjustments in accordance with the AD, or to incorporate the
requirement for repetitive adjustments into the their FAA-approved
maintenance programs. The FAA has added a new paragraph (b) to the
final rule to provide for this alternative.
Request to Revise Wording of Requirement for Repetitive Adjustments
-One commenter requests that the last sentence of paragraph (a) of
the proposed rule be either clarified or
[[Page 40512]]
deleted. That sentence would require repetitive pre-load adjustment of
the MLG downlock-actuator at each scheduled maintenance, installation,
or replacement of the MLG downlock-actuator. The commenter states that
the term ``scheduled maintenance'' could include maintenance (such as
for lubrication only) when a pre-load adjustment is not required.
Additionally, this commenter points out that use of the word
``scheduled'' in this context also is incorrect, since the adjustment
procedure is necessary any time an actuator is installed, regardless of
whether the action is scheduled or unscheduled.
-The FAA concurs and has deleted the words ``scheduled
maintenance'' from paragraph (a) of the final rule.
Conclusion
-After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
-The FAA estimates that 162 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 8 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $77,760, or $480 per
airplane.
-The cost impact figure discussed above is based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
-The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
-For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
-Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
-Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
-1. The authority citation for part 39 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 [Amended]
-2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-16-05 Fokker: Amendment 39-9706. Docket 95-NM-87-AD.
-Applicability: Applies to the airplanes specified in Table 1 of
this AD (equipped as specified), certificated in any category:
Table 1
------------------------------------------------------------------------
Airplane model Equipped with
------------------------------------------------------------------------
F28 Mark 1000, 2000, 3000, Dowty Aerospace main landing gear (MLG)
and 4000 series airplanes. downlock-actuators, part number (P/N)
200497-004 or P/N 200498-004 (on which
Dowty Service Bulletin 32-17 has not
been accomplished)
or
Dowty Aerospace main landing gear (MLG)
downlock-actuators, P/N 200497-005 or
200498-005 (on which Dowty Service
Bulletin 32-17 has been accomplished);
F28 Mark 0100 series Dowty Aerospace MLG downlock-actuators, P/
airplanes. N 201218-005, -006, -007, or -008.
------------------------------------------------------------------------
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the collapse of the main landing gear (MLG) under
extreme inward side-load conditions (such as touching down at large
``crab'' angles) due to a lock toggle-link being pulled out of its
over-center position by a bottomed MLG downlock-actuator (as a
result of the relative movement of the upper and lower side stay
members), accomplish the following:
(a) Within 8 months after the effective date of this AD, perform
a pre-load adjustment of the MLG downlock-actuator, in accordance
with Fokker Service Bulletin SBF100-32-094, dated November 10, 1994,
or Revision 1, dated March 15, 1995 (for Model F28 Mark 0100 series
airplanes); or Fokker Service Bulletin F28/32-153, dated November
10, 1994 (for Model F28 Mark 1000, 2000, 3000, and 4000 series
airplanes); as applicable. Except as provided by paragraph (b) of
this AD, repeat the adjustment thereafter at each installation or
replacement of the MLG downlock-actuator.
(b) As an alternative to the repetitive adjustment requirements
of paragraph (a) of this AD: Following the accomplishment of the
initial pre-load adjustment of the MLG downlock-actuator required by
paragraph (a) of this AD, incorporate into the FAA-approved
maintenance program provisions for pre-load adjustment procedures of
the MLG downlock-actuator, as described in the F28 Airplane
Maintenance Manual (AMM), Temporary Revision dated November 1994, or
F100 AMM Revision, dated September 1994.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager,
[[Page 40513]]
Standardization Branch, ANM-113, FAA, Transport Airplane
Directorate. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Standardization Branch,
ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The adjustment shall be done in accordance with Fokker
Service Bulletin SBF100-32-094, dated November 10, 1994; or Fokker
Service Bulletin SBF100-32-094, Revision 1, dated March 15, 1995; or
Fokker Service Bulletin F28/32-153, dated November 10, 1994; as
applicable. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from Fokker Aircraft USA,
Inc., 1199 North Fairfax Street, Alexandria, Virginia 22314. Copies
may be inspected at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(f) This amendment becomes effective on September 9, 1996.
Issued in Renton, Washington, on July 25, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-19523 Filed 8-2 -96; 8:45 am]
BILLING CODE 4910-23-P
Complete official Federal Register PDF
FR Doc. 96-19428 Video Dialtone Systems; Regulatory Scheme for Future Use
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40531-40533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19428]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 63
[CS Docket No. 96-46; FCC 96-312]
Video Dialtone Systems; Regulatory Scheme for Future Use
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The First Order on Reconsideration requires operators of
existing video dialtone systems to make an election concerning what
regulatory scheme they will operate under in the future. This order
clarifies our rules in accordance with the Telecommunications Act of
1996. This order fulfills the mandate of the Telecommunications Act of
1996.
DATES: Effective August 5, 1996.
Public and agency comments on the information collection are due
on or before August 30, 1996. OMB notification of action is requested
September 4, 1996.
ADDRESSES: Comments on the information collection contained herein
should be submitted to Dorothy Conway, Federal Communications
Commission, Room 234, 1919 M Street, N.W., Washington, DC 20554, or via
the Internet to [email protected], and to Timothy Fain, OMB Desk Officer,
10236 NEOB, 725-17th Street, N.W., Washington, DC 20503 or via the
Internet to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information concerning
the information collection contained herein contact Dorothy Conway at
202-418-0217, or via the Internet at [email protected].
SUPPLEMENTARY INFORMATION: This First Order on Reconsideration contains
a new information collection under the Paperwork Reduction Act of 1995
(the ``1995 Act''). The Commission has requested approval of this
collection by the Office of Management and Budget (``OMB''), under the
emergency processing provisions of the 1995 Act. Approval is requested
to be effective September 4, 1996. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and OMB to comment on the information collection contained in
this First Order on Reconsideration, as required by the1995 Act. Public
and agency comments are due on or before August 30, 1996. Comments
should address: (1) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (2) the accuracy of the Commission's burden estimates; (3)
ways to enhance the quality, utility, and clarity of the information
collected; and (4) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. OMB
notification of action is requested September 4, 1996.
OMB Approval Number: New collection submitted for OMB approval.
Title: Implementation of Section 302 of the Telecommunications Act
of 1996.
Type of Review: New collection.
Respondents: Businesses, and other for profit entities.
Number of Respondents: Approximately 10.
Number of Responses: 14. (10 elections letters+4 showings of good
cause=14.).
Estimated Time Per Response: .5-5.5 hours. The Commission estimates
an average burden of .5 hours to prepare and file each election letter.
The Commission estimates a burden of 5 hours to prepare and file a
showing of good cause requesting an extension of time. The Commission
estimates entities will undergo an average burden of 2 hours to
coordinate information with outside legal assistance in preparing each
showing of good cause.
Total Annual Burden: 13 hours. (10 election letters x .5 hours=5
hours.) (4 showings of good cause x 2 hours=8 hours.)
Estimated costs per respondent: $3000. The Commission estimates
that respondents will use outside legal assistance paid at $150 per
hour to prepare showings for good cause. (4 showings of good cause x 5
hours @ $150 per hour=$3000.)
Needs and Uses: The election letters and any potential showings of
good cause will be collected and reviewed by the Commission to ensure
that all existing video dialtone operators have elected an option for
the delivery of video programming services under Section 651. The
filings will serve as an official record to verify that video dialtone
operators are in compliance with the Commission's rules and the intent
of Congress.
First Order on Reconsideration
I. Introduction
1. On February 8, 1996, the Telecommunications Act of 1996 (the
``1996 Act'') was signed into law. Among other things, the 1996 Act
repealed the telephone-cable cross-ownership restriction imposed by the
Cable Communications Policy Act of 1984 (``1984 Cable Act''), which
generally prohibited common carriers from providing video programming
directly to subscribers in their telephone service areas. The 1996 Act
also repealed the Commission's ``video dialtone'' rules and policies,
which had been established to permit common carriers to participate in
the video marketplace in a manner that was consistent with the
statutory telephone-cable cross-ownership restriction. In repealing the
Commission's video dialtone rules and policies, the 1996 Act provided:
The Commission's regulations and policies with respect to video
dialtone requirements issued in CC Docket No. 87-266 shall cease to
be effective on the date of enactment of this Act. This paragraph
shall not be construed to require the termination of any video-
dialtone system that the Commission has approved before the date of
enactment of this Act.
2. Consistent with the above statutory provisions, in the Report
and Order and Notice of Proposed Rulemaking in CS Docket No. 96-46, the
Commission: (1) Eliminated our rules implementing the telephone-cable
cross-ownership restriction; (2) eliminated our video dialtone rules
and policies; (3) terminated our proceeding that established our video
dialtone rules and policies (CC Docket No. 87-266); and (4) did not
require currently approved video dialtone systems to cease operations.
3. The general regulatory treatment for video programming services
provided by common carriers is now set forth in new Sections 651
through 653 of Title VI of the Communications Act of 1934 (the
``Communications Act''). The
[[Page 40532]]
options for common carriers entering the video programming marketplace
are found in Section 651, which provides that common carriers may: (1)
Provide video programming to subscribers through radio communication
under Title III of the Communications Act; (2) provide transmission of
video programming on a common carrier basis under Title II of the
Communications Act; (3) provide video programming as a cable system
under Title VI of the Communications Act; or (4) provide video
programming by means of an ``open video system'' under new Section 653
of the Communications Act.
II. Pleadings
4. On April 1 and April 10, 1996, the National Cable Television
Association (``NCTA'') filed nearly identical petitions for
reconsideration of the Commission's decision in the First Report and
Order not to require currently approved video dialtone systems to cease
operations. NCTA filed one petition for reconsideration as part of its
comments in the open video system rulemaking proceeding. See Comments
and Petition for Reconsideration of the National Cable Television
Association, Inc., CS Docket No. 96-46, CC Docket 87-266 (Terminated)
(filed April 1, 1996) (``NCTA April 1 Petition''). NCTA then filed a
nearly identical petition for reconsideration of the order terminating
CC Docket No. 87-266. See Petition for Reconsideration, CC Docket No.
87-266 (Terminated) (filed April 10, 1996) (``NCTA April 10
Petition''). Because they present identical issues, and because CC
Docket No. 87-266 has been terminated, we will consider these
petitions, and the responses thereto, in CS Docket No. 96-46. According
to NCTA, Congress did not ``require'' the termination of existing video
dialtone authorizations, but left termination to the Commission's
discretion. With the repeal of the Commission's video dialtone rules,
NCTA argues that the Commission has two choices: either conduct another
rulemaking to establish new rules for these few systems, or require
that they select between open video and franchised cable service. NCTA
argues that the latter alternative is preferable, after a reasonable
transition period. NCTA therefore asks the Commission to require (1)
outstanding video dialtone trials to terminate in accordance with the
dates previously established by the Commission, and (2) companies
holding outstanding commercial authorizations to choose between open
video and franchised cable service by a date certain.
5. In response, BellSouth Telecommunications, Inc. (``BellSouth'')
argues that the Commission did not err by issuing an Order that
conformed strictly to Section 302(b)(3) of the 1996 Act. Further,
BellSouth and the Bell Atlantic Telephone Companies (``Bell Atlantic'')
argue that NCTA overlooks a third wireline option for telephone
companies under Section 651--common carrier video transmission subject
to Title II regulation. In addition, Pacific Bell argues that NCTA
erroneously asserts that Congress did not ``grandfather'' existing
video dialtone authorizations, and that existing video dialtone systems
should have the opportunity to continue operating as common carriers
under Section 651, under any other provision of the 1996 Act or under
any other option available prior to the 1996 Act's passage and not
repealed by Congress. Recently, Sprint Corporation (``Sprint'') filed
an ex parte letter, objecting to the proposed discontinuance of
operations of existing approved video dialtone trials. In particular,
Sprint argued that it would be disruptive for the customers of its
video dialtone trial in Wake Forest, North Carolina if its operations
were to cease prematurely, and that the 1996 Act does not require the
Commission to terminate such systems.
6. In its reply, NCTA argues that Pacific Bell is ``simply wrong''
to claim that existing video dialtone authorizations were somehow
``grandfathered'' by the 1996 Act. While the 1996 Act does not
``require'' the termination of currently authorized video dialtone
systems, NCTA asserts that the 1996 Act does not prohibit the
Commission from terminating the authorizations. NCTA further argues
that the common carrier video programming transmission model applies
when only video transmission is being provided on a common carrier
basis. If a common carrier provides more than video transmission (e.g.,
when it provides its own video programming, or provides enhanced
services associated with video transmission), NCTA asserts that the
common carrier option is not available and the common carrier must
choose either the open video or the traditional cable model.
III. Discussion
7. We agree with NCTA that Section 302(b)(3) was not intended to
``grandfather'' existing video dialtone systems indefinitely as video
dialtone systems. Again, Section 302(b)(3) of the 1996 Act provides:
``This paragraph shall not be construed to require the termination of
any video-dialtone system that the Commission has approved before the
date of enactment of this Act.'' Rather, we interpret Section 302(b)(3)
to mean that the repeal of the Commission's video dialtone rules does
not also require the immediate termination of video dialtone systems
operating under those rules. We believe that Section 302(b)(3) was
intended to give the Commission the discretion to avoid an immediate
disruption of video dialtone service, and to develop an orderly
transition plan for existing video dialtone systems.
