47406 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

include a concise summary of the

substantive arguments raised in the

pleading.

Parties are also asked to submit

comments on diskette. Diskette

submissions would be in addition to

and not a substitute for the formal filing

requirements addressed above. Parties

submitting diskettes should submit

them to Sheryl Todd at 2100 M Street,

N.W., Room 8611, Washington, D.C.

20554. Such a submission should be on

a 3.5 inch diskette in an IBM compatible

format using WordPerfect 5.1 for

Windows software in a ‘‘read only’’

mode. The diskette should be

accompanied by a cover letter. For

further information concerning this

proceeding, contact Sheryl Todd,

Accounting and Audits Division,

Common Carrier Bureau at 202–418–

7400.

III. Ordering Clauses

It is further ordered, pursuant to

sections 1–4, 254 of the

Communications Act of 1934, as

amended, 47 U.S.C. § § 151–154, and

254 that notice is hereby given of

proposed amendments to parts 64 and

54 of the Commission’s Rules, 47 CFR

parts 64 and 54, as described in the

further notice of proposed rulemaking

in CC Docket No. 97–21 and comments

are requested as described above.

List of Subjects

47 CFR part 54

Universal service.

47 CFR part 64

Communications common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 54 and 64 of title 47 of the Code

of Federal Regulations are proposed to

be amended as follows:

PART 54—UNIVERSAL SERVICE

1. The authority citation for part 54

continues to read as follows:

Authority: 47 U.S.C. Secs. 1, 4(i), 201, 214,

and 254, unless otherwise noted.

2. Section 54.711 is proposed to be

amended by revising paragraph (b) to

read as follows:

Section 54.711 Contributor reporting

requirements.

* * * * *

(b) The Commission shall have access

to all data reported to the Administrator,

Schools and Libraries Corporation, and

Rural Health Care Corporation.

Contributors may make requests for

Commission nondisclosure of companyspecific information under § 0.459 of

this chapter at the time that the subject

data are submitted to the Administrator.

The Commission shall make all

decisions regarding nondisclosure of

company-specific information. The

Administrator, Schools and Libraries

Corporation, and Rural Health Care

Corporation shall keep confidential all

data obtained from contributors,

including all data obtained from the

Administrator of the

Telecommunications Relay Service

Fund, shall not use such data except for

purposes of administering the universal

service support programs, and shall not

disclose such data in company-specific

form unless directed to do so by the

Commission.

* * * * *

PART 64—MISCELLANEOUS RULES

RELATING TO COMMON CARRIERS

1. The authority citation for part 64

continues to read as follows:

Authority: 47 U.S.C. Sec. 154 unless

otherwise noted.

2. Section 64.604 is amended by

revising paragraph (c)(4)(iii)(I) to read as

follows:

Section 64.604 Mandatory minimum

standards.

* * * * *

(c) * * *

(4) * * *

(iii) * * *

(I) Information filed with the

administrator. The administrator shall

keep all data obtained from contributors

and TRS providers confidential and

shall not disclose such data in

company-specific form unless directed

to do so by the Commission. The

administrator shall not use such data

except for purposes of administering the

TRS Fund, enabling the universal

service Administrator to verify revenue

information provided by contributors to

the universal service support

mechanisms, calculating the regulatory

fees of interstate common carriers, and

aggregating such fee payments for

submission to the Commission. The

Commission shall have access to all data

reported to the administrator, and

authority to audit TRS providers.

* * * * *

[FR Doc. 97–23828 Filed 9–8–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–193, RM–9125]

Radio Broadcasting Services;

Kaunakakai, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Native Hawaiian

Broadcasting seeking the allotment of

FM Channel 272C to Kaunakakai,

Hawaii, as that community’s first local

aural transmission service. Coordinates

used for this proposal are 21–05–30 and

157–01–24.

DATES: Comments must be filed on or

before October 20, 1997, and reply

comments on or before November 4,

1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Dan J.

Alpert, Esq., The Law Office of Dan J.

Alpert, 2120 N. 21st Rd., Suite 400,

Arlington, VA 22201.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, 202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–193, adopted August 20, 1997, and

released August 29, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47407

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–23823 Filed 9–8–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 212, 225, and 252

[DFARS Case 7–D022

Defense Federal Acquisition

Regulation Supplement; Buy American

Act Exception for Information

Technology Products

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Director of Defense

Procurement is proposing to amend the

Defense Federal Acquisition Regulation

Supplement (DFARS) to implement the

determination by the Under Secretary of

Defense (Acquisition & Technology) that

it is not in the public interest to apply

the restrictions of the Buy American Act

to U.S. made information technology

products, in acquisition subject to the

Trade Agreements Act.

