Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24171

List of Subjects in 48 CFR Parts 1828

and 1852

Government procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1828 and

1852 are proposed to be amended as

follows:

1. The authority citation for 48 CFR

Parts 1828 and 1852 continues to read

as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1828—BONDS AND INSURANCE

2. Revise sections 1828.311–1 and

1828.311–2, and add section 1828.311–

270 to read as follows:

1828.311–1 Contract clause.

The contracting officer must insert the

clause at FAR 52.228–7, Insurance—

Liability to Third Persons, as prescribed

in FAR 28.311–1, unless—

(a) Waived by the procurement

officer; or

(b) The successful offeror represents

in its offer that it is totally immune from

tort liability as a State agency or as a

charitable institution.

1828.311–2 Agency solicitation provisions

and contract clauses.

1828.311–270 NASA solicitation

provisions and contract clauses.

(a) The contracting officer must insert

the clause at 1852.228–71, Aircraft

Flight Risks, in all cost-reimbursement

contracts for the development,

production, modification, maintenance,

or overhaul of aircraft, or otherwise

involving the furnishing of aircraft to

the contractor, except when the aircraft

are covered by a separate bailment.

(b) The contracting officer must insert

the provision at 1852.228–80,

Insurance—Immunity from Tort

Liability, in solicitations for research

and development when a costreimbursement contract is

contemplated.

(c) The contracting officer must insert

FAR clause 52.228–7 and the associated

clause at 1852.228–81, Insurance—

Partial Immunity From Tort Liability,

when the successful offeror represents

in its offer that the offeror is partially

immune from tort liability as a State

agency or as a charitable institution.

(d) The contracting officer must insert

the clause at 1852.228–82, Insurance—

Total Immunity From Tort Liability,

when the successful offeror represents

in its offer that the offeror is totally

immune from tort liability as a State

agency or as a charitable institution.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Amend Part 1852 by adding

sections 1852.228–80, 1852.228–81, and

1852.228–82 to read as follows:

1852.228–80 Insurance—Immunity From

Tort Liability.

As prescribed in 1828.311–270(b),

insert the following provision:

INSURANCE—IMMUNITY FROM TORT

LIABILITY

(XXX)

If the offeror is partially or totally immune

from tort liability to third persons as a State

agency or as a charitable institution, the

offeror will include in its offer a

representation to that effect. When the

successful offeror represented in its offer that

it is immune from tort liability, the following

clause(s) will be included in the resulting

contract:

(a) When the offeror represents that it is

partially immune from tort liability to third

persons as a State agency or as a charitable

institution, the clause at FAR 52.228–7,

Insurance—Liability To Third Persons, and

the associated clause 1852.22881,

Insurance—Partial Immunity From Tort

Liability, will be included in the contract.

(b) When the offeror represents that it is

totally immune from tort liability to third

persons as a State agency or as a charitable

institution. The clause at 1852.228–82

Insurance—Total Immunity From Tort

Liability, will be included in the contract.

(End of provision)

1852.228–81 Insurance—Partial Immunity

From Tort Liability.

As prescribed in 1828.311–270(c),

insert the following clause:

INSURANCE—PARTIAL IMMUNITY FROM

TORT LIABILITY

(XXX)

(a) Except as provided for in paragraph (b)

of this clause, the Government does not

assume any liability to third persons, nor will

the Government reimburse the Contractor for

its liability to third persons, with respect to

loss due to death, bodily injury, or damage

to property resulting in any way from the

performance of this contract.

(b) The Contractor need not provide or

maintain insurance coverage as required by

paragraph (a) of FAR clause 52.228–7,

Insurance—Liability To Third Persons,

provided that the Contractor may obtain any

insurance coverage deemed necessary,

subject to approval by the Contracting Officer

as to form, amount, and duration. The

Contractor shall be reimbursed for the cost of

such insurance and, to the extent provided in

paragraph (c) of FAR clause 52.228–7, for

liabilities to third person for which the

Contractor has obtained insurance coverage

as provided in this paragraph (b), but for

which such coverage is insufficient in

amount.