8. We find that the public interest would be served by requiring
currently authorized video dialtone operators to select one of the four
video programming delivery options set forth in Section 651--radio-
based, common carrier transmission, traditional cable or open video.
The Commission's open video system rules were released on June 3, 1996,
and the Commission must release any reconsideration of those rules by
August 8, 1996. We believe that after August 8, 1996 video dialtone
operators will possess adequate information regarding their options to
make such an election.
9. We realize that video dialtone operators will need time to
evaluate their options under Section 651 and to implement their choice.
We therefore will provide video dialtone operators ninety days from
August 8, 1996 in which to effect a transition to one of the four
options for providing video programming services under Section 651. A
video dialtone operator may, of course, begin providing video service
under one of the regulatory options in Section 651 at any time and need
not wait until the end of the election period. This will also permit
video dialtone subscribers to continue receiving service without
disruption. At or before the end of this 90-day period, each currently
authorized video dialtone operator must inform the Office of the
Secretary of the Commission in writing, with a copy to the Chief of the
Cable Services Bureau, which option under Section 651 it has elected.
We realize, however, that it may not be possible in all circumstances
for a video dialtone operator to complete the transition in ninety
days. In those instances, we would consider reasonable extensions of
time based on a showing of good cause. For example, if the video
dialtone operator were diligently pursuing a cable franchise and the
local franchising authority had not yet granted the franchise, we would
likely consider that good cause.
10. We believe that requiring such an election is fully consistent
with congressional intent. We are not requiring video dialtone
operators to
[[Page 40533]]
cease providing video service to their subscribers, but simply to
provide service in compliance with one of the statutorily-recognized
video programming delivery options. We also believe that this
conclusion is consistent with the Conference Report, since we are not
requiring video dialtone operators to elect a different option until
after our open video system rules have become effective. To hold
otherwise, as NCTA points out, would require the Commission to initiate
a new rulemaking proceeding to establish rules governing a handful of
systems. We believe that creating a fifth option for a limited number
of systems would be unnecessary, wasteful, and contrary to Congress'
Section 651 framework. We decline to adopt such an approach.
11. We also believe that the above election requirement generally
is consistent with the positions advanced by BellSouth, Bell Atlantic
and Pacific Bell. We also believe that the election requirement
generally is consistent with Sprint's position that the Commission is
not required to terminate currently authorized video dialtone systems,
and addresses its concern that subscribers' service not be disrupted.
None of those companies has argued for, or expressed an interest in,
providing video programming service separate and apart from the
Communication Act's current framework. These parties have all posited
that entities with existing video dialtone authorizations should have
the opportunity to continue offering service under Title II. For
instance, although Pacific Bell disagrees with NCTA's assertion that
existing video dialtone authorizations were not ``grandfathered,'' it
argues that existing video dialtone systems ``should have the
opportunity to continue offering service under Title II'' or some other
permissible framework. Similarly, Bell Atlantic asserts that its video
dialtone system in Dover Township, New Jersey already qualifies as a
common carrier system, and that it will evaluate the appropriate
regulatory framework for its Dover Township system once the
Commission's open video system rules are in place. We expressly do not
reach the merits of Bell Atlantic and BellSouth's assertions that some
or all video dialtone systems qualify as common carrier video offerings
under Section 651. As noted above, common carrier transmission is one
of the Section 651 alternatives under which video dialtone operators
may continue to provide service.
12. We do not distinguish between video dialtone trials and
commercial authorizations for purposes of this election. The repeal of
our video dialtone rules requires an election comporting with the
provisions of the amended law. The type of authorization under the
video dialtone structure is not relevant to this requirement.
IV. Paperwork Reduction Act of 1995 Analysis
13. This First Order on Reconsideration contains a new information
collection under the Paperwork Reduction Act of 1995 (the ``1995
Act''). The Commission has requested approval of this collection by the
Office of Management and Budget (``OMB''), under the emergency
processing provisions of the 1995 Act. Approval is requested to be
effective September 4, 1996. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and OMB
to comment on the information collection contained in this First Order
on Reconsideration as required by the 1995 Act. Public and agency
comments on the information collection are due on or before August 30,
1996. Comments should address: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (2) the accuracy of the Commission's burden estimates; (3)
ways to enhance the quality, utility, and clarity of the information
collected; and (4) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. OMB
notification of action is requested September 4, 1996.
14. A copy of any comments on the information collection contained
herein should be submitted to Dorothy Conway, Federal Communications
Commission, Room 234, 1919 M Street, N.W., Washington, DC 20554, or via
the Internet to [email protected] and to Timothy Fain, OMB Desk Officer,
10236, NEOB, 725--17th Street, N.W., Washington, DC 20503 or via the
Internet to [email protected]. For additional information concerning
the information collections contained herein contact Dorothy Conway at
202-418-0217, or via the Internet at [email protected].
V. Ordering Clauses
15. Accordingly, it is Ordered that NCTA's Petition for
Reconsideration in CS Docket No. 96-46 is granted in part and denied in
part, as provided herein.
16. It is further ordered that pursuant to Sections 4(i), 4(j),
651, and 653 of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 154(i), 154(j), 571, and 573, and Section 302(b)(3) of the
Telecommunications Act of 1996, the requirements and policies discussed
in this First Order on Reconsideration are adopted.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Regulatory Flexibility Analysis
The Federal Communications Commission certifies that the Regulatory
Flexibility Act is not applicable to the requirements we adopt in this
First Order on Reconsideration. There will not be a significant
economic impact on a substantial number of small business entities, as
defined by Section 601(3) of the Regulatory Flexibility Act. Entities
directly subject to the requirements herein are large corporations
engaged in the provision of video programming services, and therefore
are not ``small entities'' as defined by the Small Business Act. We are
nevertheless committed to reducing the regulatory burdens on small
communications services companies whenever possible, consistent with
our other public interest responsibilities. The Secretary shall send a
copy of this First Order on Reconsideration to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
Sections 603(a) and 605(b) of the Regulatory Flexibility Act, 5 U.S.C.
Secs. 601, et seq. (1981).
Federal Communications Commission.
[FR Doc. 96-19428 Filed 8-2-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-19422 Rewrite of the NASA FAR Supplement (NFS)
[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40533-40549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19422]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1806, 1852
Rewrite of the NASA FAR Supplement (NFS)
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Parts 1801 through 1806, and clauses affected by these parts,
are revised in their entirety. The numbering of NFS sections has been
changed to indicate the exact section of the FAR being implemented or
supplemented.
The FAR numbering system is by part, subpart, section, and
subsection, for example 1.105-2. Subdivisions below these numbers are
designated by
[[Page 40534]]
parenthetical alpha numerics in the following sequence: (a)(1)(i)(A).
The NFS ``implements'' and ``supplements'' the FAR. Implementing
coverage is that which directly carries out the FAR policies and
procedures. Supplementing coverage is that additional information not
required by the FAR but necessary to satisfy the specific needs of
NASA.
Numbering of NFS text implementing the FAR will be the same as that
of the related FAR text when the NFS coverage is one paragraph.
Implementing NFS coverage exceeding one paragraph is numbered by
first identifying the corresponding FAR test to the lowest appropriate
FAR number and then adding the NFS coverage. To indicate where the FAR
subdivision ends and the NFS begins, the NFS coverage is identified by
skipping a sequence in the (a)(1)(i)(A) alpha numeric subdivision
scheme. For example, four paragraphs implementing FAR 1.602-3(c)(7) are
numbered 1801.602-3(c)(7)(A), (B), (C), and (D) (instead of the
1801.602-3(b)(1) through (4) in the current NFS). In this case, the
next available alpha numeric subdivision identifier (i) is skipped and
the NFS coverage starts with the subsequent identifier (A).
NFS text that supplements the FAR will be numbered the same as its
FAR counterpart with the addition of a number 70 and up. For example,
NFS supplement of FAR subsection 1.105-3 is numbered 1801.105-370.
Supplemental text exceeding one paragraph is numbered using the
prescribed alpha numeric sequence without skipping a unit.
Parts 1801 through 1806 use the new numbering system. Other NFS
parts will be transitioned as the NFS rewrite progresses. The new
numbering system will require a short orientation period. However, it
will prove to be a significant value to the user of the NFS in that it
will clearly and precisely identify the associated FAR coverage, as
well as clearly distinguish implementing from supplementing coverage.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Thomas O'Toole, (202) 358-0478; Mr. Bruce King, (202) 358-0461.
SUPPLEMENTARY INFORMATION:
Background
The National Performance Review urged agencies to streamline and
clarify their regulations. The NFS rewrite initiative was established
to pursue these goals by conducting a section by section review of the
NFS to verify its accuracy, relevancy, and validity. The NFS will be
rewritten in blocks of parts and issued through Procurement Notices
(PNs). Upon completion of all parts, the NFS will be reissued in a new
edition.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rules does not
impose any reporting or record keeping requirements subject to the
Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1801, 1802, 1803, 1804, 1805,
1806, and 1852 Government procurement.
Tom Luedtke,
Deputy Associated Administrator for Procurement.
Accordingly, 48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1806, and
1852 are amended as follows:
1.-2. Part 1801 is revised to read as follows:
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
1801.000 Scope of part.
Subpart 1801.1 Purpose, Authority, Issuance
1801.103 Authority.
1801.104 Applicability.
1801.105 Issuance.
1801.105-1 Publication and code arrangement.
1801.105-2 Arrangement of regulations.
1801.105-3 Copies.
1801.105-370 Internal dissemination.
1801.106 OMB approval under the Paperwork Reduction Act.
Subpart 1801.2 Administration
1801.270 Amendment of Regulation.
1801.270-1 Revisions.
1801.270-2 Procurement Notices.
1801.270-3 Effective date.
1801.270-4 Numbering.
1801.271 NASA procedures for FAR and NFS changes.
1801.272 Procurement Information Circulars.
Subpart 1801.3 Agency Acquisition Regulations
1801.301 Policy.
1801.303 Publication and codification.
Subpart 1801.4 Deviations From the FAR
1801.400 Scope of subpart.
1801.471 Procedure for requesting deviations.
Subpart 1801.6 Career Development, Contracting Authority, and
Responsibilities
1801.601 General.
1801.602-3 Ratification of unauthorized commitments.
1801.603 Selection, appointment, and termination of appointment.
1801.603-2 Selection.
1801.670 Delegations to contracting officer's technical
representatives (COTRs).
Subpart 1801.7 Determinations and Findings
1801.707 Signatory authority.
1801.770 Legal review.
Authority: 42 U.S.C. 2473(c)(1)
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
1801.000 Scope of part.
This part sets forth general information about the National
Aeronautics and Space Administration (NASA) Federal Acquisition
Regulations (FAR) Supplement, also referred to as the NFS.
Subpart 1801.1--Purpose, Authority, Issuance
1801.103 Authority. (NASA supplements paragraph (a))
(a) Under the following authorities, the Administrator has
delegated to the Associate Administrator for Procurement authority to
prepare, issue, and maintain the NFS:
(i) The National Aeronautics and Space Act of 1958 (Public Law 85-
568; 42 U.S.C. 2451 et seq.).
(ii) 10 U.S.C. chapter 137.
(iii) Other statutory authority.
(iv) FAR subpart 1.3.
1801.104 Applicability.
The NFS applies to all acquisitions as defined in FAR Part 2 except
those expressly excluded by the FAR or this chapter.
1801.105 Issuance.
1801.105-1 Publication and code arrangement. (NASA supplements
paragraphs (a) and (b))
(a)(i) The NFS is published in the same publications and formats as
the FAR.
(ii) The NFS is published in ``editions'' and ``versions.'' An
``edition'' is a loose-leaf publication of the entire regulation and is
denoted by the calendar year of publication. A ``version'' is the basic
loose-leaf edition NFS with all NFS Directive (NFSD) change pages filed
up to and including the NFSD number that corresponds to the ``version''
number. For example, for the 1989 edition of the NFS, Version 89.3
consists of pages from NFSD 89-0 (basic NFS), with change pages filed
from NFSDs 89-1, 89-2, and 89-3.
(b) The NFS is issued as chapter 18 of title 48, Code of Federal
Regulations (CFR).
[[Page 40535]]
1801.105-2 Arrangement of regulations. (NASA supplements paragraph
(b))
(b)(1)(A) Numbering of NFS text implementing the FAR shall be the
same as that of the related FAR text, except when the NFS coverage
exceeds one paragraph. In such case the NFS text is numbered by
skipping a unit in the FAR 1.105-2(b)(2) prescribed numbering sequence.
For example, two paragraphs implementing FAR 1.105-2(b)(1) are numbered
1801.105-2(b)(1) (A) and (B), rather than (1) (i) and (ii). Further
subdivision of the NFS implementing paragraphs would follow the
prescribed sequence in FAR 1.105(b)(2).
