Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Proposed Rules 32065

PART 1001—[AMENDED]

1. The authority citation for part 1001

would continue to read as follows:

Authority: 42 U.S.C. 1302, 1320a–7,

1320a–7b, 1395u(h), 1395u(j), 1395u(k),

1395y(d), 1395y(e), 1395cc(b)(2)(D), (E) and

(F), and 1395hh; and sec. 2455, Pub.L. 103–

355, 108 Stat. 3327 (31 U.S.C. 6101 note).

2. Section 1001.952 would be

amended by republishing the

introductory text and by adding a new

paragraph (v) to read as follows:

§ 1001.952 Exceptions

The following payment practices shall

not be treated as a criminal offense

under section 1128B of the Act and

shall not serve as the basis for an

exclusion:

* * * * *

(v) Ambulance restocking. (1) As used

in section 1128B of the Act,

‘‘remuneration’’ does not include any

gift or transfer of drugs or medical

supplies (including linens) by a hospital

or other receiving facility to an

ambulance provider for the purpose of

replenishing comparable drugs or

medical supplies (including linens)

used by the ambulance provider in

connection with the transport of an

emergency patient to the hospital or

other receiving facility if all of the

applicable standards in either paragraph

(v)(2) or (v )(3) of this section are

satisfied.

(2)(i) Except as otherwise provided in

paragraph (v)(2)(ii) of this section, the

ambulance provider pays the receiving

facility fair market value, based on an

arms-length transaction, for the

replenished drugs or medical supplies

(including linens). A non-profit

receiving facility will be deemed to

meet this standard if it sells replenished

drugs or medical supplies to a nonprofit ambulance provider at cost in

order to comply with the Non-Profit

Institutions Act (15 U.S.C. 13(c)),

exception to the Robinson-Patman Act

(15 U.S.C. 3(a)–(f)).

(ii) If payment is not made

contemporaneously with the

replenishing of the drugs or medical

supplies (including linens), the

receiving facility and the ambulance

provider make commercially reasonable

payment arrangements in advance.

(3)(i) The receiving facility

replenishes drugs and medical supplies

(including linens) on an equal basis for

all ambulance providers who bring

emergency patients to the receiving

facility.

(ii) The replenishing arrangement

must be implemented with the

participation of, and monitored by, an

oversight entity (as defined in paragraph

(v)(4)(ii) of this section) as part of a

comprehensive and coordinated

regional emergency medical system

appropriate to the size and resources of

the service area and must be open and

available to all emergency ambulance

providers and receiving facilities in the

service area.

(iii) The replenishing arrangement

must be memorialized in writing. The

writing may be in the form of—

(A) A contract signed under the

auspices of the oversight entity by all

participating ambulance providers and

receiving facilities or

(B) A generally applicable plan or

protocol promulgated or approved by

the oversight entity.

(iv) The receiving facility refrains

from billing any Federal health care

program or Federal health care program

beneficiary for the replenished drugs or

medical supplies (including linens) and

does not write off the cost of such drugs

or medical supplies (including linens)

as bad debt.

(v) The ambulance provider refrains

from billing any Federal health care

program or Federal health care program

beneficiary separately for the

replenished drugs or medical supplies

(including linens).

(vi) The receiving facility and the

ambulance provider maintain records of

the replenished drugs and medical

supplies (including linens) and make

those records available to the Secretary

promptly upon request.

(vii) The receiving facility and the

ambulance provider otherwise comply

with all Federal, State and local laws

regulating emergency medical care and

the provision of drugs and medical

supplies, including, but not limited to,

laws relating to the handling of

controlled substances.

(4) For purposes of paragraph (v)(3) of

this section—

(i) A ‘‘receiving facility’’ is a hospital

or other facility that provides emergency

medical services; and

(ii) An ‘‘oversight entity’’ is a regional

emergency medical services council or

functionally similar entity, association

or organization that—

(A) Is described in section 501(c)(3) or

501(c)(4) of the Internal Revenue Code

and exempt from taxation under section

501(a) of that Code;

(B) Includes, or is composed of,

representatives of a broad array of

participants in a service area’s

emergency medical system (e.g.,

hospitals, ambulance providers,

emergency room physicians,

paramedics, public safety organizations,

local educational institutions and

community residents);

(C) Is open to all interested parties in

the service area on equal terms and

conditions; and

(D) Has as its mission the

improvement of the emergency medical

services delivery system in the relevant

service area.

Dated: November 2, 1999.

June Gibbs Brown,

Inspector General.

Approved: November 18, 1999.

Donna E. Shalala,

Secretary.

[FR Doc. 00–12697 Filed 5–19–00; 8:45 am]

BILLING CODE 4150–04–P

DEPARTMENT OF DEFENSE

48 CFR Parts 209 and 223

[DFARS Case 2000–D004]

Defense Federal Acquisition

Regulation Supplement; Pollution

Control and Clean Air and Water

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Acting Director of

Defense Procurement is proposing to

amend the Defense Federal Acquisition

Regulation Supplement (DFARS) to

revise and relocate policy on the level

of approval required to except a contract

from certain restrictions of the Clean Air

Act or the Clean Water Act. The policy

is moved from the Pollution Control and

Clean Air and Water subpart to the

Debarment, Suspension, and

Ineligibility subpart of the DFARS,

because the Federal Acquisition

Regulation (FAR) subpart on Pollution

Control and Clean Air and Water has

been removed.

DATES: Comments on the proposed rule

should be submitted in writing to the

address shown below on or before July

21, 2000, to be considered in the

formation of the final rule.

