Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44221

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: July 31, 1997.

William Rice,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(99) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(99) Revisions to the ozone attainment

plan were submitted by the Governor on

February 1, 1996.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10–2.260,

‘‘Control of Petroleum Liquid Storage,

Loading, and Transfer,’’ effective

December 30, 1995.

(B) Missouri Rule 10 CSR 10–5.220,

‘‘Control of Petroleum Liquid Storage,

Loading, and Transfer,’’ effective

December 30, 1995.

[FR Doc. 97–22064 Filed 8–19–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 488

[HSQ–156–CN]

RIN 0938–

Medicare and Medicaid Programs;

Survey, Certification and Enforcement

of Skilled Nursing Facilities and

Nursing Facilities

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correcting amendment.

SUMMARY: In the November 10, 1994

issue of the Federal Register (FR Doc.

94–27703) (59 FR 56116), we

established rules for survey of skilled

nursing facilities that participate in the

Medicare program, and nursing facilities

that participate in the Medicaid

program. We also established remedies

that we impose on facilities that do not

comply with Federal participation

requirements, as alternatives to program

termination. This amendment corrects

an error in that document.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathy Lochary, (410) 786–6770.

SUPPLEMENTARY INFORMATION:

Background

On November 10, 1994, we published

in the Federal Register, at 59 FR 56116,

a final rule that established significant

revisions to the process we use to

survey skilled nursing facilities that

participate in the Medicare program,

and nursing facilities that participate in

the Medicaid program. The rule also

established, as alternatives to, or in

addition to, termination, remedies that

we impose on facilities that do not

comply with the Federal participation

requirements.

On September 28, 1995, we published

in the Federal Register, at 60 FR 50115,

a correction notice that made many

corrections to the final rule. One of

those corrections was to § 488.434(a)(1).

Need for Additional Correction

Sections 488.434(a)(1) and 488.436(a)

both refer to a HCFA civil money

penalty written notice. When we

corrected an inadvertent error in

terminology in § 488.434(a)(1), we failed

to make a corresponding change in

terminology in § 488.436(a). We are now

making that correction to § 488.436(a)

by removing the words ‘‘of intent to

impose’’ from the phrase ‘‘notice of

intent to impose the civil money

penalty’’ and adding the word

‘‘imposing’’ to the phrase. Therefore, the

phrase ‘‘notice of intent to impose the

civil money penalty’’ is corrected to

read ‘‘notice imposing the civil money

penalty.’’

List of Subjects in 42 CFR Part 488

Health facilities, Medicare, Reporting

and recordkeeping requirements.

Accordingly, 42 CFR Part 488 is

corrected by making the following

correcting amendment:

PART 488—SURVEY, CERTIFICATION,

AND ENFORCEMENT PROCEDURES

1. The authority citation for part 488

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1895hh).

§ 488.436 [Corrected]

2. In § 488.436 paragraph (a), the

phrase ‘‘notice of intent to impose the

civil money penalty’’ is corrected to

read ‘‘notice imposing the civil money

penalty’’.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: August 11, 1997.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 97–22036 Filed 8–19–97; 8:45 am]

BILLING CODE 4120–01–M

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 253

[DFARS Case 97–D013]

Defense Federal Acquisition

Regulation Supplement; Contract

Action Reporting

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise DD Form 350 and DD

Form 1057 contract action reporting

requirements for compliance with the

Clinger-Cohen Act of 1996 and for

enhancement of data collection

procedures.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Melissa Rider, PDUSD (A&T) DP (DAR),

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062.
44222 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

Telephone (703) 602–0131; telefax (703)

602–0350.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends the internal

DoD contract data reporting system to

enable reporting of data required by the

Clinger-Cohen Act of 1996 (Public Law

104–106) and to enhance data collection

procedures. The rule improves reporting

instructions pertaining to contingency

operations, cost or pricing data

requirements, and blanket purchase

agreements; and adds reporting

instructions pertaining to the use of

simplified acquisition procedures for

certain commercial items pursuant to

FAR Subpart 13.6, and the award of

contracts in support of Phase III of the

Small Business Innovation Research

Program.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant revision within the meaning

of FAR 1.501 and Public Law 98–577

and publication for public comment is

not required. However, comments from

small entities concerning the affected

DFARS subparts will be considered in

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

comments should cite DFARS Case 97–

D013 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the final rule does not

impose any reporting or recordkeeping

requirements that require Office of

Management and Budget approval

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

List of Subjects in 48 CFR Parts 204 and

253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 204 and 253

are amended as follows:

1. The authority citation for 48 CFR

Parts 204 and 253 continues to read as

follows.