(B) NFS text that supplements the FAR is numbered the same as its
FAR counterpart with the addition of a number 70 and up. For example,
NFS supplement of FAR subsection 1.105-3 is numbered 1801.105-370.
Supplemental text exceeding one paragraph is numbered using the FAR
1.105-2(b)(2) prescribed numbering sequence without skipping a unit.
(2) Subdivision numbering below the fourth level repeats the
numbering sequence using italicized letters and numbers.
1801.105-3 Copies (NASA paragraphs (1), (2) and (3))
(1) Subscriptions to the NFS may be obtained by writing to
Superintendent of Documents, U.S. Government Printing Office (GPO),
Washington, DC 20402, or by calling (202) 512-1800. All requests should
cite the NFS GPO Subscription Stock No. 933-003-00000-1. A subscription
consists of the basic edition, plus all changes issued for an
indefinite period. The prices and periods of subscriptions are set by
GPO.
(2) The NFS is also available on the Internet (address: http://
www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).
(3) Copies of NASA Handbooks (NHBs), NASA Management Instructions
(NMIs), NASA Policy Directives (NPDs), and NASA Procedures and
Guidelines (NPGs) may be obtained from NASA Headquarters, Office of
Management Systems and Facilities (Code JM).
1801.105-370 Internal dissemination.
The Headquarters Office of Procurement (Code HK), (202-358-1248),
distributes the FAR, Federal Acquisition Circulars (FACs), the NFS,
NFSDs, Procurement Notices (PNs), and Procurement Information Circulars
(PICs) directly to NASA Headquarters offices and installation
distribution points. NASA center personnel may be placed on the
distribution list or may obtain extra copies by contacting the
designated distribution point for their installation.
1801.106 OMB approval under the Paperwork Reduction Act. (NASA
paragraphs (1) and (2))
(1) NFS requirements. The following OMB control numbers apply:
------------------------------------------------------------------------
OMB control
NFS segment No.
------------------------------------------------------------------------
1815.406-70(b)(5)(iii)..................................... 2700-0082
1815.608-72................................................ 2700-0080
1819....................................................... 2700-0073
1819.72.................................................... 2700-0078
1827....................................................... 2700-0052
1843....................................................... 2700-0054
NF 533..................................................... 2700-0003
NF 667..................................................... 2700-0004
NF 1018.................................................... 2700-0017
------------------------------------------------------------------------
(2) Solicitations and contracts. Various requirements in a
solicitation or contract, generally in the statement of work, are not
tied to specific paragraphs cleared in paragraph (1) of this section,
yet require information collection or recordkeeping. The following OMB
control numbers apply to these requirements: 2700-0086 (acquisitions up
to $25,000), 2700-0087 (solicitations that may result in bids or
proposals not exceeding $500,000), 2700-0085 (solicitations that may
result in bids or proposals exceeding $500,000), 2700-0088 (contracts
not exceeding $500,000), and 2700-0089 (contracts exceeding $500,000).
Subpart 1801.2--Aministration
1801.270 Amendment of regulation.
1801.270-1 Revisions.
The NFS is amended by publishing amendments in the Federal Register
and issuing NFSDs containing loose-leaf replacement pages revising
various segments of it (also see 1801.270-2). Each replacement page
bears the NFSD number and page number at the top. A vertical bar at the
side of a line indicates that a change has been made within that line.
1801.270-2 Procurement Notices.
(a) The NFS is amended by publishing amendments in the Federal
Register and issuing Procurement Notices (PNs) when it is necessary or
advisable to change the NFS in advance of an NFSD.
(b) Unless otherwise indicated, each PN remains in effect until the
effective date of the subsequent NFSD incorporating the PN or until
specifically canceled.
1801.270-3 Effective date.
(a) Compliance with a revision to the NFS shall be in accordance
with the NFSD or PN containing the revision.
(b) Unless otherwise stated, solicitations that have been issued,
and bilateral agreements for which negotiations have been completed,
before the receipt of new or revised contract clauses need not be
amended to include the new or revised clauses if including them would
unduly delay the acquisition.
1801.270-4 Numbering.
NFSDs and PNs are numbered consecutively, prefixed by the last two
digits of the calendar year of issuance of the current edition of the
NFS.
1801.271 NASA procedures for FAR and NFS changes.
(a) Informal suggestions for improving the NFS, including
correction of errors, should be directed to the Headquarters Office of
Procurement (Code HK).
(b) (1) Formal requests for changes to the FAR or the NFS should be
written and contain
(i) A description of the problem the suggested revision is designed
to cure,
(ii) The revision in the form of a marked-up copy of the current
FAR or NFS language or the text of any additional language,
(iii) The consequences of making no change and the benefits to be
expected from a change, and
(iv) Any other information necessary for understanding the
situation, such as relationship between FAR and NFS coverage, legal
opinions, coordination with other offices, and existing agreements.
(2) Formal requests for FAR and NFS changes should be sent to Code
HK. Requests from Headquarters offices should originate at the division
level or higher, while installation requests should be signed at the
procurement officer or higher level.
1801.272 Procurement Information Circulars.
(a) The Procurement Information Circular (PIC) is used for internal
dissemination of procurement-related information and directives not
suitable for inclusion in the NFS. Code HK is responsible for issuing
PICs.
(b) PICs are numbered on a calendar year basis, beginning with
number 1, prefixed by the last two digits of the year.
[[Page 40536]]
Subpart 1801.3--Agency Acquisition Regulations
1801.301 Policy. (NASA supplements paragraphs (a) and (b))
(a) (2) Heads of NASA field installations may prescribe policies
and procedures that do not have a significant effect beyond the
internal operating procedures of their installations. All other
policies, procedures, and solicitation and contract provisions and
clauses must be forwarded to the Headquarters Office of Procurement
(Code HK) for approval in accordance with 1801.271(b).
(b) (i) 41 U.S.C. 418b requires publication of NFS changes for
public comment where there will be a significant effect beyond the
internal operating procedures of the agency or a significant cost or
administrative impact on contractors or offerors. However, it does not
define ``significant effect beyond the internal operating procedures''
or ``significant cost or administrative impact.'' Examples of policies
or procedures that fall in either of these categories are:
(A) A contract clause requiring contractors to take precautions to
avoid injury to Florida manatees, which have been designated as an
endangered species, has a significant cost impact for contractors who
must obtain protective devices for boat propellers and take other
safety actions.
(B) A contract clause requiring contractors to follow the
Government's holiday schedule, thereby disallowing premium pay for work
on contractor-designated holidays, will have an effect outside the
internal operating procedures of the agency.
(C) A contract clause requiring contractors to segregate costs by
appropriations will affect the contractor's internal accounting system
and have a significant impact.
(D) Requiring contractor compliance with NASA's Space
Transportation System Personnel Reliability Program will have an effect
outside the internal operating procedures of the agency.
(ii) In contrast, the following would not have to be publicized for
public comment:
(A) Security procedures for identifying and badging contractor
personnel to obtain access at a NASA installation.
(B) A one-time requirement in a construction contract for the
contractor to develop a placement plan and for inspection prior to any
concrete being placed. (This is a part of the specification or
statement of work.)
(C) A policy that requires the NASA installation to maintain copies
of unsuccessful offers.
1801.303 Publication and codification. (NASA supplements paragraph
(a))
(a) Part, subpart, and section numbers 70 through 89 are reserved
for NFS supplementary material for which there is no FAR counterpart.
Subpart 1801.4--Deviations From the FAR
1801.400 Scope of subpart.
This subpart prescribes the policies and procedures for authorizing
deviations from the FAR and the NFS.
1801.471 Procedure for requesting deviations.
(a) Requests for authority to deviate from the FAR or the NFS shall
be submitted by the Procurement Officer to the Headquarters Office of
Procurement (Code HS).
(b) Each request for a deviation shall contain, as a minimum--
(1) Identification of the FAR or the NFS requirement from which a
deviation is sought;
(2) A full description of the deviation, the circumstances in which
it will be used, and the specific contract action(s) to which it
applies;
(3) A description of its intended effect;
(4) A statement as to whether the deviation has been requested
previously and, if so, the circumstances of the previous request;
(5) Identification of the contractor(s) and the contract(s)
affected, including dollar value(s);
(6) Detailed reasons supporting the request, including any
pertinent background information; and
(7) A copy of counsel's concurrence or comments.
(c) In addition to the information required by 1801.471(b),
requests for individual deviations from FAR cost principles under FAR
31.101 should include a copy of the contractor's request for cost
allowance.
Subpart 1801.6--Career Development, Contracting Authority, and
Responsibilities
1801.601 General.
The authority to contract for authorized supplies and services is
delegated to the Associate Administrator for Procurement and
installation officials by NPD 5101.32.
1801.602-3 Ratification of unauthorized commitments. (NASA supplements
paragraphs (b) and (c))
(b) Policy. Individuals making unauthorized commitments may be
subject to disciplinary action, and the issue may be referred to the
Office of Inspector General.
(c)(7) The authority in FAR 1.602-3 may be exercised only when--
(A) The Government employee who made the unauthorized commitment,
or his/her supervisor, if appropriate, initiates a procurement request
in accordance with 1804.7301.
(B) The procurement request and/or accompanying documentation
identifies the individual who made the unauthorized commitment, and
includes a statement signed by the individual that explains why normal
acquisition procedures were not followed, explains why the firm was
selected, lists other sources considered, describes the work, and
estimates or states the agreed price. If the Government representative
who made the unauthorized commitment is no longer available,
appropriate program personnel shall provide the information described
in this paragraph.
(C) The procurement request is submitted through the director of
the cognizant program office at the contracting activity, or comparable
official. In the procurement request, the director shall describe
measures taken to prevent the recurrence of the unauthorized
commitment.
1801.603 Selection, appointment, and termination of appointment.
1801.603-2 Selection.
Normally, only GS-1102 and -1105 personnel with the proper training
and experience may be appointed contracting officers and only when a
valid organizational need can be demonstrated.
1801.670 Delegations to contracting officer's technical
representatives (COTRs).
A COTR delegation may be made only by the contracting officer
cognizant of that contract at the time the delegation is made. If the
cognizant contracting officer is absent, the delegation letter may be
signed by a warranted contracting officer at any level above the
cognizant contracting officer. An individual COTR may have only the
duties specifically identified in a written delegation to him or her by
name (i.e., COTR duties may not be delegated to a position) and has no
authority to exceed them. COTRs should be informed that they may be
personally liable for unauthorized commitments. Contracting officer
authority to sign or
[[Page 40537]]
authorize contractual instruments shall not be delegated through a COTR
designation or by any means other than a contracting officer warrant.
Subpart 1801.7--Determinations and Findings
1801.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is
specified in the FAR or the NFS text for the associated subject matter.
The Administrator may make any of the D&Fs that may be made by the
Associate Administrator for Procurement or by a contracting officer.
1801.770 Legal review.
Each D&F, including class D&Fs, shall be reviewed by counsel for
form and legality before signature by the approving authority.
3. Part 1802 is revised to read as follows:
PART 1802--DEFINITIONS OF WORDS AND TERMS
1802.000 Scope of part.
Subpart 1802.1--Definitions
1802.101 Definitions.
Authority: 42 U.S.C. 2473(c)(1)
PART 1802--DEFINITIONS OF WORDS AND TERMS
1802.000 Scope of part.
Commonly used words and terms are defined in FAR subpart 2.1. This
part 1802 gives NASA-specific meanings for some of these words and
terms and defines other words and terms commonly used in the NASA
acquisition process.
Subpart 1802.1--Definitions
1802.101 Definitions.
Administrator means the Administrator or Deputy Administrator of
NASA.
Contracting activity in NASA includes the NASA Headquarters
installation and the following field installations: Ames Research
Center, Dryden Flight Research Center, Goddard Space Flight Center,
Johnson Space Center, Kennedy Space Center, Langley Research Center,
Lewis Research Center, Marshall Space Flight Center, Space Station
Program Office and Stennis Space Center.
Head of the agency or agency head means the Administrator or Deputy
Administrator of NASA.
Head of the contracting activity means, for field installations,
the Director or other head and, for NASA Headquarters, the Associate
Administrator for Headquarters Operations.
Procurement officer means the chief of the contracting office, as
defined in FAR 2.101.
Senior Procurement Executive means the Associate Administrator or
Deputy Associate Administrator for Procurement, Office of Procurement,
NASA Headquarters (Code H).
4. Part 1803 is revised to read as follows:
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1803.1--Safeguards
1803.101 Standards of conduct.
1803.101-1 General.
1803.101-2 Solicitation and acceptance of gratuities by Government
personnel.
1803.104 Procurement integrity.
1803.104-4 Definitions.
1803.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
1803.104-7 Postemployment restrictions applicable to Government
officers and employees serving as procurement officials and
certifications required from procurement officials leaving
Government service.
1803.104-8 Knowing violations, duty to inquire, and ethics advisory
opinions.
1803.104-11 Processing violations or possible violations.
1803.104-12 Ethics program training requirements.