ADDRESSES: Interested parties should

submit written comments on the

proposed rule to: Defense Acquisition

Regulations Council, Attn: Ms. Sandra

G. Haberlin, PDUSD (AT&L) DP (DAR),

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

(703) 602–0350.

E-mail comments submitted via the

Internet should be addressed to:

dfars@acq.osd.mil

Please cite DFARS Case 2000–D004 in

all correspondence related to this

proposed rule. E-mail correspondence

should cite DFARS Case 2000–D004 in

the subject line.

32066 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Ms.

Sandra G. Haberlin, (703) 602–0289.

SUPPLEMENTARY INFORMATION:

A. Background

On December 27, 1999, Item I of

Federal Acquisition Circular 97–15 (64

FR 72415) removed Subpart 23.1,

Pollution Control and Clean Air and

Water, from the FAR. Subpart 23.1

contained policy pertaining to entities

that are ineligible for contract award

due to a violation of the Clean Air Act

or the Clean Water Act. The FAR text

was deemed unnecessary, because

contracting officers can use the General

Services Administration List of Parties

Excluded from Federal Procurement and

Nonprocurement Programs to ensure

that they do not award contracts to

ineligible entities. In accordance with

Environmental Protection Agency

regulations at 40 CFR 32.215(b), FAR

Subpart 23.1 permitted an agency head

to except a contract from the prohibition

on award to a Clean Air Act or Clean

Water Act violator if it was in the

paramount interest of the United States

to do so. DFARS Subpart 223.1 limited

delegation of this exception authority to

a level no lower than an official who is

appointed by and with the advice of the

Senate.

This DFARS rule proposes to—

1. Remove the text from DFARS

Subpart 223.1, since FAR Subpart 23.1

no longer exists; and relocate the text to

DFARS 209.405(b), since the

corresponding text at FAR 9.405(b)

addresses matters relating to entities on

the List of Parties Excluded from

Federal Procurement and

Nonprocurement Programs;

2. Retain a limitation on delegation of

the exception authority, but lower the

permitted level of delegation to a level

no lower than a general or flag officer or

a member of the Senior Executive

Service; and

3. Designate the text already located at

DFARS 209.405 as 209.405(a), and

amend the text to clarify that the

provisions of 10 U.S.C. 2393 regarding

a ‘‘compelling reason’’ determination

apply only to the conduct of business

with entities that are debarred or

suspended.

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

B. Regulatory Flexibility Act

The proposed 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, 5 U.S.C. 601, et seq.,

because the rule pertains only to the

exceptional situations where there is a

need to conduct business with entities

that are debarred or suspended or,

because of a violation of the Clean Air

Act or the Clean Water Act, are

ineligible for award. Therefore, an

initial regulatory flexibility analysis has

not been performed. Comments are

invited from small businesses and other

interested parties. Comments from small

entities concerning the affected DFARS

subparts also will be considered in

accordance with 5 U.S.C. 610. Such

comments should be submitted

separately and should cite DFARS Case

2000–D004.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements that require the approval

of the Office of Management and Budget

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 209 and

223

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 209 and 223

are proposed to be amended as follows:

1. The authority citation for 48 CFR

Parts 209 and 223 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 209—CONTRACTOR

QUALIFICATIONS

2. Section 209.405 is revised to read

as follows:

209.405 Effect of listing.

(a) Under 10 U.S.C. 2393(b), when a

department or agency determines that a

compelling reason exists for it to

conduct business with a contractor that

is debarred or suspended from

procurement programs, it must provide

written notice of the determination to

the General Services Administration,

Office of Acquisition Policy. Examples

of compelling reasons are—

(1) Only a debarred or suspended

contractor can provide the supplies or

services;

(2) Urgency requires contracting with

a debarred or suspended contractor;

(3) The contractor and a department

or agency have an agreement covering

the same events that resulted in the

debarment or suspension and the

agreement includes the department of

agency decision not to debar or suspend

the contractor; or

(4) The national defense requires

continued business dealings with the

debarred or suspended contractor.

(b)(i) The Procurement Cause and

Treatment Code ‘‘H’’ annotation in the

GSA List of Parties Excluded from

Federal Procurement and

Nonprocurement Programs identifies

contractors that are declared ineligible

for award of a contract or subcontract

because of a violation of the Clean Air

Act (42 U.S.C. 7606) or the Clean Water

Act (33 U.S.C. 1368).

(ii) Under the authority of 40 CFR

32.215(b), the agency head may grant an

exception permitting award to a Code

‘‘H’’ ineligible contractor if it is in the

paramount interest of the United States.

(A) The agency head may delegate

this exception authority to a level no

lower than a general or flag officer or a

member of the Senior Executive Service.

(B) The official granting the exception

must provide written notice to the

Environmental Protection Agency

debarring official.

PART 223—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

Subpart 223.1 [Removed]

3. Subpart 223.1 is removed.

[FR Doc. 00–12414 Filed 5–19–00; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Part 215

[DFARS Case 2000–D300]

Defense Federal Acquisition

Regulation Supplement; Profit

incentives To Produce Innovative New

Technologies

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Acting Director of

Defense Procurement is proposing to

amend the Defense Federal Acquisition

Regulation Supplement (DFARS) to

implement Section 813 of the National

Defense Authorization Act for Fiscal

Year 2000. Section 813 requires DoD to

review its profit guidelines to consider

whether appropriate modifications,

such as placing increased emphasis on

technical risk as a factor for determining

appropriate profit margins, would

provide an increased profit incentive for

contractors to develop and produce

complex and innovative new

technologies.