DATES: Comment date: Comments on the

proposed rule should be submitted in

writing to the address shown below on

or before November 10, 1997, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Amy Williams, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350. Please

cite DFARS Case 97–D022 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

Background

This proposed rule adds a provision

at DFARS 252.225–7020, Trade

Agreements Certificate, and a clause at

DFARS 252.225–7021, Trade

Agreements, and makes other necessary

amendments in DFARS Parts 212 and

225 to implement the determination,

signed by the Under Secretary of

Defense (Acquisition & Technology)

(USD (A&T)) on May 16, 1997, that it is

not in the public interest, in

acquisitions subject to the Trade

Agreements Act, to apply the

restrictions of the Buy American Act to

U.S. made information technology

products in Federal Supply Group 70 or

74. Federal Supply Group 70 includes

general purpose automatic data

processing equipment, software

(including firmware), supplies, and

support equipment. Federal Supply

Group 74 includes office machines and

visible record equipment.

In the determination and finding,

USD (A&T) explains how the different

rules of origin under the Trade

Agreements Act and the Buy American

Act result in evaluating products

substantially transformed in the United

States less favorably than if the product

were substantially transformed in an

eligible country. UDS (A&T) also finds

that the different rules of origin place a

disproportionately burdensome

recordkeeping requirement on United

States firms offering information

technology products. Because

manufacturers of information

technology products commonly use

worldwide sources for components,

requiring manufacturers to distinguish

between foreign and domestic

components represents a significant

deterrent to the acquisition of both

commercial and state-of-the-art

information technology products by

DoD.

Regarding the certification

requirements of this rule, for acquisition

of information technology products

subject to the Trade Agreements Act, the

certification requirement in paragraph

(c) of the proposed provision at

252.225–7020, Trade Agreements

Certificate, replaces and simplifies the

existing certification requirement in

paragraph (c) of the provision at DFARS

252.225–7006, Buy American Act—

Trade Agreements—Balance of

Payments Program Certificate.

Therefore, for the purposes of Section

29 of the Office of Federal Procurement

Policy Act (41 U.S.C. 425), this rule

does not impose a new certification

requirement.

B. Regulatory Flexibility Act

This rule may 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. An Initial

Regulatory Flexibility Analysis has been

prepared and is summarized as follows:

The rule will apply to all offerors/

contractors offering information

technology products in Federal Supply

Group 70 or 74 to DoD, in acquisitions

valued at $190,000 or more. The rule

will particularly benefit offerors of U.S.

made information technology end

products that do not qualify as domestic

end products. However, suppliers of

domestic information technology

products will also benefit to the extent

that they no longer need to track the

source of components. The rule will

also affect suppliers of components for

such information technology products,

to the extent that suppliers of domestic

components may face increased

competition from suppliers of foreign

components.

With regard to the provision at

252.225–7003, Information for DutyFree Entry Evaluation, the rule will have

a positive impact on small entities,

because the rule prescribes use of the

provision in solicitation that include the

clause FAR 52.225–10, Duty-Free Entry,

rather than all solicitations that include

the clause at 252.225–7001, Buy

American Act and Balance of Payments

Program. This will reduce the number of

respondents by about 100,000, of which

it is estimated that 35 percent may be

small businesses, as it is generally the

acquisitions of less than $100,000 that

will no longer include the provision. In

addition, responses to the questions in

paragraph (b) of the provision are no

longer required for eligible products

under a trade agreement, or for

nonqualifying country components of

domestic end products (U.S. made end

products if Alternate I is used) unless

the offeror plans to request duty-free

entry.

A copy of the Initial Regulatory

Flexibility Analysis may be obtained

from the address specified herein.

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–D022 in

correspondence.

C. Paperwork Reduction Act

This rule will result in a reduction of

paperwork burden on offerors. The

existing certification requirement at

DFARS 252.225–7006, Buy American

Act-Trade Agreements-Balance of

Payments Program Certificate, has an

approved information collection

requirement under Office of

Management and Budget (OMB)

Clearance Number 0704–0259. This rule

creates a certificate for use when the

Trade Agreements Act, but neither the

Buy American Act nor the Balance of

Payments Program, applies. This