Subpart 1803.2--Contract or Gratuities to Government Personnel
1803.203 Reporting suspected violations of the Gratuities clause.
Subpart 1803.3--Reports of Suspected Antitrust Violations
1803.303 Reporting suspected antitrust violations.
Subpart 1803.5--Other Improper Business Practices
1803.502 Subcontractor kickbacks.
Subpart 1803.6--Contracts With Government Employees or Organizations
Owned or Controlled by Them
1803.602 Exceptions.
Subpart 1803.7--Voiding and Rescinding Contracts
1803.704 Policy.
1803.705 Procedures.
Subpart 1803.8--Limitation on the Payment of Funds to Influence Federal
Transactions
1803.804 Policy.
1803.806 Processing suspected violations.
Authority: 42 U.S.C. 2473(c)(1)
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1803.1--Safeguards
1803.101 Standards of conduct.
1803.101-1 General.
The statutory prohibitions and their application to NASA personnel
are discussed in NHB 1900.1, Standards of Conduct for NASA Employees,
and NHB 1900.2, Standards of Conduct for NASA Special Government
Employees. All NASA personnel involved in acquisitions shall become
familiar with these statutory prohibitions. Any questions concerning
them shall be referred to legal counsel. In addition to criminal
penalties, the statutes provide that transactions entered into in
violation of these prohibitions are voidable (18 U.S.C. 218).
1803.101-2 Solicitation and acceptance of gratuities by Government
personnel.
Any suspected violations shall be reported promptly to the
installation's Office of Inspector General. (See Standards of Conduct
for NASA Employees, NHB 1900.1.)
1803.104 Procurement integrity.
1803.104-4 Definitions.
Designated agency ethics official means for Headquarters, the
General Counsel, and the Associate General Counsel for General Law, and
for each center, the Chief Counsel.
1803.104-5 Disclosure, protection, and marking of proprietary and
source selection information. (NASA supplements paragraphs (c) and (d))
(c)(i) The originator of information that may be source selection
information shall consult with the contracting officer or the
procurement officer, who shall determine whether the information is
source selection information. NASA personnel responsible for preparing
material described in FAR 3.104-4(k)(2)(i) through (ix) shall assure
that the material is marked with the legend in FAR 3.104-5(c) at the
time the material is prepared.
(ii) Unless marked with the legend ``SOURCE SELECTION INFORMATION--
SEE FAR 3.104,'' draft specifications, purchase descriptions, and
statements of work are not considered source selection information and
may be released during a market survey in order to determine the
capabilities of potential competitive sources (see FAR subpart 7.1).
All documents, once released, must remain
[[Page 40538]]
available to the public until the conclusion of the acquisition.
(d)(1) Government employees serving in the following positions are
authorized access to proprietary or source selection information, but
only to the extent necessary to perform their official duties:
(A) Personnel participating in source evaluation board (SEB)
procedures under 1870.303, App. I, or personnel evaluating an offeror's
or bidder's technical or cost proposal under other competitive
procedures, and personnel evaluating protests.
(B) Personnel assigned to the contracting office.
(C) The initiator of the procurement request (to include the
official having principal technical cognizance over the requirement).
(D) Small business specialists.
(E) Personnel assigned to counsel's office.
(F) Personnel assigned to the Defense Contract Audit Agency and
contract administration offices of the Department of Defense.
(G) Personnel responsible for the review and approval of documents
in accordance with the Master Buy Plan Procedure in subpart 1807.71.
(H) Other government employees authorized by the contracting
officer.
(I) Supervisors, at any level, of the personnel listed in
paragraphs 1803.104-5(d)(1) (A) through (H).
(J) Duly designated ombudsman.
(3) For contracts and contract modifications over $100,000, release
of proprietary or source selection information to another Government
activity shall be made by a letter citing the obligation under FAR
3.104-5(d) to maintain a list of persons or classes of persons
authorized access to proprietary or source selection information and to
provide the list to the contracting officer for the contract file.
1803.104-7 Postemployment restrictions applicable to Government
officers and employees serving as procurement officials and
certifications required from procurement officials leaving Government
service. (NASA supplements paragraph (a))
(a) The contracting officer shall obtain the following
certification from any procurement official leaving the Government or
transferring to another Government agency or any contractor employee
serving as a procurement official who ceases performance of those
duties during the conduct of an acquisition expected to result in a
contract or modification in excess of $100,000.
(Certification)
PROCUREMENT OFFICIAL CERTIFICATION UPON TERMINATION OF GOVERNMENT
SERVICE
I, [Name of procurement official], hereby certify that I
understand the continuing obligation under Section 27 of the Office
of Federal Procurement Policy Act (41 U.S.C. 423) not to disclose
proprietary or source selection information relating to any ongoing
acquisition for which I have served as a procurement official.
Signature of procurement official and date ______________
Identify applicable acquisitions (ones for which awards have not
been made at the time of the procurement official's departure):
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF
AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
1803.104-B Knowing violations, duty to inquire, and ethics advisory
opinions.
When a contracting officer has not been appointed, questions
regarding whether information is proprietary or source selection
information shall be referred to the procurement officer.
1803.104-11 Processing violations or possible violations. (NASA
supplements paragraphs (a), (b) and (f))
(a)(1) The Procurement Officer is the individual designated to
receive the contracting officer's report of violations in accordance
with FAR 3.104-11.
(b) The head of the contracting activity (HCA) or designee shall
refer all information describing an actual or possible violation to the
installation's counsel and inspector general staff and to the Associate
Administrator for Procurement (Code HS).
(f) When the HCA or designee determines that award is justified by
urgent and compelling circumstances or is otherwise in the interest of
the Government, then that official shall submit a copy of the
determination to the Associate Administrator for Procurement (Attn:
Code HS) simultaneous with transmittal to the Administrator.
1803.104-12 Ethics program training requirements. (NASA supplements
paragraph (a))
(a)(3) Individuals who will serve as procurement officials shall
complete either Optional Form 333 or the following certification. The
Privacy Act Notice is intended for use when either the executed
Optional Form 333 or the executed certification will be filed in the
employee's official personnel file and a social security number is
needed. When an individual's social security number is being requested,
Centers may use the attached Privacy Act Notice or an appropriate
alternative Privacy Act Notice. The Privacy Act Notice may be omitted
if a social security number is not being requested.
(Certification)
PROCUREMENT INTEGRITY CERTIFICATION FOR PROCUREMENT OFFICIALS
As a condition of serving as a procurement official, I, [Name],
hereby certify that I am familiar with the provisions of subsections
27(b), (c), and (e) of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) as amended by section 814 of Public Law 101-189. I
further certify that I will not engage in any conduct prohibited by
such subsections and will report immediately to the contracting
officer any information concerning a violation or possible violation
of subsections 27 (a), (b), (d), or (f) of the Act and applicable
implementing regulations. A written explanation of subsections 27(a)
through (f) has been made available to me. I understood that, should
I leave the Government during the conduct of an acquisition for
which I have served as a procurement official, I have a continuing
obligation under section 27 not to disclose proprietary or source
selection information relating to the acquisition and a requirement
to so certify.
I understand that my execution of this certification does not
make me a procurement official, nor will it be utilized to establish
that I am a procurement official.
Signature and date
(End of certification)
(Notice)
Name
Social Security Number
PRIVACY ACT NOTICE TO EMPLOYEES AND OFFICIALS
In accordance with the Privacy Act of 1974, as amended (5 U.S.C.
552a), the following notice is provided: AUTHORITY FOR COLLECTION OF
INFORMATION: 41 U.S.C. 423 and Executive Order 9397. Your signature
on the Procurement Integrity Certification for Procurement Officials
and disclosure of your Social Security Number are voluntary, but
possible effects upon you if the certification is not signed and the
Social Security Number is not provided include the following:
Disqualification from particular work or duty assignments, or
from the position for which you have applied or which you currently
hold, or other appropriate action, or administrative delay in
processing your certification.
Principal purpose for collection of this information:
To obtain and maintain a completed certification from any person
designated as a ``Procurement Official,'' as defined by 41 U.S.C.
423 and applicable acquisition regulations.
Routine uses which may be made of the collected information:
Transfers to Federal, state, local, or foreign agencies when
relevant to civil, criminal,
[[Page 40539]]
administrative, or regulatory investigations or proceedings,
including transfer to the Office of Government Ethics in connection
with its program oversight responsibilities, or pursuant to a
request by any appropriate Federal agency in connection with hiring,
retention, or grievance of an employee or applicant, the issuance of
a security clearance, the award or administration of a contract, the
issuance of a license, grant, or other benefit, to committees of the
Congress, or any other use specified by the Office of Personnel
Management (OPM) in the system of records entitled ``PM/GOT-1.
General Personnel Records,'' as published in the Federal Register
periodically by OPM.
(End of Notice)
Subpart 1803.2--Contract or Gratuities to Government Personnel
1803.203 Reporting suspected violations of the Gratuities clause.
Any suspected violations of the clause at FAR 52.203-3, Gratuities,
shall be reported to the installation's Office of Inspector General.
Subpart 1803.3--Reports of Suspected Antitrust Violations
1803.303 Reporting suspected antitrust violations. (NASA supplements
paragraphs (b) and (d))
(b)(i) When offers are received that, in the opinion of the
contracting officer, indicate possible antitrust violations, the
contracting officer shall report the circumstances to the General
Counsel, NASA Headquarters, through the Office of Procurement (Code
HS). Reports should not be submitted automatically but only when there
is reason to believe the offers may not have been arrived at
independently. These reports shall be submitted with conformed copies
of bids or proposals, contract documents, and other supporting data,
and shall set forth--
(A) The noncompetitive pattern or situation under consideration;
(B) Purchase experience in the same product or service for a
reasonable period (one or more years) preceding receipt of the offers
under consideration, including unit and total contract prices and
abstracts of bids;
(C) Community of financial interest among offerors, insofar as it
is known;
(D) The extent, if any, to which specification requirements or
patents restrict competition;
(E) Any information available about the pricing system employed in
offers believed to reflect noncompetitive practices; and
(F) Any other pertinent information.
(ii) Evidence of practices that, in the opinion of he General
Counsel, NASA Headquarters, may violate the antitrust laws shall be
forwarded to the Attorney General of the United States (see FAR 3.303).
(d) The contracting officer shall submit the identical bid report
required by FAR 3.303(d) to NASA Headquarters, Office of Procurement
(Code HS). The report shall include the reasons for suspecting
collusion. Code HS shall forward a copy to the NASA Office of the
Inspector General.
Subpart 1803.5--Other Improper Business Practices
1803.502 Subcontractor kickbacks.
Contracting officers shall report suspected violations of the Anti-
Kickback Act in accordance with 1809.470.
Subpart 1803.6--Contracts With Government Employees or
Organizations Owned or Controlled by Them
1803.602 Exceptions.
The Associate Administrator for Procurement has been delegated the
authority to authorize an exception to the policy in FAR 3.601. The
Associate Administrator for Procurement has redelegated this authority
to the heads of contracting activities (HCAs) for individual actions in
the aggregate of $100,000 and below, inclusive of follow-on
acquisitions, with concurrence by the HCA's Office of Chief Counsel.
All requests above the HCA's authority shall be forwarded to the
Associate Administrator for Procurement (Code HS) for approval.
Subpart 1803.7--Voiding and Rescinding Contracts
1803.704 Policy. (NASA supplements paragraph (a))
(a) The Associate Administrator for Procurement has been delegated
authority to void or rescind contracts when there is a final conviction
for violation of 18 U.S.C. 201-224 (Bribery, Graft and Conflicts of
Interest) relating to them.
1803.705 Procedures.
Procurement officers shall make reports to the Associate
Administrator for Procurement (Code HS). The Associate Administrator
for Procurement is responsible for the actions, notices, and decisions
required by FAR 3.705(c), (d), and (e).
Subpart 1803.8--Limitation on the Payment of Funds to Influence
Federal Transactions
1803.804 Policy
Procurement officers shall forward one copy of each Disclosure of
Lobbying Activities (SF-LLL) furnished pursuant to FAR 3.803 to the
Office of Procurement (Code HS). The original shall be retained in the
contract file. Forms shall be submitted semi-annually by April 15th for
the six-month period ending March 31st, and by October 15th for the
period ending September 30th.
1803.806 Processing suspected violations.
The Associate Administrator for Procurement (Code HS) is the
designated official to whom suspected violations of the Act shall be
referred.
5. Part 1804 is revised as set forth below:
PART 1804--ADMINISTRATIVE MATTERS
Subpart 1804.1 Contract Executive
1804.103 Contract clause.
1804.170 Contract effective date.
Subpart 1804.2 Contract Distribution
1804.202 Agency distribution requirements.
Subpart 1804.4 Safeguarding Classified Information Within Industry
1804.402 General.
1804.404-70 Contract clause.
1804.470 Security requirements for unclassified automated
information resources.
1804.470-1 Scope.
1804.470-2 Policy.
1804.470-3 Contract clauses.
Subpart 1804.6 Contract Reporting
1804.601 Record requirements.
1804.602 Federal Procurement Data System.
1804.670 Individual Procurement Action Report (NASA Form 507
series).
1804.670-1 Applicability and coverage.
1804.670-2 Submission due date.
