41378 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Iowa, is amended by

adding Pacific Junction, Channel 299A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–16871 Filed 7–3–00; 8:45 am]

BILLING CODE 6712–01–U

GENERAL SERVICES

ADMINISTRATION

48 CFR Parts 501, 511, 512, 525, 532,

537, and 552

RIN 3090–AH22

Payment Information and Clarification

of Provisions and Clauses Applicable

to Contract Actions Under the JavitsWagner-O’Day Act

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is issuing a final

rule to rewrite the General Services

Administration Acquisition Regulation

(GSAR), Foreign Acquisition, for

consistency with the recent Federal

Acquisition Regulation (FAR) rewrite.

This final rule also deletes a provision

for brand name or equal purchase

descriptions now covered by a FAR

provision, adds a clause to notify

contractors of payment information

available electronically, and clarifies

that certain provisions and clauses for

building services contracts do not apply

to contract actions made under the

Javits-Wagner-O’Day Act.

DATES: Effective Date: July 24, 2000.

FOR FURTHER INFORMATION CONTACT:

Gloria Sochon, GSA Acquisition Policy

Division, (202) 208–6726.

SUPPLEMENTARY INFORMATION:

A. Background

The FAR published a final rewrite of

FAR Part 25, Foreign Acquisition, in the

Federal Register on December 27, 1999

(64 FR 72414). This rule reorganizes the

GSAR for consistency with the FAR

changes. It also eliminates a provision

and a clause, which duplicate coverage

in the FAR, regarding evaluation of

offers and delivery under contracts

subject to trade agreements. It does not

place any new requirements on offerors

or contractors.

The FAR published a final rule on use

of brand name or equal purchase

descriptions in the Federal Register on

June 17, 1999 (64 FR 32740). This rule

eliminates a GSAR provision that

duplicates coverage now contained in

the provision at FAR 52.211–6, Brand

Name or Equal.

For invoice payments made by GSA,

payment information is available on the

Internet. This rule provides a clause to

notify contractors that the information is

available and how to access it. A GSA

contractor may access this information

at its discretion to track the date and

amount of payments made by GSA.

Access to timely payment information

may help a contractor to improve its

financial management.

This rule also clarifies that certain

provisions and clauses prescribed at

GSAR 537.110 do not apply to contracts

for building services initiated under the

authority of the Javits-Wagner-O’Day

Act (JWOD). The provision at GSAR

552.237–70, Qualifications of Offerors,

and the clause at 552.237–71,

Qualifications of Employees, do not

apply to JWOD contract actions.

Qualifications of JWOD participating

nonprofit agencies are established by

the Committee for Purchase from People

Who Are Blind or Severely Disabled

(see FAR subpart 8.7). This clarification

will help avoid potential conflict with

the rules established by the Committee,

which have precedence.

B. Executive Order 12866

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

The final rule does not constitute a

significant GSAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

commenters is not required. However,

GSA will consider comments from small

entities concerning the affected GSAR

parts in accordance with 5 U.S.C. 610.

Interested parties must submit such

comments separately and should cite 5

U.S. 601, et seq., in correspondence.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

GSAR do not impose recordkeeping or

information collection requirements, or

otherwise collect information from

offerors, contractors, or members of the

public that require approval of the

Office of Management and Budget under

44 U.S.C. 3501 et seq.

E. Small Business Regulatory

Enforcement Fairness Act of 1996

This rule is not a major rule under 5

U.S.C. 804. This rule was submitted to

Congress and GAO under 5 US.C. 801.

F. Determination To Issue a Final Rule

GSA expects this rule will have no

significant cost or administrative burden

on contractors or offerors. The changes

improve clarity and avoid potential

conflicts with FAR rules.

List of Subjects in 48 CFR Parts 501,

511, 512, 525, 532, 537 and 552

Government procurement.

Final Rule

Accordingly, GSA amends 48 CFR

Parts 501, 511, 512, 525, 532, 537 and

552 as set forth below:

1. The authority citation for 48 CFR

Parts 501, 511, 512, 525, 532, 537 and

552 continues to read as follows:

Authority: 40 U.S.C. 486(c).

PART 511—DESCRIBING AGENCY

NEEDS

2. Amend section 501.106 as follows:

Delete the GSAR Reference to 511.170–

3(a) and OMB Control No. 3090–0203,

delete the GSAR Reference to 511.170–

3(c) and OMB control No. 3090–0203,

delete the GSAR Reference to 552.211–

70 and OMB Control No. 3090–0203,

and add a GSAR Reference to 511.140–

70 and OMB Control N. 3090–0203.

3. Redesignate section 511.170 as

511.104 and revise the section title to

read as follows:

511.104 Use of brand name or equal

purchase descriptions.

4. Redesignate section 511.170–3 as

section 511.104–70, delete paragraphs

(c) and (d), and add a new paragraph (c)

to read as follows:

511.104–70 Solicitation provisions

* * * * *

(c) If you use brand name or equal

purchase descriptions for some

component parts of an end item, you

may limit the application of the

provision at FAR 52.211–6 to the

specified components

PART 512—ACQUISITION OF

COMMERCIAL ITEMS

5. In section 512.301, revise paragraph

(a)(3) to read as follows:

512.301 Solicitation provisions and

contract clauses for the acquisition of

commercial items.