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

Chapter 1.

PART 204—ADMINISTRATIVE

MATTERS

2. Section 204.670–2 is amended by

revising paragraph (c) to read as follows:

204.670–2 Reportable contracting actions.

* * * * *

(c) Summarize on the monthly DD

Form 1057, in accordance with the

instructions in 253.204–71(a)(3),

contracting actions that support a

contingency operation (see 213.000) and

that obligate or deobligate funds

exceeding $25,000 but not exceeding

$200,000.

* * * * *

PART 253—FORMS

3. Section 253.204–70 is amended by

revising paragraphs (b)(10)(i),

(b)(13)(i)(C), (b)(13)(i)(G), (c)(2),

(c)(4)(xi), (d)(5)(vii)(A), and (e)(4); and

adding paragraphs (b)(14), (d)(5)(vii)(D),

and (e)(5) to read as follows:

253.204–70 DD Form 350, Individual

Contracting Action Report.

* * * * *

(b) * * *

(10) * * *

(i) Code Y—Yes. Enter code Y when

the contracting action is a multiyear

contract as defined at FAR 17.103. Do

not report contracts containing options

as multiyear unless the definition at

FAR 17.103 applies to the contract.

* * * * *

(13) * * *

(i) * * *

(C) Code 4—Order under an

Agreement. Enter code 4 when the

contracting action is an order or

definitization of an order under an

agreement other than a blanket purchase

agreement. Examples include an order

exceeding $25,000 under a basic

ordering agreement or a master ship

repair agreement and a job order when

the contract is created by issuing the

order. A call under a blanket purchase

agreement associated with a Federal

Supply Schedule, pursuant to FAR

13.202(c)(3), is coded 6. A call under

other blanket purchase agreements,

pursuant to FAR subpart 13.2, is coded

9. When the contracting action is a

modification to an order described in

code 4 instructions, enter code 4 in

B13A.

* * * * *

(G) Code 9—Purchase Order/Call.

Enter code 9 if the contracting action,

including an action in a designated

industry group under the Small

Business Competitiveness

Demonstration Program (FAR subpart

19.10), is an award pursuant to FAR part

13, except when the contracting action

is a blanket purchase agreement call

pursuant to FAR 13.202(c)(3) (see code

6). When the contracting action is a

modification to a purchase order/call

described in code 9 instructions, enter

code 9 in B13A.

* * * * *

(14) BLOCK B14, CICA

APPLICABILITY. Enter one of the

following codes;

(i) Code A—Pre-CICA. Enter code A if

the action resulted from a solicitation

issued before April 1, 1985.

Modifications within the original scope

of work of such awards and orders

under pre-CICA indefinite delivery type

contracts are reported as pre-CICA. In

case of modifications issued on or after

April 1, 1985, coded A in B13 or B13D,

as appropriate, CICA is applicable to the

modification, and these actions shall be

coded B in Block B14.

(ii) Code B—CICA Applicable. Enter

code B if the action resulted from a

solicitation issued on or after April 1,

1985, and none of the following codes

applies.

(iii) Code C—Simplified Acquisition

Procedures Other than FAR subpart

13.6. Enter code C if the action resulted

from use of the procedures in FAR part

13, other than those in subpart 13.6.

(iv) Code D—Simplified Procedures

Pursuant to FAR subpart 13.6. Enter

code D if the action resulted from use

of the procedures in FAR subpart 13.6.

(c) * * *

(2) Do not complete Part C if the

contracting action is an action with a

government agency, i.e., Block B5B

(Government Agency) is coded Y (Yes).

If Block B13A is coded 6, do not

complete any blocks in Part C except

Block C3, and Blocks C13A and C13B

when they apply.

* * * * *

(4) * * *

(xi) BLOCK C11, CERTIFIED COST

OR PRICING DATA. Enter one of the

following codes when Block B1B is

coded A. Otherwise, leave blank.

(A) Code Y—Yes—Obtained. Enter

code Y when cost or pricing data were

obtained (see FAR 15.804–2) and

certified in accordance with FAR

15.804–4.

(B) Code N—No—Not Obtained. Enter

code N when neither code Y nor code

W applies.

(C) Code W—Not Obtained—Waived.

Enter code W when cost or pricing data

were not obtained because the

requirement was waived (see FAR

15.804–1(a)(3) and 215.804–1(b)(4)).

* * * * *

(d) * * *

(5) * * *

* * * * *

(vii) * * *

(A) Code A—Not a SBIR Program

Phase I/II/III. Enter Code A if the action

is not in support of a Phase I, II, or III

SBIR program.