1804.670-3 Preparing Individual Procurement Action Reports (NASA
Forms 507, 507A, 507B, 507G, and 507M).
1804.671 Committee on Academic Science and Engineering (C.A.S.E.)
Report.
Subpart 1804.8 Government Contract Files
1804.802-70 Handling of classified material.
1804.803 Contents of contract files.
1804.803-70 Checklist.
1804.804 Closeout of contract files.
1804.804-2 Closeout of the contracting office files if another
office administers the contract.
1804.804-5 Detailed procedures for closing out contract files.
1804.805 Storage, handling, and disposal of contract files.
1804.805-70 Review, separation, and retirement of contract files.
Subpart 1804.70 Transfer of Contracting Office Responsibility
1804.7000 Scope of subpart.
1804.7001 Definition.
1804.7002 Approval of transfer requests.
[[Page 40540]]
1804.7003 Responsibilities of the contracting officer of the
transferring installation.
1804.7003-1 Coordinations.
1804.7003-2 File inventory.
1804.7003-3 Notifications.
1804.7003-4 Transfer.
1804.7003-5 Retention documentation.
1804.7004 Responsibilities of the contracting officer of the
receiving installation.
1804.7004-1 Pre-transfer file review.
1804.7004-2 Post-transfer actions.
Subpart 1804.71--Uniform Acquisition Instrument Identification
1804.7100 Scope of subpart.
1804.7101 Policy.
1804.7102 Prefixes.
1804.7103 Serial numbers.
1804.7104 Modifications of contracts or agreements.
Subpart 1804.72--Review and Approval of Contractual Instruments
1804.7200 Contract review by Headquarters.
Subpart 1804.73--Procurement Requests
1804.7301 General.
Authority: 42 U.S.C. 2473(c)(1)
PART 1804--ADMINISTRATIVE MATTERS
Subpart 1804.1--Contract Execution
1804.103 Contract clause.
The contracting officer shall include the clause at FAR 52.204-
1, Approval of Contract, in solicitations, contracts, and
supplemental agreements that require higher level approval. For
actions requiring Headquarters approval, insert ``NASA Associate
Administrator for Procurement'' in the clause's blank space.
1804.170 Contract effective date.
(a) Contract effective date means the date agreed upon by the
parties for beginning the period of performance under the contract.
In no case shall the effective date precede the date on which the
contracting officer or designated higher approval authority signs
the document.
(b) Costs incurred before the contract effective date are
unallowable unless they qualify as precontract costs (see FAR
31.205-32) and the clause prescribed at 1831.205-70 is used.
Subpart 1804.2--Contract Distribution
1804.202 Agency distribution requirements
In addition to the requirements in FAR 4.201, the contracting
officer shall distribute one copy of each R&D contract, including the
Statement of Work, to the NASA Center for AeroSpace Information (CASI),
Attention: Document Processing Section, 800 Elkridge Landing Road,
Linthicum Heights, MD 21090-2934.
Subpart 1804.4--Safeguarding Classified Information Within Industry
1804.402 General. (NASA supplements paragraph (b))
(b) NASA industrial security policies and procedures are prescribed
in NMI 1600.2, NASA Security Program. (See also 1842.202-72).
1804.404-70 Contract clause.
The contracting officer shall insert the clause at 1852.204-75,
Security Classification Requirements, in solicitations and contracts if
work is to be performed will require security clearances. This clause
may be modified to add instructions for obtaining security clearances
and access to security areas that are applicable to the particular
acquisition and installation.
1804.470 Security requirements for unclassified automated information
resources.
1804.470-1 Scope.
This section implements the acquisition-related aspects of Federal
policies for assuring the security of unclassified automated
information resources.
1804.470-2 Policy.
NASA policies and procedures on automated information security are
prescribed in NMI 2410.7, Assuring the Security and Integrity of NASA
Automated Information Resources, and in NHB 2410.9, NASA Automated
Information Security Handbook, Chapters 3 and 4. Security requirements
for safeguarding sensitive information in unclassified Federal computer
systems are required in:
(a) Contracts for automatic data processing equipment, software,
the management or operation of Data Processing Installations (DPIs) or
related services; and
(b) Contracts under which contractor personnel must have physical
or electronic access to sensitive automated information, or automated
information that supports mission-critical functions.
1804.470-3 Contract clauses.
The contracting officer shall insert the clause substantially as
stated at 1852.204-76, Security Requirements for Unclassified Automated
Information Resources, in solicitations and contracts involving
unclassified automated information resources. Paragraph (a) of the
clause shall be completed with information supplied by the cognizant
requiring activity.
Subpart 1804.6--Contract Reporting
1804.601 Record requirements.
The Headquarters Office of Procurement (Code HC) is responsible for
meeting the requirements of FAR 4.601, based on installation submission
of Individual Procurement Action Reports (NASA Form 507 series) data.
1804.602 Federal Procurement Data System. (NASA supplements paragraph
(d))
(d) Code HC is responsible for requesting, obtaining, and reporting
Contractor Establishment Codes to the FPDS.
1804.670 Individual Procurement Action Report (NASA Form 507 series).
The Individual Procurement Action Report and Supplements (NASA Form
507 series) provide essential procurement records and statistics
through a single uniform reporting program as a basis for required
recurring and special reports to Congress, Federal Procurement Data
Center, and other Federal agencies. The preparation and utilization of
the NASA Form 507 series are integral parts of the agencywide Financial
and Contractual Status (FACS) system.
Sec. 1804.670-1 Applicability and coverage.
The following procurement actions are individually reportable and
require the completion of one or more of the forms in the 507 series.
(a) Initial basic procurements. (1) All contracts, regardless of
dollar obligation amount.
(2) All grants, cooperative agreements, and funded Space Act
agreements.
(3) Intragovernmental procurements and purchase orders when the
initial value is more than $25,000.
(4) All purchase orders for advisory and assistance services.
(5) Purchase orders of $25,000 or less for services within the four
designated industry groups identified at FAR 19.1005(a) under the Small
Business Competitiveness Demonstration Program. (These actions are not
FACS reportable, but are required for FPDS reports.)
(b) Modifications. Modifications that
(1) Obligate or deobligate funds, regardless of dollar amount,
(2) Change the estimated cost and/or fee,
(3) Extend the completion date, or
(4) Add or change procurement statistics previously reported.
1804.670-2 Submission due date.
The FACS report shall have information as of the last day of the
month and shall arrive in NASA Headquarters not later than the close of
[[Page 40541]]
business on the fifth work day following each month being reported. The
installation procurement officer should establish an agreement with the
installation financial officer on a cut-off date for processing
contractual documents to ensure that the FACS procurement submission
and the FACS financial submission for the month include the same
contracts.
1804.670-3 Preparing Individual Procurement Action Reports (NASA Forms
507, 507A, 507B, 507G, and 507M).
(a) The information required by the following forms shall be
provided when submitting individual Procurement Action Reports:
(1) New contract awards--NASA Forms 507, 507A, and 507B.
(2) New grants, cooperative agreements, funded Space Act
agreements, intragovernmental agreements, and orders against federal
supply schedules--NASA Forms 507G and 507B.
(3) Modifications to any procurement action--NASA Forms 507M and,
if necessary, 507B.
(b) The NASA Forms 507 series shall be prepared in accordance with
instructions issued by Code HC. These instructions will be issued and
updated through Procurement Information Circulars (PICs).
1804.671 Committee on Academic Science and Engineering (C.A.S.E.)
Report.
NASA Form 1356, C.A.S.E. Report on College and University Projects,
shall be prepared for awards to nonprofit institutions of higher
education or to nonprofit institutions that are operationally
affiliated or integrated with an educational institution. Information
on this form is used to produce reports required by the National
Science Foundation and to respond to inquiries. Submission is required
regardless of instrument type (contract, grant, cooperative agreement,
or funded Space Act agreement) and type of proposal (solicited or
unsolicited). Instructions appear on the form itself and constitute the
detailed guidance for preparation and submission. The form, which is
either included with the acquisition package or initiated by the
contracting office, shall be completed, reviewed, and promptly
forwarded upon award to the Headquarters Office of Human Resources and
Education (Code FET).
Subpart 1804.8--Government Contract Files
1804.802-70 Handling of classified material.
When a contract is unclassified, classified material relating to
that contract shall be maintained in a separate file folder and
container, and the unclassified folder shall be marked to indicate the
location of the classified material. The front and back of each folder
containing classified material shall be marked with the highest
classification assigned to any document in the folder.
1804.803 Contents of contract files.
1804.803-70 Checklist.
NASA Form 1098, Checklist for Contract Award File Content, shall be
used as the ``top page'' in contract files.
1804.804 Closeout of contract files.
1804.804-2 Closeout of the contracting office files if another office
administers the contract. (NASA supplements paragraph (b))
(b) Upon receiving the NASA Form 1611 or DD Form 1594, Contract
Completion Statement, from the contract administration office and
complying with FAR 4.804-2(b), the contracting officer shall complete
the form.
1804.804-5 Detailed procedures for closing out contract files. (NASA
supplements paragraphs (a) and (b))
(a) When the contracting office retains contract administration
(excluding acquisitions under the simplified acquisition threshold),
the contracting officer shall comply with FAR 4.804-5(a) by completing
NASA Form 1612, Contract Closeout Checklist, and DD Form 1593, Contract
Administration Completion Record.
(b) To comply with FAR 4.804-5(b), the contracting officer shall
complete NASA Form 1611 or DD Form 1594, Contract Completion Statement,
except for acquisitions under the simplified acquisition threshold.
1804.805 Storage, handling, and disposal of contract files. (NASA
supplements paragraph (a))
(a) See NHB 1441.1, NASA Records Disposition Handbook.
1804.805-70 Review, separation, and retirement of contract files.
(a) Upon determination of contract completion under the procedures
outlined in 1804.804, each office shall remove the official contract
files from the active file series, mark each file folder with
``Completed (Date)'', and place the folder in a completed (inactive)
contract file series. Separate series should be established for
contracts of $25,000 or less and for contracts of more than $25,000, to
facilitate later disposal. Any original or official file copies of
documents contained in duplicate or ``working'' contract files shall be
removed and placed in the appropriate official file; any remaining
material in the duplicate or ``working'' file shall be destroyed
immediately or segregated and marked for early disposal.
(b) Each office shall review contractor ``general'' files (i.e., a
file containing documents relating generally to a contractor rather
than a specific contract) at least once annually and remove documents
that--
(1) Are obsolete or superseded documents relating generally to the
contractor (e.g., documents no longer pertinent to any aspect of a
contractor's current or future capability, performance, or programs,
and documents relating to a contractor that is no longer a possible
source of supplies, services, or technical assistance) and dispose of
the documents as authorized in 1804.805; or
(2) Pertain only to completed contracts. Place those files that are
not routine in nature in inactive files for later disposal, and
immediately dispose of routine documents as authorized in NHB 1441.1,
NASA Records Disposition Handbook.
Subpart 1804.70--Transfer of Contracting Office Responsibility
1804.7000 Scope of subpart.
This subpart contains policies and procedures applicable to the
transfer of contracts between NASA installations.
1804.7001 Definition.
Transfer of a contract, as used in this subpart, means that process
whereby a contract and all future responsibility for a contract held by
one installation are transferred or reassigned in writing to another
installation.
1804.7002 Approval of transfer requests.
(a) The approval authority for requests to transfer a contract is
the official in charge of the cognizant Headquarters program office or
designee. Requests for approval shall be submitted by the director of
the transferring installation after receiving the concurrence of the
director of the receiving installation. Concurrence of the Associate
Deputy Administrator (Code AI) is also required for a transfer where an
installation's roles and missions may be affected.
(b) Approval of a program transfer by the cognizant Headquarters
official
[[Page 40542]]
constitutes approval to transfer program-related contracts.
1804.7003 Responsibilities of the contracting officer of the
transferring installation.
1804.7003-1 Coordinations.
The contracting officer of the transferring installation shall take
the following steps before transferring the contract:
(a) Agree on a plan and schedule with the contracting officer of
the receiving installation for transferring contract responsibility and
contract files.
(b) Coordinate with the following offices:
(1) Financial Management Office, to determine the contract
financial records to be transferred and the method, timing, and dollar
amount of such transfers.
(2) Technical (Engineering and Project) Office, to determine the
status of any outstanding engineering changes.
(3) Reliability and Quality Assurance Office, to determine status
and method of transferring the reliability and quality assurance
functions.
(4) Industrial Property and Facilities Office, to determine the
method of transferring the Government property records.
(5) Transportation Office, to determine the status of bills of
lading furnished the contractor.
(6) Security Office, to determine whether any classified material
is outstanding and whether special precautions are necessary during the
transfer process.
(7) Other organizational elements, to determine the status of any
other actions such as new technology, materials reports, PERT, and
safety.
1804.7003-2 File inventory.
The contracting officer of the transferring installation shall
prepare an inventory of the contract file. This inventory shall also
include a separate listing of all outstanding requests for contract
administration assistance issued to other Government agencies,
indicating the name and address of the agency office, functions
requested to be performed, estimated cost of the services, and
estimated reimbursement due the administration agency for the services
yet to be performed for each requested function. Copies of this
inventory shall be provided to the contracting officer of the receiving
installation.