(End of clause)

1852.228–82 Insurance—Total Immunity

From Tort Liability

As prescribed in 1828.311–270(d),

insert the following clause:

INSURANCE—TOTAL IMMUNITY FROM

TORT LIABILITY

(XXX)

(a) The Government does not assume any

liability to third persons, nor will the

Government reimburse the Contractor for its

liability to third persons, with respect to loss

due to death, bodily injury, or damage to

property resulting in any way from the

performance of this contract or any

subcontract under this contract.

(b) If any suit or action is filed, or if any

claim is made against the Contractor, the cost

and expense of which may be reimbursable

to the Contractor under this contract, the

Contractor will immediately notify the

Contracting Officer and promptly furnish

copies of all pertinent papers received by the

Contractor. The Contractor will, if required

by the Government, authorize Government

representatives to settle or defend the claim

and to represent the Contractor in or take

charge of any litigation. The Contractor may,

at its own expense, be associated with the

Government representatives in any such

claim or litigation.

(End of clause)

[FR Doc. 00–10281 Filed 4–24–00; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-day Finding on Petition

To List the Tibetan Antelope as

Endangered Throughout Its Range

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), announce the

90-day finding that a petition to list the

Tibetan antelope (Pantholops hodgsonii)

as endangered throughout its range has

presented substantial information

indicating that the action may be

warranted. A status review of the

species is initiated.

DATES: This finding was made on April

14, 2000. Comments and information

may be submitted until June 26, 2000.

ADDRESSES: Submit comments,

information, and questions to the Chief,

Office of Scientific Authority; Mail

Stop: Room 750, Arlington Square; U.S.

Fish and Wildlife Service; Washington,

24172 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

D.C. 20240 (Fax number: 703–358–2276;

E-mail address: r9osa@fws.gov).

Address express and messengerdelivered mail to the Office of Scientific

Authority; Room 750, 4401 North

Fairfax Drive; Arlington, Virginia 22203.

You may inspect the petition finding,

supporting data, and comments

received, by appointment, from 8:00

a.m. to 4:00 p.m., Monday through

Friday, at the Arlington, Virginia,

address.

FOR FURTHER INFORMATION CONTACT: Dr.

Kurt A. Johnson, Office of Scientific

Authority, at the above address

(Telephone number: 703–358–1708; Email address: r9osa@fws.gov).

SUPPLEMENTARY INFORMATION

Background

Section 4(b)(3)(A) of the Endangered

Species Act (Act) of 1973 as amended

(16 U.S.C. 1531 et seq.), requires us to

make a finding on whether a petition to

list, delist, or reclassify a species

presents substantial information

indicating that the requested action may

be warranted. To the maximum extent

practicable, we make this finding within

90 days following receipt of the petition,

and we promptly publish a notice in the

Federal Register. If the finding is

positive, section 4(b)(3)(A) of the Act

also requires us to commence a status

review of the species. We now

announce a 90-day finding on a recently

received petition.

On October 6, 1999, the Service

received a petition from the Wildlife

Conservation Society (Joshua R.

Ginsberg, Ph.D., Director, Asia Program,

and George B. Schaller, Ph.D., Director

of Science) and the Tibetan Plateau

Project of Earth Island Institute (Mr.

Justin Lowe, Director) requesting that

the Tibetan antelope be listed as

endangered throughout its entire range.

Dr. Schaller is considered to be the

world’s leading expert on the Tibetan

antelope. The Tibetan antelope is also

known by its Tibetan name ‘‘chiru.’’

These two common names will be used

interchangeably in this document.