(a) * * *

(3) 552.212–72, Contract Terms and

Conditions Required to Implement

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41379

Statutes or Executive Orders Applicable

to GSA Acquisitions of Commercial

Items, when listed clauses apply. The

clause provides for the incorporation by

reference of terms and conditions

required to implement provisions of law

or executive orders that apply to

commercial item acquisitions.

* * * * *

PART 525—FOREIGN ACQUISITION

525.105, 525.105–70, 525.109 and Subpart

525.4 [Removed]

6. Remove sections 525.105, 525.105–

70, 525.109, and Subpart 525.4. Add

Subparts 525.5 and 525.11 to read as

follows:

Subpart 525.5—Evaluating Foreign

Officers—Supply Contracts

525.570 Procurement of hand or

measuring tools or stainless steel flatware

for DOD.

(a) Stainless steel flatware means

special order and stock items of

stainless steel flatware purchased for

DOD, including, but not limited to, the

following National Stock Numbers

(NSN):

7340–00–060–6057

7340–00–205–3340

7340–00–241–8171

7340–00–559–8357

7340–00–205–3341

7340–00–241–8169

7340–00–241–8170

7340–00–688–1055

7340–00–721–6316

7340–00–721–6971

(b) Purchases of hand or measuring

tools or stainless steel flatware

exceeding the simplified acquisition

threshold by DOD must be domestic end

products. In the case of stainless steel

flatware, the Secretary of the

Department concerned can make an

exception. The individual must

determine that a satisfactory quality and

sufficient quantity produced in the

United States or its possessions are not

available when needed at domestic

market prices.

(c) If GSA solicitations of hand or

measuring tools or stainless steel

flatware include DOD requirements,

GSA will apply the DOD restrictions.

The bases for applying the DOD

restriction to GSA acquisitions are:

(1) DOD’s restrictions apply to

requisitions of such items from the GSA

stock program.

(2) The impracticality of establishing

a dual supply system to satisfy the

requirements of civilian and military

agencies.

(3) GSA may reject any offer when it

is considered necessary for reasons of

national interest.

Subpart 525.11—Solicitation

Provisions and Contract Clauses

525.1101 Acquisition of supplies.

If you include DOD requirements for

hand or measuring tools or stainless

steel flatware in the solicitation for an

acquisition estimated to exceed the

simplified acquisition threshold, insert

552.225–70, Notice of Procurement

Restriction—Hand or Measuring Tools

or Stainless Steel Flatware, in the

solicitation and resulting contract(s).

PART 532—CONTRACT FINANCING

7. Amend section 532.908 to add

paragraph (c) to read as follows:

532.908 Contract clauses.

* * * * *

(c) Solicitations, purchase orders,

contracts, and leases over the

micropurchase theshold. Insert

552.232–78, Payment information:

(1) In all solicitations, purchase

orders, and contracts, including

acquisitions of leasehold interests in

real property.

(2) In task and delivery orders if the

contract that the order is placed against

does not include the clause.

PART 537—SERVICE CONTRACTING

8. Revise section 537.110 to read as

follows:

537.110 Solicitation provisions and

contract clauses.

The following provision and clauses

apply to contracts for building services:

(a) If the contract is expected to

exceed the simplified acquisition

threshold and it is not initiated under

the Javits-Wagner-O’Day Act:

(1) Insert 552.237–70, Qualifications

of Offerors, in the solicitation.

(2) Insert 552.237–71, Qualifications

of Employees, in the solicitation and

contract. If needed, use supplemental

provisions or clauses to describe

specific requirements for employees

performing work on the contract.

(b) Insert 552.237–72, Prohibition

Regaring ‘‘Quasi-Military Armed

Forces,’’ in solicitations and contracts

for guard service.

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

552.211–70 [Removed and Reserved]

9. Remove and reserve section

552.211–70.

552.212–71 [Amended]

10. In section 552.212–71, revise the

date of the clause to read ‘‘JUL 2000)’’

and in paragraph (b) add ‘‘_552.232–78

Payment Information’’ in numerical

order.

11. In section 552.212–72, revise the

date of the clause to read ‘‘(JUL 2000)’’,

in paragraph (a) delete ‘‘_552.225–8 Buy

American Act—Trade Agreement’s—

Balance of Payments Program

Certificate’’, and in paragraph (b) delete

‘‘_552.225–9 Buy American Act—Trade

Agreements—Balance of Payments

Program.’’

552.225–8 and 552.225–9 [Removed]

12. Remove sections 552.225–8 and

552.225–9

13. In section 552.225–70, revise the

introductory text to read as follows:

552.225–70 Notice of Procurement

Restriction—Hand or Measuring Tools or

Stainless Steel Flatware.

As prescribed in 525.1101, insert the

following clause:

* * * * *

14. Add section 552.232–78 to read as

follows:

552.232–78 Payment Information.

