Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37061

(2) Require construction, repair, or

alteration in excess of $25,000; or

(3) Regardless of dollar amount, involve

the use of hazardous materials or operations.

(g) Authorized Government representatives

of the Contracting Officer shall have access

to and the right to examine the sites or areas

where work under this contract is being

performed in order to determine the

adequacy of the Contractor’s safety and

occupational health measures under this

clause.

(h) The contractor shall continually update

the safety and health plan when necessary.

In particular, the Contractor shall furnish a

list of all hazardous operations to be

performed, and a list of other major or key

operations required or planned in the

performance of the contract, even though not

deemed hazardous by the Contractor. NASA

and the Contractor shall jointly decide which

operations are to be considered hazardous,

with NASA as the final authority. Before

hazardous operations commence, the

Contractor shall submit for NASA

concurrence—

(1) Written hazardous operating procedures

for all hazardous operations; and/or

(2) Qualification standards for personnel

involved in hazardous operations.

(End of clause)

17. In section 1852.223–73, remove

Alternate I and revise the clause to read

as follows:

1852.223–73 Safety and health plan.

* * * * *

Safety and Health Plan (July 2000)

The offeror shall submit a detailed safety

and occupational health plan as part of its

proposal (see NPG 8715.3, NASA Safety

Manual, Appendix H). The plan must

include a detailed discussion of the policies,

procedures, and techniques that will be used

to ensure the safety and occupational health

of contractor employees and to ensure the

safety of all working conditions throughout

the performance of the contract. The plan

must similarly address safety and

occupational health for subcontractor

employees for any proposed subcontract

whose value is expected to exceed $500,000,

including commercial services and services

provided in support of a commercial item.

Also, when applicable, the plan must address

the policies, procedures, and techniques that

will be used to ensure the safety and

occupational health of NASA employees and

the public. This plan, as approved by the

Contracting Officer, will be included in any

resulting contract.

(End of provision)

18. Add section 1852.223–75 to read

as follows:

1852.223–75 Major breach of safety or

security.

As prescribed in 1823.7001(d), insert

the following clause:

Major Breach of Safety or Security (July

2000)

(a) Safety is the freedom from those

conditions that can cause death, injury,

occupational illness, damage to or loss of

equipment or property, or damage to the

environment. Safety is essential to NASA and

is a material part of this contract. A major

breach of safety may constitute a breach of

contract that entitles the Government to

exercise any of its rights and remedies

applicable to material parts of this contract,

including termination for default. A major

breach of safety must be related directly to

the work on the contract. A major breach of

safety is an act or omission of the contractor

that consists of an accident, incident, or

exposure resulting in a fatality; or in damage

to equipment or property equal to or greater

than $1 million; or in any ‘‘willful’’ or

‘‘repeat’’ violation cited by the Occupational

Health and Safety Administration (OSHA) or

by a state agency operating under an OSHA

approved plan.

(b) Security is the condition of

safeguarding against espionage, sabotage,

crime (including computer crime), or attack.

A major breach of security may constitute a

breach of contract that entitles the

Government to exercise any of its rights and

remedies applicable to material parts of this

contract, including termination for default. A

major breach of security may occur on or off

Government installations, but must be related

directly to the work on the contract. A major

breach of security may arise from any of the

following: compromise of classified

information; illegal technology transfer;

workplace violence resulting in criminal

conviction; sabotage; compromise or denial

of information technology services; damage

or loss greater than $250,000 to the

Government; or theft.

(c) In the event of a major breach of safety

or security, the Contractor shall report the

breach to the Contracting Officer. If directed

by the Contracting Officer, the Contractor

shall conduct its own investigation and

report the results to the Government. The

Contractor shall cooperate with the

Government investigation, if conducted.

(End of clause)

[FR Doc. 00–14752 Filed 6–12–00; 8:45 am]

BILLING CODE 7501–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1811 and 1852

Packaging, Handling, and

Transportation

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA FAR Supplement (NFS) to

add guidance for packaging, handling,

and transportation of certain kinds of

aeronautical and space equipment. A

NASA policy directive containing these

policies already exists, and the new NFS

material adds a contract clause which

directs the contractor to perform

packaging and handling as provided in

the policy directive.

EFFECTIVE DATE: June 13, 2000.

FOR FURTHER INFORMATION CONTACT:

James H. Dolvin, NASA Headquarters,

Office of Procurement, Contract

Management Division (Code HK), (202)

358–1279, email:

jdolvin1@mail.hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

Some NASA programs require the

development of aeronautical and space

equipment which, when transported

from one place to another, require the

use of special kinds of packaging,

handling methods, and transportation

procedures. At present, there is a NASA

policy directive which has instructions

for these procedures, but there is no

contract clause in the NFS to require the

contractor to perform packaging and

handling as provided in the directive.

This final rule adds such a clause to the

NFS.

B. Regulatory Flexibility Act

NASA certifies that this final rule will

not have a significant economic impact

on a substantial number of small

business entities within the meaning of

the Regulatory Flexibility Act (5 U.S.C.

601, et seq.), because it only applies in

those instances when a small business

entity is providing either Class I , II, or

III items.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

NFS do not impose any recordkeeping

or information collection requirements,

or collection 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.

List of Subjects in 48 CFR Parts 1811

and 1852

Government Procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Acccordingly, 48 CFR Parts 1811 and

1852 is amended as follows:

1. The authority citation for 48 CFR

Parts 1811 and 1852 continues to read

as follows:

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

PART 1811—DESCRIBING AGENCY

NEEDS

2. Amend paragraph (b) of section

1811.002 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

37062 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

1811.002 [Amended]

3. Amend paragraph (a)(3) of section

1811.403 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

4. Add section 1811.403–70 to read as

follows:

1811.403–70 Packaging, handling, and

transportation.