1804.7003-3 Notifications.
The contracting officer of the transferring installation shall
provide written notification of the planned transfer to the contractor
and all agencies performing or requested to perform administration
services.
1804.7003-4 Transfer.
(a) Upon completion of the actions described in 1804.7003-1 through
1804.7003-3, the contracting officer of the transferring installation
shall issue a letter to the contractor, agencies performing contract
administration functions, contracting officer representatives, and the
contracting officer of the receiving installation. This letter shall
provide notification of the transfer date, termination of appointment
of the contracting officer's representatives, and the name, mailing
address, and telephone number of the contracting officer of the
receiving installation.
(b) After issuing the letters described in 1804.7003-4(a), the
contracting officer of the transferring installation shall send the
contract file to the contracting officer of the receiving installation
with a letter transferring contract responsibility. This letter shall
contain a provision for acceptance of the responsibility for the
contract and its related files by the contracting officer of the
receiving installation.
1804.7003-5 Retention documentation.
The contracting officer of the transferring installation shall
retain for permanent file a copy of the approvals and concurrences
required by 1804.7002, the transfer acceptance letter of the
contracting officer of the receiving installation, and any additional
documents necessary for a complete summary of the transfer action.
1804.7004 Responsibilities of the contracting officer of the receiving
installation.
1804.7004-1 Pre-transfer file review.
The contracting officer of the receiving installation shall review
the contract, letters of request, actions in process, and other related
files and to request corrective action, if necessary, before the
official transfer of the contract. This review may be waived by written
notification to the contracting officer of the transferring
installation.
1804.7004-2 Post-transfer actions.
The contracting officer of the receiving installation shall--
(a) Provide the contracting officer of the transferring
installation written acceptance of contract responsibility and receipt
of the contract files;
(b) Inform all offices affected within the installation of the
receipt of the contract;
(c) Appoint new contracting officer's technical representatives, as
necessary;
(d) Issue a contract modification to provide for the administrative
changes resulting from the transfer action (e.g., identifying offices
responsible for performing contract administration and making payment
and the office to which vouchers, reports, and data are to be
submitted);
(e) Provide copies of the contract documents to affected
installation offices; and
(f) If appropriate, supplement the letter of request to the
Government agency providing contract administration services to reflect
the changes resulting from the transfer action. The supplement may
terminate or amend an existing contract administration support
arrangement or may request support in additional areas.
Subpart 1804.71--Uniform Acquisition Instrument Identification
1804.7100 Scope of subpart.
This subpart contains the procedures for uniform numbering of NASA
solicitations, contracts (including letter contracts), purchase orders
(including requests to other Government agencies), basic ordering
agreements, other agreements between the parties involving the payment
of appropriated funds or collection of funds for credit to the Treasury
of the United States, and modifications or supplements to these
instruments.
1804.7101 Policy.
(a) Contractual documents shall be numbered with approved prefixes
and serial numbers as prescribed in this subpart. If other
identification is required for center purposes, it shall be placed on
the document in such a location as to clearly separate it from the
identification number.
(b) The identification number shall consist of not more than 11
alpha-numeric characters positioned as prescribed in this subpart and
shall be retained unchanged for the life of the particular instrument.
1804.7102 Prefixes.
(a) Approved prefixes are as follows:
------------------------------------------------------------------------
Purchase order
Installation Contract prefix prefix
------------------------------------------------------------------------
Ames Research Center............... NAS 2............ A
Dryden Flight Research Center...... NAS 4............ E
Goddard Space Flight Center........ NAS 5............ S
Headquarters....................... NASW............. W
[[Page 40543]]
Lyndon B. Johnson Space Center..... NAS 9............ T
John F. Kennedy Space Center....... NAS10............ CC
Langley Research Center............ NAS 1............ L
Lewis Research Center.............. NAS 3............ C
George C. Marshall Space Flight NAS 8............ H
Center.
NASA Management Office-JPL......... NAS 7............ WO
John C. Stennis Space Center....... NAS13............ NS
Space Station Program Office....... NAS15............ K
------------------------------------------------------------------------
(b) The contract prefix shall be used for the following documents:
(1) Contracts, including letter contracts, indefinite-delivery
contracts, utilities, leases of real property and renewals.
(2) Easements.
(3) Basic ordering agreements.
(4) Other written agreements involving payment or receipt of funds
not covered by 1804.7102(e).
(c) Contracts totally funded under reimbursable arrangements with
the department of Energy shall use a DEN prefix instead of the NAS
prefix (e.g., DEN 8 for Marshall).
(d) Space Act agreements awarded under the authority of Section
203(c)(5) or 203(c)(6) of the Space Act shall use an NCA prefix instead
of the NAS prefix (e.g., NCA 8 for Marshall).
(e) The purchase order prefix shall be used for purchase orders
(including blanket purchase agreements) and requests to other
Government agencies to furnish supplies or services.
(f) Solicitations shall be numbered in accordance with installation
procedures, except that in all cases the identifying number shall begin
with the portion of the installation's contract prefix following
``NAS.''
(g) If a prefix is required for an installation or office not
listed in this section, a request for a prefix assignment shall be
submitted to the Headquarters Office of Procurement (Code HC).
1804.7103 Serial numbers.
(a) Installations shall number contracts and agreements identified
in 1804.7102(b) serially by fiscal year. The serial number shall be
five digits beginning with a two-digit fiscal year identifier followed
by a three digits commencing with ``001'' and continuing in succession.
For example, the first contracts awarded by Ames Research Center in
fiscal year 1997 shall be numbered NAS 2 97001 and NAS 2 97002. Fiscal
year identification is optional for Space Act agreements.
(b) Serial number for purchase orders shall be assigned serially
without fiscal year identification. When the series of numbers exceeds
five digits (over 99,999), a new series shall be used, beginning the
series with number ``1'' and followed by the capital letter ``A.''
Should additional series become necessary, they will be distinguished
by the capital letters ``B,'' ``C,'' and so forth, as may be required,
except that the letters ``I'' and ``O'' shall not be used.
1804.7104 Modifications of contracts or agreements.
(a) Modifications of definitive or letter contracts or agreements
shall (1) bear the same identification as the contract or agreement
being modified and (2) be numbered consecutively for each contract or
agreement, beginning with Modification Number 1, regardless of whether
the modification is accomplished by unilateral or bilateral action.
Except for termination notices, modifications shall be effected by the
use of Standard Form 30, Amendment of Solicitation/Modification of
Contract.
(b) Definitive contracts superseding letter contracts shall retain
the same contract number as that originally assigned to the letter
contract. Actions definitizing letter contracts are considered
modifications and shall be assigned modification numbers in accordance
with paragraph (a) of this section.
Subpart 1804.72--Review and Approval of Contractual Instruments
1804.7200 Contact review by Headquarters.
(a) Requests for approval of contracts and supplemental agreements
by the Associate Administrator for Procurement shall be submitted to
the Headquarters Office of Procurement (Code HS) in sufficient time to
allow a minimum of 15 days for review.
(b) Each request for approval shall be accompanied by (1) five
copies of the contractual document, one of which has been executed by
the contractor and contracting officer, and (2) the official contract
file containing the appropriate documentation as set forth in FAR
4.803(a). However, for the items specified in FAR 4.803(a) (10), (11),
and (12), the contracting officer shall provide documentation
pertaining only to the successful offeror; and, in lieu of the items
specified in FAR 4.803(a)(26) (ii) and (iii), the contracting officer
shall provide an index briefly describing the content of all previous
modifications.
(c) The approval required under this section shall be made by
signature of the Associate Administrator for Procurement on the
contract/supplemental agreement.
Subpart 1804.73--Procurement Requests
1804.7301 General.
Except in unusual circumstances, the contracting office shall not
issue solicitations until an approved procurement request, containing a
certification that funds are available, has been received. However, the
contracting office may take all necessary actions up to the point of
contract obligation before receipt of the approved procurement request
certifying that funds are available when--
(a) Such action is necessary to meet critical program schedules;
(b) Program authority has been issued and funds to cover the
procurement will be available prior to the date set for contract award
or contract modification; and
(c) The procurement officer authorizes such action in writing
before solicitation issuance.
(d) The solicitation includes the clause at FAR 52.232-18,
Availability of Funds. The clause shall be deleted from the resultant
contract.
6. Part 1805 is revised as set forth below:
PART 1805--PUBLICIZING CONTRACT ACTIONS
Subpart 1805.1--Dissemination of Information
1805.101 Methods of disseminating information.
Subpart 1805.2--Synopses of Proposed Contracts
1805.201 General.
1805.205 Special situations.
1805.207 Preparation and transmittal of synopses.
1805.207-70 Synopses of Architect-Engineer Services and Federal
Information Processing Resources.
Subpart 1805.3--Synopses of Contract Awards
1805.303 Announcement of contract awards.
1805.303-70 NASA Headquarters public announcement.
1805.303-71 Notification to the Administrator of significant
procurement actions.
Subpart 1805.4--Release of Information
1805.402 General public.
1805.403 Requests from Members of Congress.
Subpart 1805.5--Paid Advertisements
1805.502 Authority.
[[Page 40544]]
Authority: 42 U.S.C. 2473(c)(1).
PART 1805--PUBLICIZING CONTRACT ACTIONS
Subpart 1805.1--Dissemination of Information
1805.101 Methods of disseminating information. (NASA supplements
paragraph (b))
(b)(4) For NASA policy regarding paid advertisements, see 1805.502.
Subpart 1805.2--Synopses of Proposed Contracts
1805.201 General. (NASA supplements paragraph (a))
(a)(i) Except for acquisitions described in (a)(ii) of this
section, a copy of each synopsis shall be made available on the
Internet as well as published in the CBD.
(ii) Midrange acquisitions (see part 1871) with annual values of up
to $500,000 shall be made available only on the Internet.
1805.205 Special situations. (NASA supplements paragraph (a))
(a) Potential sources responding to R&D advance notices shall be
added to the appropriate solicitation mailing list for the subsequent
solicitation and, if they do not appear on the solicitation mailing
lists established in accordance with FAR 14.205-1, shall be requested
to submit Standard Form 129, Solicitation Mailing List Application.
Responding sources on established lists may be requested to submit
amended applications in order to reflect their current capabilities.
1805.207 Preparation and transmittal of synopses.
1805.207-70 Synopses of Architect-Engineer Services and Federal
Information Processing Resources.
(a) Architect-engineering services. (1) Each notice publicizing the
acquisition of architect-engineer services shall be headed ``C.
Architect-Engineer Services.''
(2) In addition to meeting the requirements of FAR 5.207(c), the
project description shall--
(i) State the relative importance the Government attaches to the
significant evaluation criteria and the date by which responses to the
notice must be received, including submission of Standard Form 255,
Architect-Engineer and Related Services Questionnaire for Specific
Project, if required;
(ii) Describe any specialized qualifications, security
classifications, and limitations on eligibility for consideration;
(iii) Describe qualifications or performance data required from
architect-engineer firms; and
(iv) If the acquisition is to be set aside for small business,
state this fact, indicating the specific size standard to be used and
requiring that eligible responding firms submit a small business
representation.
(3) Contracting officers shall add at the end of the synopsis:
See Note 24. Provisions of Note 24 apply to this notice except
that (a) in the sentence beginning ``Selection of firms for
negotiations,'' the fourth additional consideration listed is
changed to read: ``(4) past experience, if any, of the firm with
respect to performance on contracts with NASA, other Government
agencies, and private industry;'' and (b) in the last sentence,
``National Aeronautics and Space Administration'' is substituted for
``Department of Defense.''
(b) Federal Information Processing (FIP) Resources. (1) When total
requirement quantities are expected to satisfy the needs of only a
single field installation, each notice publicizing the acquisition of
FIP resources under an indefinite delivery/idenfinite quantity contract
or under a contract that includes options for additional quantities of
such resources shall include the following:
The ____ (identify contracting activity) is the primary delivery
point for the items described in this synopsis. However, NASA may
order delivery to the following alternate locations: ____ (List
other NASA installations and their locations).
(2) When the contemplated contract will authorize orders from
locations other than the awarding installation, the notice shall fully
describe the ordering scope.
Subpart 1805.3--Synopses of Contract Awards
1805.303 Announcement of contract awards. (NASA supplements paragraph
(a))
(a)(i) In lieu of the $3 million threshold cited in FAR 5.303(a),
NASA Headquarters public announcement is required for award of contract
actions that have a total anticipated value, excluding unexercised
options, of $25 million or greater. This threshold applies to new
awards, contract modifications, and option exercises, but not to
incremental funding or cost overrun modifications.
(A) For undefinitized contract actions, the not-to-exceed (NTE) or
ceiling price value is the face value.
(B) For indefinite delivery, time and material, labor hour, and
similar contracts, the estimated amount of the basic contract is the
face value. Individual orders up to the face value shall not be
announced regardless of value. However, after the face value is
reached, any subsequent modifications or orders of $25 million or
greater must be announced.
