24170 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

islands within the immediate vicinity of

the shoreline.

* * * * *

3. Section 22.131 is amended by

revising paragraph (d)(2)(iv) to read as

follows:

§ 22.131 Procedures for mutually

exclusive applications.

* * * * *

(d) * * *

(2) * * *

(iv) Any application to expand the

CGSA of a cellular system (as defined in

§ 22.911) into unserved area, unless the

proposed expansion would be into

unserved area where the licensee

applying has, on the filing date, the

exclusive right to expand or modify its

CGSA pursuant to § 22.947 or § 22.948.

* * * * *

(1) Section 22.911 is amended by

removing the note following paragraph

(a)(6) and adding paragraph (c)(4) to

read as follows:

§ 22.911 Cellular geographic service area.

* * * * *

(c) * * *

(4) During the term of the

authorization of the first-authorized

cellular system on each channel block

in the GMSA, the licensee of that system

and the licensee of any adjacent market

cellular system on the same channel

block may agree that any service area

boundary extending into any portion of

the GMSA other than the GMSA Coastal

Zone is a part of the CGSA of the

extending system.

* * * * *

5. Section 22.912 is amended by

adding a sentence at the end of

paragraphs (b) and (c) to read as follows:

§ 22.912 Service area boundary

extensions.

* * * * *

(b) * * * Except as restricted in

paragraph (d) of this section, licensees

of the first authorized cellular systems

in the GMSA may allow SAB extensions

from the adjacent market system on the

same channel block into their CGSA

and/or unserved area in the GMSA,

other than in the GMSA Coastal Zone,

during the term of their GMSA cellular

system authorizations.

(c) * * * Except as restricted in

paragraph (d) of this section, licensees

of the first authorized cellular systems

in the GMSA that also are the applicant

or licensee on the same channel block

in the adjacent market may allow or

propose SAB extensions from their

adjacent market system into their CGSA

and/or unserved area in the GMSA,

other than in the GMSA Coastal Zone,

during the term of their GMSA cellular

system authorization.

* * * * *

6. Section 22.948 is added to read as

follows:

§ 22.948 Exclusive right to expand or

modify CGSA within the GMSA.

The licensee of the first authorized

cellular system on each channel block

in the Gulf of Mexico Service Area

(GMSA) is afforded, for the full term of

its authorization, an exclusive right to

expand or modify its CGSA anywhere

within the GMSA, other than within the

GMSA Coastal Zone.

(a) Except as provided in paragraph

(b) of this section, the FCC does not

accept applications for authority to

operate a new cellular system in any

unserved area in the GMSA, other than

unserved area within the GMSA Coastal

Zone.

(b) During the term of its

authorization, the licensee of the first

authorized cellular system on each

channel block in the GMSA may enter

into contracts with eligible parties,

allowing such parties to apply (FCC

Form 600) for a new cellular system on

that channel block in any area within

the GMSA, other than the GMSA

Coastal Zone. The FCC may grant such

applications if they are in compliance

with the rules in this part.

(1) The contracts must define the

CGSA of the subsequent cellular system

in accordance with § 22.911, including

any expansion rights ceded. If not

exercised, any such expansion rights

terminate when the authorization of the

first cellular system expires.

(2) The license term of the first

authorized cellular system on each

channel block in the GMSA is not

extended or affected in any way by the

initial authorization of any subsequent

cellular systems pursuant to paragraph

(b) of this section.

(3) The FCC will accept applications

for assignment of authorization or

consent to transfer of control of the

GMSA systems.

[FR Doc. 00–10221 Filed 4–24–00; 8:45 am]

BILLING CODE 6712–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1828 and 1852

Insurance—Partial or Total Immunity

from Tort Liability for State Agencies

and Charitable Institutions

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Proposed rule.

SUMMARY: This is a proposed rule

amending the NASA FAR Supplement

(NFS) to allow State agencies and

charitable institutions partial or total

immunity from tort liability on NASA

contracts.

DATES: Comments should be submitted

on or before June 26, 2000.

ADDRESSES: Interested parties should

submit written comments to Richard

Kall, NASA Headquarters, Office of

Procurement, Contract Management

Division (Code HK), Washington, DC

20546. Comments may also be

submitted by e-mail to

r.kall@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT:

Richard Kall, NASA, Office of

Procurement, Contract Management

Division (Code HK), (202) 358–0459.

SUPPLEMENTARY INFORMATION:

A. Background

The 1990 edition of the Federal

Acquisition Regulation (FAR) provided

in Subpart 28.311–2, Contract clause,

the use of Alternates I and II to clause

52.228–7, Insurance—Liability to Third

Persons, to allow State agencies and

charitable institutions partial or total

immunity from tort liability. The

appropriate alternate could be used

when provision 52.228–6, Insurance—

Immunity From Tort Liability, was

included in the solicitation. However,

the 1997 edition of the FAR deleted all

references in 28.311–2 relating to tort

liability, and also deleted the provision

and clause alternates. NASA now finds

that the Agency has a need for these

clauses and provision.

B. Regulatory Flexibility Act

NASA certifies that this proposed rule

will not have a significant economic

impact on a substantial number of small

business entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.)

because it does not impose any new

requirements.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed changes

to the NFS do not impose any record

keeping or information collection

requirements, or collections of

information from offerors, contractors,

or members of the public that require

the approval of the Office of

Management and Budget under 44

U.S.C. 3501, et seq.

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,