* * * * *

(D) Code D—SBIR Program Phase III

Action. Enter code D if the action is
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44223

related to a Phase III contract in support

of the SBIR Program.

* * * * *

(e) * * *

(4) Block E4—CONTINGENCY

OPERATION. Enter code Y in Block E4

if the contracting action is in support of

a contingency operation, as defined in

213.101, and the action exceeds the

simplified acquisition threshold for

contingency operations (see 213.000).

Otherwise, leave Block E4 blank.

(5) BLOCK E5—BLOCK E8—

RESERVED.

* * * * *

4. Section 253.204–71 is amended by

revising paragraph (a)(3) to read as

follows:

253.204–71 DD Form 1057, Monthly

Contracting Summary of Actions $25,000 or

Less.

(a) * * *

(3) Report actions of $25,000 or less

in support of a contingency operation in

accordance with the instructions in

paragraphs (c) through (j) of this

subsection. Report actions exceeding

$25,000 but not exceeding $200,000 in

support of a contingency operation (see

213.000) on the monthly DD Form 1057

as follows:

(i) Section B; the applicable lines are

5, 5a, 7, and 7a.

(ii) Section C; the applicable lines are

1 and 1c, 2 and 2c, and 3 and 3c.

(iii) Sections D, E, and F, are not

applicable.

(iv) Section G; complete fully.

* * * * *

[FR Doc. 97–21888 Filed 8–19–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Parts 211, 242, and 252

[DFARS Case 97–D014]

Defense Federal Acquisition

Regulation Supplement; Single

Process Initiative

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to facilitate the use of

management or manufacturing

processes that have been accepted by

DoD under the Single Process Initiative

(SPI) for use in lieu of military or

Federal specifications and standards.

DATES: Effective date: August 20, 1997.

Comment Date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before October 20, 1997, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Mr. Rick Layser, PDUSD(A&T)DP(DAR),

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

number: (703) 602–0350. Please cite

DFARS Case 97–D014 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT: Mr.

Rick Layser, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule adds a new section

at DFARS 211.273 and a new contract

clause at DFARS 252.211–7005 to

encourage offerors to propose the use of

SPI processes in lieu of military or

Federal specifications and standards

cited in DoD solicitations; and

establishes that, in procurements of

previously developed items, SPI

processes shall be considered valid

replacements for military or Federal

specifications and standards, absent a

specific determination to the contrary.

B. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish this interim rule prior to

affording the public an opportunity to

comment. The interim rule amends the

DFARS to implement the policy set

forth in a memorandum issued by the

Under Secretary of Defense (Acquisition

and Technology) on April 30, 1997,

with regard to SPI and new contracts.

This interim rule is necessary to permit

the Government and industry to realize,

as soon as possible, the significant cost

savings anticipated from allowing

contractors to use previously accepted

facilitywide management and

manufacturing processes in lieu of

military or Federal specifications and

standards. Comments received in

response to the publication of this

interim rule will be considered in

formulating the final rule.

C. Regulatory Flexibility Act

The interim 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 it is estimated that, of the 180

contractors presently participating in

SPI, less than 5 percent are small

businesses. An Initial Regulatory

Flexibility Analysis has therefore 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

97–D014 in correspondence.

D. Paperwork Reduction Act

The Paperwork Reduction Act (44

U.S.C. 3501, et seq.) applies because the

interim rule contains a new information

collection requirement. Under the

emergency processing provisions of 44

U.S.C. 3507(j) as implemented at 5 CFR

1320.13, the Office of Management and

Budget (OMB) has granted emergency

approval of the information collection

requirement through December 31,

1997, under OMB Control Number

0704–0398. The OMB approval required

under 44 U.S.C. 3507(a)(2) will be

obtained prior to publication of the final

rule.

Comments

Comments are invited. In particular,

comments are solicited on:

a. Whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

b. The accuracy of the agency’s

estimate of the burden of the collection

of information;

c. Ways to enchance the quality,

utility, and clarity of the information to

be collected; and

d. Ways to minimize the burden of the

collection of information on

respondents, including use of

appropriate automated collection

techniques or other forms of information

technology.

Title, Associated Form, OMB Control

Number

DFARS Section 211.273, Substitutions

for Military or Federal Specifications

and Standards, and related clause at

252.211–7005, Substitutions for Military

or Federal Specifications and Standards;

OMB Control Number 0704–0398.

Needs and Uses

The information collection permits

offerors to propose SPI processes in lieu

of military or Federal specifications and

standards cited in DoD solicitations for

previously developed items. The

information will be used by the

Government to identify and verify

Government acceptance of an SPI