(ii) NASA Headquarters public announcement is also required for
award of a contract action with a value of less than $25 million if the
contracting officer believes it to have Agency public information
implications.
(iii) Contractual instruments requiring Headquarters public
announcement shall not be distributed nor shall any source outside NASA
be notified of their status until the public announcement procedures in
1805.303-70 have been completed.
1805.303-70 NASA Headquarters public announcement.
(a) For those contract actions requiring Headquarters public
announcement in accordance with 1805.303, the contracting officer shall
furnish a draft news release including the following information,
through the installation Public Affairs Office, via facsimile
transmission to the Headquarters Office of Public Affairs, News and
Imaging Branch (Code PM):
(1) A brief description of the work, including identification of
the program and project;
(2) Identification of the contract action as either a new contract
or additional work of services under an existing contract;
(3) Contract type. For undefinitized contract actions, identify the
planned contract type of the definitized instrument;
(4) The dollar amount authorized for the instant action and the
estimated total cost of the contract if this is different. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;
(5) Name and address (including zip co
FR Doc. 96-19422 Rewrite of the NASA FAR Supplement (NFS)
de) of the contractor;
(6) Principal work performance locations;
(7) Names and addresses of any unsuccessful offerors.
(b) The information in paragraph (a) of this section shall be
provided to Code PM before transmitting a letter contract to a
contractor for signature. For actions other than letter contracts, the
information should be transmitted to Code PM after contractor
signature, if applicable, no later than 48 hours before the planned
award.
(c) For contract actions requiring Headquarters approval in
accordance with 1804.72, the draft news release required by paragraph
(a) of this section
[[Page 40545]]
shall be provided to the Headquarters Office of Procurement (Code HS)
with the request for approval. Code HS will forward the information to
Code PM after approval.
(d) Code PM will advise the installation Public Affairs Office of
the date public announcement of the contract action will be made.
Installations may proceed with award and local release of the
information no earlier than 4:00 p.m. ET of the date Code PM makes
public announcement. If earlier award is considered appropriate,
installations must request authorization from the Associate
Administrator for Procurement (Code HS).
1805.303-71 Notification to the Administrator of significant
procurement actions.
(a) In addition to the public announcement requirements described
in 1805.303-70, contracting officers shall notify the Administrator of
the following procurement actions at least five (5) workdays prior to
planned public announcement of the actions:
(1) Planned contract award for competitive acquisitions of $25
million or more, including all priced options.
(2) Planned contract award of non-competitive awards and new work
modifications of $100 million or more, including all priced options.
(3) Planned award of other procurement actions at any dollar value
thought to be of significant interest to Headquarters.
(b) To provide notification to the Administrator, the contracting
officer shall send the information listed in paragraphs (b) (1) through
(10) of this subsection to the Headquarters Office of Procurement (Code
HS) via facsimile transmission (202-358-4065). Immediately prior to
transmission, the contracting officer shall notify Code HS by telephone
(202-358-2080) of the impending transmission. In accordance with FAR
3.104-5(c), the contracting officer shall mark all pages that include
source selection information with the legend ``SOURCE SELECTION
INFORMATION--SEE FAR 3.104.'' The following information shall be sent:
(1) Title and a brief nontechnical description of the work,
including identification of the program or project;
(2) Identification of the contract action as either a new contract
or additional supplies or services under an existing contract;
(3) Contract type (including whether a cost contract is completion
or level-of-effort). For undefinitized contract actions, identify the
planned contract type of the definitized instrument;
(4) The total contract value for the instant action including all
priced options. Also include the Government's most probable cost. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;
(5) The name, address, and business size status of the prime
contractor and each major (over $1M) subcontractor;
(6) Small business and small disadvantaged business subcontracting
goals both in dollars and percentage of the value of the action
including all options;
(7) Principal work performance locations;
(8) Brief description of any unusual circumstances;
(9) The names and telephone numbers of the contracting officer and
project manager; and
(10) For competitive selections only, provide on a separate
attachment the names and addresses of all unsuccessful offerors and a
brief explanation of the general basis for the selection.
(c) The field installation shall not proceed with any awards or
announcements until Code HS has advised that the Administrator has been
notified of the proposed action and the supporting information. Once
this advice is received from Code HS, the field installation shall
proceed with the public announcement procedures described in 1805.303-
70.
Subpart 1805.4--Release of Information
1805.402 General public. (NASA paragraphs (1) and (2))
(1) Unless the head of the contracting activity determines that
disclosure would be prejudicial to the interests of NASA, installation
Public Affairs Offices may make public the following information on
NASA acquisitions:
(i) The names of firms invited to submit offers;
(ii) The names of firms that attended any pre-bid or pre-proposal
conference; and
(iii) The names of firms that submitted offers.
(2) Other requests for information under the Freedom of Information
Act shall be processed in accordance with FAR 24.2 and 1824.2.
1805.403 Requests from Members of Congress. (NASA supplements
paragraph (a))
(a) All proposed replies to congressional inquiries shall be
prepared and forwarded, with full documentation, to the Headquarters
Office of Legislative Affairs (Code L) for approval and release.
Subpart 1805.5--Paid Advertisements
1805.502 Authority.
Use of paid advertisements for procurement purposes (except CBD
announcements) is not authorized in NASA.
7. Part 1806 is revised as set forth below:
PART 1806--COMPETITION REQUIREMENTS
Subpart 1806.2--Full and Open Competition After Exclusion of Sources
1806.202 Establishing or maintaining alternative sources.
1806.202-70 Formats.
Subpart 1806.3--Other Than Full and Open Competition
1806.302 Circumstances permitting other than full and open
competition.
1806.302-4 International agreement.
1806.302-470 Documentation.
1806.302-7 Public interest.
1806.303 Justifications.
1806.303-1 Requirements.
1806.303-170 Sole-source purchases by contractors.
1806.303.2 Content.
1806.303-270 Use of unusual and compelling urgency authority.
1806.304-70 Approval of NASA justifications.
Subpart 1806.5--Competition Advocates
1806.501 Requirement.
1806.502 Duties and responsibilities.
Authority: 42 U.S.C. 2473(c)(1)
PART 1806--COMPETITION REQUIREMENTS
Subpart 1806.2--Full and Open Competition After Exclusion of
Sources
1806.202 Establishing or maintaining alternative sources. (NASA
supplements paragraphs (a) and (b))
(a) The authority of FAR 6.202 is to be used to totally or
partially exclude a particular source.
(b) The supporting data and the D&F must name the source to be
excluded and shall include the following information as applicable and
any other relevant information:
(i) The specific purpose to be served in excluding the source as
enumerated in FAR 6.202(a).
(ii) The acquisition history of the supplies or services, including
sources, prices, quantities, and dates of award.
(iii) The circumstances making it necessary to exclude a particular
source from the contract action:
(A) Reasons for lack of sources; e.g., the technical complexity and
criticality of the item.
[[Page 40546]]
(B) Current annual requirement and prospective needs for the
supplies and services.
(C) Projected future requirements.
(iv) Whether the existing source must be totally excluded from the
action or whether a partial exclusion is sufficient.
(v) The potential effect of exclusion on the excluded source in
terms of any loss of capability to furnish the supplies or services in
subsequent contract actions.
(vi) When the authority of FAR 6.202(a)(1) is cited, the basis
for--
(A) Assumptions regarding future competition; and
(B) The determination that exclusion of a particular source will
likely result in reduced overall costs for anticipated future
acquisitions, including (as a minimum) discussion of start-up costs,
costs associated with facilities, duplicative administration costs
(such as for additional inspection or testing), economic order
quantities, and life-cycle-cost considerations.
(vii) When an additional source or additional sources must be
established to provide production capacity to meet current and
mobilization requirements--
(A) The current annual and the mobilization requirements for the
item, citing the source of, or the basis for, the planning data;
(B) A comparison of current production capacity with current and
mobilization requirements; and
(C) The hazards of relying on the present source and the time
required for new sources to acquire the necessary facilities and skills
and achieve the production capacity necessary to meet requirements.
Sec. 1806.202-70 Formats.
A sample format for D&Fs citing the authority of FAR 6.202(a)
follows:
Natonal Aeronautics and Space Administration, Washington, DC 20546
Determination and Findings
Authority to Exclude a Source
On the basis of following findings and determination, which I
make under the authority of 10 U.S.C. 2304(b)(1) as implemented by
FAR 6.202, the proposed contract action described below may be
awarded using full and open competition after exclusion of______(1).
Findings
1. It is proposed that the following requirement be acquired
using full and open competition after exclusion of the source
identified above.
2. The source identified above can be expected to receive an
award for this requirement unless excluded.
3. It is necessary to establish or maintain an alternative
source or sources.
4. The exclusion of this source will increase or maintain
competition and is likely to result in reduction of ______(2) in
overall costs for any anticipated acquisition of the supplies or
services being acquired. This estimate is based on ______ (3).
(See Note 4 for the use of Alternates I and II below.)
Alternate I: The exclusion of this source will serve the
national defense interest by having an alternative supplier
available for furnishing the supplies or services being acquired, in
case of a national emergency or industrial mobilization,
because______(5).
Alternate II: The exclusion of this source will serve the
national defense interest by establishing or maintaining an
essential engineering, research, or development capability of an
educational or other nonprofit institution or a federally funded
research and development center, because______(5).
Determination
The exclusion of the source identified above will increase or
maintain competition and is likely to result in reduced overall
costs for any anticipated acquisition of the supplies or services
being acquired.
(See Note 4 for the use of Alternates I and II below.)
Alternate I: It is in the interest of the national defense to
exclude the source identified above in order to have an alternative
supplier available for furnishing the supplies or services being
acquired, in case of a national emergency or industrial
mobilization.
Alternate II: It is in the interest of national defense to
exclude the source identified above in order to establish or
maintain an essential engineering, research, or development
capability to be provided by an educational or other nonprofit
institution or a federally funded research and development center.
Date____________
NOTES:
1. Name of source to be excluded.
2. Description of estimated reduction in overall costs.
3. Description of how estimate was derived.
4. In paragraph 4 and in the Determination, the basic wording is
appropriate when FAR 6.202(a)(1) applies; Alternate I is appropriate
when FAR 6.202(a)(2) applies; and Alternate II is appropriate when
FAR 6.202(a)(3) applies.
5. Description of circumstances necessitating the exclusion of
the identified source.
Subpart 1806.3--Other Than Full and Open Competition
Sec. 1806.302 Circumstances permitting other than full and open
competition.
Sec. 1806.302-4 International agreement.
Sec. 1806.302-470 Documentation.
Pursuant to 10 U.S.C. 2304(f)(2)(E), an individual justification
for other than full and open competition under the authority of FAR
6.302-4 is not required when the procurement officer signs a Memorandum
for the Record that:
(a) Describes the specific terms of the international agreement or
treaty that limit acquisitions in support of, or as a result of, the
agreement or treaty to less than full and open competition;
(b) Is reviewed and approved by the appropriate competition
advocate in accordance with NFS 1806.304-70; and
(c) Is included in each official contract file in the place for
filing a Justification for Other than Full and Open Competition (see
NASA Form 1098).
1806.302-7 Public interest. (NASA supplements paragraph (c))
(c)(2) The notice to Congress shall be made by NASA Headquarters,
Office of Legislative Affairs (Code LC). Code HS shall request the
notice to be made immediately upon approval of a D&F and shall advise
the contracting activity of the date upon which the notification period
ends.
(3) The contracting officer shall prepare the D&F required by FAR
6.302-7(c)(1) in any format that clearly documents the determination
and the supporting findings.
1806.303 Justifications.
1806.303-1 Requirements. (NASA supplements paragraphs (b) and (d))
(b) Justifications for using less than full and open competition
may be prepared by the technical office initiating the contract action
when it is recommending the use of the justification authority, or by
the contracting officer if the technical office does not make such a
recommendation.
(d) The contracting officer shall send a copy of each approved
justification or D&F that cites that authority of FAR 6.302-1 (a)(2)(i)
or FAR 6.302-7 to NASA Headquarters, International Relations Division
(Code IR), unless one of the exceptions at FAR 25.403 applies to the
acquisition. The transmittal shall indicate that the justification is
being furnished under FAR 6.303-1(d).
1806.303-170 Sole-source purchases by contractors.
The requirements of FAR part 6 and this part 1806 apply if NASA
directs a prime contractor (by specifications, drawings, parts lists,
or otherwise) to purchase items on a sole-source basis. Accordingly,
procurement officers shall take necessary actions to ensure that such
sole-source acquisitions are properly justified. Where ``brand name or
equal'' purchase descriptions list the salient physical, functional, or
other characteristics of the item being procured and are properly used
under
[[Page 40547]]
1811.104, the justification requirements of FAR part 6 and this part
1806 do not apply.
1806.303-2 Content.
1806.303-270 Use of unusual and compelling urgency authority.
If the authority at FAR 6.302-2 is used for extending the
performance period of an existing services contract, the justification
shall contain the information required by FAR 6.303-2 and;
(a) Documentation that the acquisition process for the successor
contract was started early enough to allow for adequately planning and
conducting a full and open competition, together with a description of
the circumstances that prevented award in a timely manner; and
(b) Documentation of the reasons why no other source could
practicably compete for the interim requirement.