The Tibetan antelope (Pantholops

hodgsonii; sensu Wilson and Reeder

1993) is a medium-sized bovid endemic

to the Tibetan Plateau in China (Tibet

Autonomous Region (TAR), Xinjiang/

Uygur Autonomous Region, and

Qinghai Province) and small portions of

India (Ladakh) and western Nepal

(although no evidence exists that the

species still occurs in Nepal). Adult

males are characterized by long, slender,

antelope-like black horns. Although the

Tibetan antelope has been placed in the

subfamily Antilopinae, recent

morphological and molecular research

indicate that the species is most closely

allied to the goats and other members of

the subfamily Caprinae (Gentry 1992,

Gatesy et al. 1992; both cited in

Ginsberg et al. 1999). The species is

uniquely adapted to the high elevation

and cold, dry climate of the Tibetan

Plateau (Schaller 1998). The sexes

segregate almost completely during the

spring and early summer (May and

June), when adult females and their

female young migrate north to certain

calving grounds and return south by late

July or early August, covering distances

as long as 300 kilometers (186 miles)

each way (Schaller 1998). Seasonal

migrations by chiru constitute a critical

aspect of the species’ ecology and help

define the ecosystem as a whole.

There are no accurate estimates of

Tibetan antelope numbers in the past,

although the few early western

explorers who ventured onto the

Tibetan Plateau noted the presence of

large herds in many areas (Bonvalot

1892, Deasy 1901, Hedin 1903, Hedin

1922, Rawling 1905, and Wellby 1898;

all cited in Schaller 1998). Schaller

(1999) suggested that upwards of 1

million Tibetan antelope roamed the

Tibetan Plateau as recently as 40–50

years ago. Historical population

estimates of 500,000 to 1 million appear

to be reasonable based on the limited

information available.

Although data on the current

population dynamics of chiru are

fragmentary and preliminary (Schaller

1998), it is clear that the total

population has declined drastically in

the past 30 years and is continuing to

decline. Schaller (1998) estimated that

the total population in the mid-1990’s

may have been as low as 65,000–75,000

individuals. If one assumes that the

historical population of chiru was

500,000 individuals, the mid-1990’s

estimate represents a population decline

of 85 percent. Although overall

mortality rates are not known, poaching

mortality has been estimated to be as

high as 20,000 individuals per year

(SFA 1998). Annual recruitment of

young has been estimated at around 12

percent, although recruitment failures

have been documented in certain areas

as a result of bad winter weather

(Schaller 1998). If one assumes that the

total current population of chiru is

75,000 individuals and that the

population is currently declining at a

rate of 1,000–3,000 individuals per year,

then barring any changes, the species is

likely to go functionally extinct within

the next 25 to 75 years. The species’ role

as the dominant, native, grazing

herbivore of the Tibetan Plateau

ecosystem has already been diminished,

and its influence on ecosystem structure

and function would likely be

substantially reduced or eliminated well

before the species actually goes extinct.

Changes in Chinese Government

policy have led to increasing human

development and activity on the Tibetan

Plateau, including road development,

settlement by pastoralists, resource

extraction activities, and rangeland use

for domestic livestock grazing (Ginsberg

et al. 1999). These activities have

already adversely modified or destroyed

Tibetan antelope habitat in some areas

and threaten to modify or destroy

habitat over a large area in the near

future. However, Tibetan antelope

populations are declining principally

because large numbers of chiru are

being killed illegally for their wool,

known in trade as shahtoosh (‘‘king of

wool’’), which is one of the finest

animal fibers known (Ginsberg et al.

1999). In China, the chiru is a Class 1

protected species under the Law of the

People’s Republic of China on the

Protection of Wildlife (1989); all killing

of Class 1 animals is prohibited except

by special permit from the central

government.

Most chiru poaching takes place in

the Arjin Shan, Chang Tang, and

Kekexili Nature Reserves in China by a

variety of hunters, including local

herders, residents, officials, military

personnel, gold miners, and truck

drivers (Schaller 1993, Schaller and Gu

1994). Organized, large-scale poaching

rings have developed in some areas.