As prescribed in 532.908(c), insert the

following information.

PAYMENT INFORMATION (JUN 2000)

The General Services Administration

(GSA) makes information on contract

payments available electronically at http://

www.finance.gsa.gov. The Contractor may

register at the site and review its record of

payments. This site provides information

only on payments made by GSA, not by other

agencies.

(End of clause)

15. In section 552.243–72, revise the

clause date and paragraph (b)(1)(vii) to

read as follows:

552.243–72 Modifications Award

Schedule).

* * * * *

MODIFICATIONS (MULTIPLE AWARD

SCHEDULE) (JUL 2000)

* * * * *

(b) * * *

(1) * * *

(vii) Any information requested by

52.212–3(f), Offeror Representations and

Certifications—Commercial Items, that

may be necessary to assure compliance

with FAR 52.225–1, Buy American

Act—Balance of Payments Programs—

Supplies.

* * * * *

41380 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

Dated: June 19, 2000.

David A. Drabkin,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 00–16766 Filed 7–03–00; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 050500G]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery of the Gulf of Mexico; Texas

Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Adjustment of the ending date

of the Texas closure.

SUMMARY: NMFS announces an

adjustment to the ending date of the

annual closure of the shrimp fishery in

the exclusive economic zone (EEZ) off

Texas. The closure is normally from

May 15 to July 15 each year. For 2000,

the closure began on May 11, and will

end at 30 minutes after sunset on July

5. The Texas closure is intended to

prohibit the harvest of brown shrimp

during their major emigration from

Texas estuaries to the Gulf of Mexico so

the shrimp may reach a larger, more

valuable size and to prevent the waste

of brown shrimp that would be

discarded in fishing operations because

of their small size.

DATES: The EEZ off Texas is open to

trawl fishing from 30 minutes after

sunset, July 5, 2000, until 30 minutes

after sunset, May 15, 2001, or until

NMFS publishes further notice in the

Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter, 727–570–5305; fax:

727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf

of Mexico shrimp fishery is managed

under the Fishery Management Plan for

the Shrimp Fishery of the Gulf of

Mexico (FMP). The FMP was prepared

by the Gulf of Mexico Fishery

Management Council and is

implemented by regulations at 50 CFR

part 622 under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

The EEZ off Texas is normally closed

to all trawling each year from 30

minutes after sunset on May 15 to 30

minutes after sunset on July 15. The

regulations at 50 CFR 622.34(h) describe

the area of the Texas closure and

provide for adjustments to the beginning

and ending dates by the Regional

Administrator, Southeast Region,

NMFS, under procedures and

restrictions specified in the FMP.

The beginning and ending dates of the

Texas closure are based on biological

sampling by Texas Parks and Wildlife

Department (TPWD). The closure date is

established based on projected times

that brown shrimp in Texas bays and

estuaries will reach a mean size of 90

mm, and begin strong emigrations out of

the bays and estuaries during maximum

duration ebb tides. The waters off of

Texas are re-opened to shrimping based

on projections indicating that brown

shrimp will reach a mean size of 112

mm, in concurrence with maximum

duration ebb tides. Biological data

collected by TPDW indicates that the

criteria to end the Texas closure will be

met on July 5, 2000. Accordingly, the

time and date for ending the Texas

closure is changed from 30 minutes after

sunset on July 15, 2000, to 30 minutes

after sunset on July 5, 2000.

Classification

This action is authorized by 50 CFR

622.34(h)(2) and is exempt from review

under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 29, 2000 .

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–16942 Filed 6–29–00; 4:21 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 981224323–9226–02; I.D.

120198B]

RIN 0648–AL23

Fisheries of the Exclusive Economic

Zone Off Alaska; Recordkeeping and

Reporting; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final rule for

recordkeeping and reporting that was

published in the Federal Register on

November 15, 1999.

DATES: Effective December 15, 1999.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7008.

SUPPLEMENTARY INFORMATION: A final

rule was published in the Federal

Register on November 15, 1999 (64 FR

61964), to revise recordkeeping and

reporting regulations. The requirement

that the operator of a catcher vessel is

required to make records available for

inspection upon the request of an

authorized officer was inadvertently

omitted from 50 CFR part 679.

Correction

In the final rule Revisions to

Recordkeeping and Reporting

Requirements published in 64 FR

61964, November 15, 1999, FR Doc. 99–

28294, on page 61974, in the third

column, remove § 679.5(a)(13)(i) and

add in its place the following:

§ 679.5 [Corrected]

(a) * * *

(13) * * *

(i) Inspection. The operator of a

catcher vessel or catcher/processor or

mothership or the manager of a

shoreside processor or the operator of a

buying station must make all logbooks,

reports, forms, and mothership-issued

fish tickets required under this section

available for inspection upon the

request of an authorized officer for the

time periods indicated in paragraph

(a)(13)(ii) of this section.

* * * * *

Dated: June 29, 2000.

Andrew A. Rosenberg,

Deputy Asst. Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–16940 Filed 7–3–00; 8:45 am]

BILLING CODE 3510–22–F