(a) NPG 6000.1E, ‘‘Requirements for

Packaging, Handling, and

Transportation for Aeronautical and

Space Systems, Equipment, and

Associated Components’’ provides

guidance for shipment of certain NASA

items.

(b) Contracting officers, with the

advice of the requiring activity and the

Center Transportation Officer, must

include a designation of each

deliverable item, or groupings of

deliverable items, as Class I, II, III, or IV

for purposes of contractor compliance

with the NPG.

1811.404 [Amended]

5. Amend paragraphs (a)(2) and (a)(3)

of section 1811.404 by removing the

word ‘‘shall’’ and adding ‘‘must’’ in its

place.

6. Add section 1811.404–70 to read as

follows:

1811.404–70 NASA contract clauses.

The clause at 1852.211–70, Packaging,

Handling, and Transportation, must be

included in solicitations and contracts

for deliverable items, including

software, designated as Class I (mission

essential), Class II (delicate or sensitive),

or Class III (requires special handling or

monitoring).

1811.502 [Amended]

7. Amend paragraph (d) of section

1811.502 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

1811.602 [Amended]

8. Amend paragraph (c) of section

1811.602 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

1811.603 [Amended]

9. Amend paragraph (e)(iii) of section

1811.603 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

10. Add section 1852.211–70 to read

as follows:

1852.211–70 Packaging, handling, and

transportation.

As prescribed in 1811.404–70, insert

the following clause:

Packaging, Handling, and Transportation—

June 2000

(a) The Contractor shall shall comply with

NPG 6000.1E, ‘‘Requirements for Packaging,

Handling, and Transportation for

Aeronautical and Space Systems, Equipment,

and Associated Components’’, dated April

26, 1999, as may be supplemented by the

statement of work or specifications of this

contract, for all items designated as Class I,

II, or III.

(b) The Contractor’s packaging, handling,

and transportation procedures may be used,

in whole or in part, subject to the written

approval of the Contracting Officer, provided

(1) the Contractor’s procedures are not in

conflict with any requirements of this

contract, and (2) the requirements of this

contract shall take precedence in the event of

any conflict with the Contractor’s

procedures.

(c) The Contractor must place the

requirements of this clause in all

subcontracts for items that will become

components of deliverable Class I, II, or III

items.

(End of clause)

[FR Doc. 00–14753 Filed 6–12–00; 8:45 am]

BILLING CODE 7510–01–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018–AF88

Importation or Shipment of Injurious

Wildlife: Zebra Mussel (Dreissena

polymorpha)

AGENCY: Fish and Wildlife Services,

Interior.

ACTION: Final rule, correction.

SUMMARY: The U.S. Fish and Wildlife

Service (we) corrects 50 CFR 16.13 by

adding the zebra mussel (Dreissena

polymorpha), a small bivalve mollusk

native to Europe, to the list of injurious

fish, mollusks, and crustaceans, which

are subject to restrictions under the

Lacey Act (18 U.S.C. 42). On November

7, 1991 (56 CFR 56942), we added the

zebra mussel to the list of injurious

wildlife, but it was inadvertently

omitted in a subsequent amendment to

50 CFR Part 16 (58 FR 58979, Nov. 5,

1993). This rulemaking corrects the

omission and continues the prohibition

on the importation, acquisition, or

transportation of live zebra mussels,

veligers, or viable eggs thereof into or

between the continental United States,

the District of Columbia, Hawaii, the

Commonwealth of Puerto Rico, or any

territory or possession of the United

States.

DATES: This action is effective June 13,

2000.

ADDRESSES: Chief, Division of Fish and

Wildlife Management Assistance, U.S.

Fish and Wildlife Service, 4401 North

Fairfax Drive, Suite 840, Arlington, VA

22203.

FOR FURTHER INFORMATION CONTACT:

Hannibal Bolton, Chief, Division of Fish

and Wildlife Management Assistance,

telephone (703) 358–1718.

SUPPLEMENTARY INFORMATION: The

Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990

(Pub. L. 101–646, 104 Stat. 4761) was

passed by Congress on October 27, 1990,

and signed by President Bush. Section

1208 of that law contains a provision

that amends the Lacey Act (18 U.S.C.

42) by adding the zebra mussel to the

list of injurious animals contained

therein. This provision required

addition of the zebra mussel to

implementing regulations in 50 CFR

16.13. On November 7, 1991, we added

zebra mussels to 50 CFR part 16 (56 FR

56942). In a subsequent final rule

affecting part 16, we inadvertently

omitted the zebra mussel.

Background

The regulations contained in 50 CFR

part 16 implement the Lacey Act as

amended. Under the terms of the law,

the importation of certain named

wildlife is prohibited, with exceptions.

Additionally, the Secretary of the

Interior is authorized to prescribe by

regulations other nonindigenous wild

animals, or viable eggs thereof, which

are deemed to be injurious or

potentially injurious to the health and

welfare of human beings; to the interests

of agriculture, Forestry, and

horticulture; or to the welfare and

survival of wildlife or wildlife resources

of the United States. The

Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990

added the zebra mussel to the statutory

list. We amended 50 CFR 16.13 to

reflect the present list of prohibited

wildlife. By adding the zebra mussel to

the list of injurious fish, mollusks, and

crustaceans in 18 U.S.C 42 and in 50

CFR 16.13, their acquisition,

importation into, or transportation

between the continental United States,

the District of Columbia, Hawaii, the

Commonwealth of Puerto Rico, or any

territory or possession of the United

States by any means whatsoever is

prohibited except by permit for

zoological, educational, medical, or

scientific purposes, or by Federal

agencies without a permit solely for

their own use upon filing a written

declaration with the District Director of

Customs at the port of entry. In

addition, no live zebra mussel, viable