1806.304-70 Approval of NASA justifications.
Concurrences and approvals for justifications of contract actions
conducted in accordance with FAR subparts 6.2 and 6.3 shall be obtained
as follows:
(a) For proposed contracts over $500,000 but not exceeding
$10,000,000--
(1) Concurring official: Procurement Officer
(2) Approving official: Center or Headquarters Competition
Advocate.
(b) For proposed contracts over $10,000,000 but not exceeding
$50,000,000--
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(2) Approving official: Center Director or Associate Administrator
for Headquarters Operations.
(c) For proposed contracts over $50,000,000--
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(iii) Center Director or Associate Administrator for Headquarters
Operations
(iv) Agency Competition Advocate
(2) Approving Official: Associate Administrator for Procurement
(d) The approval authority of FAR 6.304(a)(3) may not be delegated
to other than the installation's Deputy Director.
(e) For proposed contract actions requiring approval by the
Associate Administrator for Procurement, the original justification
shall be forwarded to the Associate Administrator for Procurement (Code
HS).
(f) Regardless of dollar value, class justifications shall be
approved by the Associate Administrator for Procurement.
Subpart 1806.5--Competition Advocates
1806.501 Requirement. (NASA paragraphs (1), (2), (3) and (4))
(1) The Deputy Associate Administrator for Procurement is the
agency competition advocate, reporting to the Associate Deputy
Administrator on issues related to competition of NASA acquisitions.
(2) The Center Deputy Directors or Associate Directors are the
competition advocates for their contracting activities.
(3) The Director, Program Operations Division, Code HS, is the
competition advocate for the Headquarters contracting activity.
(4) The Deputy Manager is the contracting activity competition
advocate for the Space Station Program Office.
1806.502 Duties and responsibilities. (NASA supplements paragraph (b))
(b)(i) Center competition advocates shall submit annual reports to
the agency competition advocate (Code HS) on or before November 30.
(ii) The agency competition advocate shall submit an annual agency
report on or before January 31.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
7a. The authority citation for part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2473 (c)(1).
8. Part 1852 is amended as follows:
1852.000 [Amended]
a. Section 1852.000 is revised to read as follows:
1852.000 Scope of part.
This part, in conjunction with FAR Part 52--
(a) Sets forth the provisions and clauses prescribed in the NFS,
(b) Gives instructions for their use, and
(c) Presents a matrix listing the provisions and clauses applicable
to each principal contract type and/or purpose (e.g., fixed-price
supply, cost-reimbursement research and development).
Subpart 1852.1--[Revised]
b. Subpart 1852.1 is revised to read as follows:
Subpart 1852.1--Instructions for Using Provisions and Contracts.
1852.101 Using Part 52.
1852.103 Identification of provisions and clauses.
1852.103-70 Identification of modified provisions and clauses.
1852.104 Procedures for modifying and completing provisions and
clauses.
1852.101 Using FAR part 52. (NASA supplements paragraphs (b) and (e))
(b)(2)(i)(B) NASA contracting offices prescribing or developing
clauses shall ensure that the requirements of subpart 1801.3 are met.
(e)(1) The NFS matrix in subpart 1852.3 is formatted similarly to
that in the FAR. The first page of the NFS matrix contains a key to
column headings, a dollar threshold chart, and requirement symbols. To
fully determine the applicability of a provision or clause in the
``required-when-applicable'' and ``optional'' categories, Contracting
Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.
(4) The NFS matrix may be reproduced by field installations for the
purpose of supplementing it with installation-developed provisions and
clauses.
1852.103 Identification of provisions and clauses. (NASA supplements
paragraphs (b) and (c))
(b) Provisions and clauses prescribed by a field installation to
satisfy its needs shall be identified as stated in paragraphs (b) (i)
and (ii) of this section. Articles, formats, and similar language shall
be treated as provisions and clauses for purposes of this section
1852.103.
(i) A provision or clause shall be numbered using a prefix, a base,
and a suffix. The prefix shall be an alphabetical abbreviation of the
installation name (e.g., ARC, DFRC, GSFC, CW, JSC, KSC, LARC, LERC,
MSFC, SSC, or SSPO). The base shall be a numeric value beginning with
``52.2,'' with the next two digits corresponding to the number of the
FAR or NFS subject part to which the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each
part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause
relating to part 36 of the FAR or NFS shall be JSC 52.236-90, the
second JSC 52.236-91, and so forth. Provisions and clauses shall be
dated in accordance with FAR 52.101(f).
[[Page 40548]]
(ii) Contracting officers shall identify provisions and clauses as
in the following examples:
(A) I.2 BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987) This example
is applicable when identifying the title of provisions and clauses in
solicitations and contracts using the uniform contract format (UCF).
The first number (``I.2'') designates the UCF section and the
sequential clause within that section ``GSFC 52.214-90'' specifies the
clause number.
(B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987) This example is
applicable in all instances in which the provision or clause citation
is not associated with the UCF number.
(C) Contracting officers shall not number provisions and clauses
developed for individual acquisitions only. For example, ``F.3 Delivery
Procedures for Special Hardware'' cites the third clause in Section F
of a contract using the UCF, but has no clause number or date
identified with it, indicating that the clause was developed for the
particular contract it appears in.
1852.103-70 Identification of modified provisions and clauses.
When a FAR clause or provision is included in a solicitation or
contract and the NFS prescribes a modification, the title line shall
identify the modification as shown in this subsection. This format
shall be used both for incorporation by reference and when using full
text.
``52.232-28 Electronic Funds Transfer Payment Methods (APR
1989)--as modified by NASA FAR Supplement 1832.908(a)''
1852.104 Procedures for modifying and completing provisions and
clauses.
NFS provisions and clauses shall not be modified unless authorized
by the NFS. When authorized, contracting officers must comply with the
procedures in FAR 52.104.
Subpart 1852.2--Text of Provisions and Clauses.
1852.203-70, 1852.204-77, 1852.204-78, 1852.207-70 [Removed]
c. Sections 1852.203-70, 1852.204-77, 1852.204-78, and 1852.207-70
are removed.
1852.204-75, 1852.204-76, 1852.208-81, 1852.209-70, 1852.209-71,
1852.209-72 [Revised]
d. Sections 1852.204-75, 1852.204-76, 1852.208-81, 1852.209-70,
1852.209-71, and 1852.209-72 are revised to read as follows:
1852.204-75 Security classification requirements.
As prescribed in 1804.404-70, insert the following clause:
SECURITY CLASSIFICATION REQUIREMENTS (SEPTEMBER 1989)
Performance under this contract will involve access to and/or
generation of classified information, work in a security area, or
both, up to the level of ________________________ [insert the
applicable security clearance level]. See Federal Acquisition
Regulation clause 52.204-2 in this contract and DD Form 254,
Contract Security Classification Specification, Attachment ________
[Insert the attachment number of the DD Form 254].
(End of clause)
1852.204-76 Security requirements for unclassified automated
information resources.
As prescribed in 1804.470-3, insert the following clause:
SECURITY REQUIREMENTS FOR UNCLASSIFIED AUTOMATED INFORMATION RESOURCES
(SEPTEMBER 1993)
(a) In addition to complying with any functional and technical
security requirements set forth in the schedule and the clauses of
this contract, the Contractor shall initiate personnel screening
checks and obtain user responsibility agreements, as required by
this clause, for each contractor employee requiring unescorted or
unsupervised physical access or electronic access to the following
limited or controlled areas, systems, programs and data: [List
areas, systems, programs and data].
(1) The Contractor shall submit a personnel security
questionnaire (NASA Form 531, Name Check Request, for National
Agency Check (NAC) investigations and Standard Form 85P,
Questionnaire for Public Trust Positions, for specified sensitive
positions) and a Fingerprint Card (FD-258 with NASA overprint in
Origin Block) to the installation Security Officer for each
Contractor employee who requires access. The required forms may be
obtained from the installation security office. Employees may have
fingerprints taken at the [Insert office name and location], or at
any police department.
(i) Several months may be required for completion of complex
personnel screening investigations. Background screening may not be
required for employees with recent or current Federal Government
investigations.
(ii) When employee access is necessary prior to completion of
personnel screening, each contractor employee requiring access may
be considered for escorted access. The installation Security Officer
will establish the eligibility of proposed escorts.
(2) The Contractor shall ensure that each contractor employee
requiring access executes any user responsibility agreements
required by the Government prior to access. The Contractor shall
provide signed copies of the agreements to the installation Security
Officer for inclusion in the employee's security file. Unauthorized
access is a violation of law and punishable under the provisions of
18 U.S.C. 1029, 18 U.S.C. 1030 and other applicable statutes.
(3) The Contractor shall notify the installation AIS Manager no
later than the end of the day of the termination for cause of an
authorized employee's access. The Contractor shall notify the COTR
no later than ten days after an authorized employee no longer
requires access for any other type of termination. Verbal
notifications shall be confirmed in writing within thirty days.
(b) The Contractor shall incorporate this clause in all
subcontracts where the requirements identified in paragraph (a) are
applicable to performance of the subcontract.
(End of clause)
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1801.870, insert the following clause:
RESTRICTIONS ON PRINTING AND DUPLICATING (AUGUST 1993)
(a) The Contractor shall reproduce any documentation required by
this contract in accordance with the provisions of the Government
Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S.
Government Printing Office, Washington, DC, 20402, published by the
Joint Committee on Printing, U.S. Congress.
(b) The Contractor shall not perform, or procure from any
commercial source, any printing in connection with the performance
of work under this contract. The term ``printing'' includes the
processes of composition, platemaking, presswork, silk screen
processes, binding, microform, and the end items of such processes
and equipment.
(c) ``Duplicating/copying'' is not considered to be printing. It
is material produced by duplicating equipment employing the
lithographic process and automatic copy-processing or copier-
duplicating machines employing electrostatic, thermal, or other
copying processes not requiring the use of negatives or metal
plates. The Contractor is authorized to duplicate production unites
provided the requirement does not exceed 5,000 production units of
any one page or 25,000 units in the aggregate of multiple pages.
Such plates may not exceed a maximum image size of 10\3/4\ by 14\1/
4\ inches. A ``production unit'' is one sheet, size 8\1/2\ x 11
inches (215 x 280 mm), one side only, and one color ink.
(d) This clause does not preclude writing, editing, preparation
of manuscript copy, or preparation of related illustrative material
as a part of this contract, or administrative duplicating/copying
(for example, necessary forms and instructional materials used by
the Contractor to respond to the terms of the contract).
(e) Costs associated with printing or duplicating/copying in
excess of the limits set forth above are unallowable without prior
written approval of the Contracting Officer. If the contractor has
reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating/
copying, it immediately shall provide written notice to the
Contracting Officer and request approval prior to
[[Page 40549]]
proceeding with the activity. Requests will be processed by the
Contracting Officer in accordance with the provisions of the
Government Printing and Binding Regulations and NFS 1808.802.
(f) The Contractor shall include in each subcontract which may
involve a requirement for any printing and/or any duplicating/
copying in excess of the limits specified in paragraph (c) of this
clause, a provision substantially the same as this clause, including
this paragraph (f).
(End of clause)
1852.209-70 Product removal from Qualified Products List.
As prescribed in 1809.206-71, insert the following clause:
PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST (DECEMBER 1988)
If, during the performance of this contract, the product being
furnished is removed from the Qualified Products List for any
reason, the Government may terminate the contract for Default
pursuant to the default clause of the contract.
(End of clause)
1852.209-71 Limitation of Future Contracting.
As prescribed in 1809.507-2, the contracting officer may insert a
clause substantially as follows in solicitations and contracts, in
compliance with FAR 9.507-2:
LIMITATION OF FUTURE CONTRACTING (DECEMBER 1988)
(a) The Contracting Officer has determined that this acquisition
may give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to FAR
Subpart 9.5--Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe the conflict].
(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of this contract, or
through the performance of tasks pursuant to this contract, is
required to develop specifications or statements or work that are to
be incorporated into a solicitation, the Contractor shall be
ineligible to perform the work described in that solicitation as a
prime of first-tier subcontractor under an ensuing NASA contract.
This restriction shall remain in effect for a reasonable time, as
agreed to by the Contracting Officer and the Contractor, sufficient
to avoid unfair competitive advantage or potential bias (this time
shall in no case be less than the duration of the initial production
contract). NASA shall not unilaterally require the Contractor to
prepare such specifications or statements of work under this
contract.
(2) To the extent that the work under this contract requires
access to proprietary, business confidential, or financial data of
other companies, and as long as these data remain proprietary or
confidential, the Contractor shall protect these data from
unauthorized use and disclosure and agrees not to use them to
complete with those other companies.
(End of clause)
1852.209-72 Composition of the Contractor.
As prescribed in 1809.670, insert the following clause:
COMPOSITION OF THE CONTRACTOR (DECEMBER 1988)
If the Contractor is comprised of more than one legal entity,
each entity shall be jointly and severally liable under this
contract.
(End of clause)
[FR Doc. 96-19422 Filed 8-2-96; 8:45 am]
BILLING CODE 7510-01-M
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