Tibetan antelope are always killed to

collect their fiber. No cases of captureand-release wool collection are known,

nor is naturally-shed fiber collected

from shrubs and grass tufts as is often

stated (primarily by people within the

shahtoosh industry). Hunters shear the

hides and collect and clean the underfur of the antelope, or sell the hides to

dealers who prepare the shahtoosh

(Wright and Kumar 1997).

Shahtoosh is smuggled out of China

by truck or animal caravan, through

Nepal or India, and into the region of

Jammu and Kashmir. This activity is in

violation of the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES), as well as Indian and Chinese

law. In Jammu and Kashmir, shahtoosh

is processed into expensive, highfashion shawls and scarves which are

greatly valued by some people from

around the world, including the United

States. To reach consumer markets, the

shawls must be smuggled out of India

and into the consumer countries, in

violation of CITES and domestic laws of

those countries. The international

demand for chiru fiber and shahtoosh

products is the most serious threat to

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24173

the continued existence of the Tibetan

antelope.

Schaller speculates that, during the

1980’s and 1990’s, tens of thousands of

chiru were killed for their wool

(Ginsberg et al. 1999). One chiru carcass

yields about 125–150 grams (4–5

ounces) of fiber. In the winter of 1992,

an estimated 2,000 kilograms (kg) (4,420

pounds) of wool reached India, and

consignments of 600 kg (1,325 pounds)

were seized (and released) in India

during 1993 and 1994 (Bagla 1995, cited

in Ginsberg et al. 1999). This amount

alone represents 17,000 chiru. In

October 1998, 14 poachers in the TAR

were convicted of collectively killing

500 chiru and purchasing 212 hides,

and were sentenced to 3 to 13 years

imprisonment (Xinhua 1998, cited in

Ginsberg et al. 1999). The largest

enforcement action to date within

China, involving several jurisdictions

and dubbed the ‘‘Hoh Xil Number One

Action’’ by Chinese authorities, resulted

in the arrest of 66 poachers and the

confiscation of 1,658 chiru hides in

April and May, 1999 (Liu 1999, cited in

Ginsberg et al. 1999).

Despite an Appendix-I listing under

CITES, and protection by domestic

legislation at the national level by

China, Nepal, and India, existing

regulatory mechanisms have been

inadequate to prevent the poaching of

Tibetan antelope or the international

smuggling of raw shahtoosh and

finished shahtoosh products.

We find that the petition presents

substantial information indicating that

the requested action may be warranted.

Specifically, substantial information

indicates that the total population of

Tibetan antelope has declined

drastically over the last three decades,

and that this decline has resulted

primarily from overutilization for

commercial purposes and inadequacy of

existing regulatory mechanisms. Habitat

impacts, especially grazing of domestic

livestock, appear to be a contributory

factor in the decline, and could have

potentially greater impacts in the near

future.

Pursuant to section 4(b)(3)(A), we

hereby commence a review of the status

of Pantholops hodgsonii. We encourage

the submission of appropriate data,

opinions, and publications regarding the

subject petition or the status of the

species. Our practice is to make

comments, including names and home

addresses of respondents, available for

public review during regular business

hours. Individual respondents may

request that we withhold their home

address from the rulemaking record,

which we will honor to the extent

allowable by law. In some

circumstances, we may also withhold

from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish for us to withhold your

name and/or address, you must state

this prominently at the beginning of

your comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Section 4(b)(3)(B) of the Act requires

that we make a finding within 12

months of receipt of the petition as to

whether the listing of P. hodgsonii as

threatened or endangered is warranted.

References Cited

You may request a complete list of

references cited in this Notice from the

Office of Scientific Authority (see

ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: April 14, 2000

Jamie Rappaport Clark,

Director.

[FR Doc. 00–10265 Filed 4–24–00; 8:45 am]

BILLING CODE 4310–55–P