5166 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations

redesignating paragraph (c) as paragraph

(b).

PART 64—MISCELLANEOUS RULES

RELATING TO COMMON CARRIERS

6. The authority citation for Part 64

continues to read as follows:

Authority: Sec. 4, 48 Stat. 1066, as

amended; 47 U.S.C. 154,

Telecommunications Act of 1996, Pub. L.

104–104, secs. 402(b)(2)(B), (c), 110 Stat. 56

(1996) unless otherwise noted. Interpret or

apply secs. 201, 218, 226, 228, 48 Stat. 1070,

as amended, 1077; 47 U.S.C. 201, 218, 226,

228 unless otherwise noted.

7. Section 64.804 is amended by

revising the first sentence of the

introductory text of paragraph (g) to

read as follows:

§ 64.804 Rules governing the extension of

unsecured credit to candidates or persons

on behalf of such candidates for Federal

office for interstate and foreign common

carrier communication services.

* * * * *

(g) On or before January 31, 1973, and

on corresponding dates of each year

thereafter, each carrier which had

operating revenues in the preceding

year in excess of $1 million shall file

with the Commission a report by

account of any amount due and unpaid,

as of the end of the month prior to the

reporting date, for interstate and foreign

communications services to a candidate

or person on behalf of such candidate

when such amount results from the

extension of unsecured credit. * * *

PART 65—INTERSTATE RATE OF

RETURN PRESCRIPTION

PROCEDURES AND METHODOLOGIES

8. The authority citation for Part 65

continues to read as follows:

Authority: Secs. 4, 201, 202, 203, 205, 218,

403, 48 Stat., 1066, 1072, 1077, 1094, as

amended, 47 U.S.C. 151, 154, 201, 202, 203,

204, 205, 218, 219, 220, 403.

9. Section 65.600 is amended by

revising paragraph (b) to read as follows:

§ 65.600 Rate of return reports

* * * * *

(b) Each local exchange carrier or

group of affiliated carriers which is not

subject to §§ 61.41 through 61.49 of this

chapter and which has filed individual

access tariffs during the preceding

enforcement period shall file with the

Commission within three (3) months

after the end of each calendar year, an

annual rate of return monitoring report

which shall be the enforcement period

report. Reports shall be filed on the

appropriate report form prescribed by

the Commission (see s 1.795 of this

chapter) and shall provide full and

specific answers to all questions

propounded and information requested

in the currently effective report form.

The number of copies to be filed shall

be specified in the applicable report

form. At least one copy of the report

shall be signed on the signature page by

the responsible officer. A copy of each

report shall be retained in the principal

office of the respondent and shall be

filed in such a manner as to be readily

available for reference and inspection.

Final adjustments to the enforcement

period report shall be made by

September 30 of the year following the

enforcement period to ensure that any

refunds can be properly reflected in an

annual access filing.

* * * * *

[FR Doc. 97–2703 Filed 2–3–97; 8:45 am]

BILLING CODE 6712–01–M

GENERAL SERVICES

ADMINISTRATION

48 CFR Part 570

[APD 2800.12A, CHGE 74]

RIN 3090–AF92

General Services Administration

Acquisition Regulation; Acquisition of

Leasehold Interests in Real Property

AGENCY: Office of Acquisition Policy.

GSA.

ACTION: Interim rule adopted as final.

SUMMARY: The General Services

Administration Acquisition Regulation

(GSAR) interim rule published at 61 FR

2470, May 16, 1996, is converted to a

final rule with changes. The interim rule

is amended to revise section 570.106 to

reflect changes made as a result of

public comments. Section 570.303 of

the interim rule is adopted as final

without change. The interim rule

published at 61 FR 2470, May 16, 1996,

authorized the use of design-build select

procedures in Section 303M of the

Federal Property and Administrative

Services Act of 1949, as amended by

Public Law 104–106, February 10, 1996,

for lease construction projects.

EFFECTIVE DATE: February 10, 1997.

FOR FURTHER INFORMATION CONTACT: Tom

Wisnowski, GSA Acquisition Policy

Division, (202) 501–1224.

SUPPLEMENTARY INFORMATION:

A. Public Comments

Comments on the interim rule

published on May 16, 1996, (61 FR

24720) were submitted by the Council

on Federal Procurement of Architectural

and Engineering Services (COFPAES).

COFPAES recommended revision of

section 570.106(c) to more closely

reflect statutory language, including

circumstances for use of two-phase

design-build procedures and

specification of all criteria to be

considered by the contracting officer.

This revision has been incorporated in

the final rule.

B. Executive Order 12866

This rule is not a significant rule as

defined in Executive Order 12866.

C. Regulatory Flexibility Act

The GSA certifies that this final rule

will not have a significant 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 will apply to a very

small number of leases per year (less

than 25) and the rule simplifies

procedures and reduces the cost of

competing in the initial phases of a

procurement.

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 U.S.C. 804.

List of Subjects in 48 CFR Part 570

Government procurement.

Accordingly, the interim rule

amending 48 CFR Part 570 which was

published at 61 FR 24720 on May 16,

1996, is adopted as a final rule with the

following changes:

PART 570—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL

PROPERTY

1. The authority citation for 48 CFR

570-continues to read as follows:

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

2. Section 570.106 is amended by

revising paragraphs (c), (c)(1), (c)(2), and

(c)(3) to read as follows:

570.106 Methods of contracting

* * * * *

(c) Unless another acquisition

procedure authorized by law is used,

the design-build selection procedures in

section 303M of the Federal Property
Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations 5167

and Administrative Services Act of

1949, as amended, shall be used for

lease construction projects, including

projects with options to purchase the

real property leased. The design-build

selection procedures in section 303M

shall be used when the lease involves

the design and construction of a public

building, facility or work for lease to the

Government when the contracting

officer determines that this method is

appropriate, based on the following:

(1) Three or more offers are

anticipated;

(2) A substantial amount of design

work will be performed by offerors, that

may result in offerors incurring

substantial expenses in preparing offers;

and

(3) Criteria, such as the following,

have been considered:

(i) The extent to which the project

requirements have been adequately

defined;

(ii) The time constraints for delivery

of the project;

(iii) The capability and experience of

potential contractors;

(iv) The suitability of the project for

use of the two-phase selection

procedures;

(v) The capability of the agency to

manage the two-phase selection process;

and

(vi) Other criteria established by the

head of the contracting activity.

Dated: January 27, 1997.

Ida M. Ustad,

Deputy Associate Administrator, Office of

Acquisition Policy.

[FR Doc. 97–2626 Filed 2–3–97; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 578

[Docket No. 97–2; Notice 1]

RIN 2105–AC63

Civil Penalties

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This document specifies the

civil penalties for violating NHTSA

statutes and regulations, including

Federal Motor Vehicle Safety Standards,

as adjusted in accordance with the

Federal Civil Monetary Penalty Inflation

Adjustment Act of 1990, as amended by

the Debt Collection Improvement Act of

1996.

DATES: Effective Date: The amendments

made in this rule are effective March 6,

1997.

FOR FURTHER INFORMATION CONTACT:

Taylor Vinson, Office of Chief Counsel,

NHTSA, telephone (202) 366–5263,

facsimile (202) 366–3820, electronic

mail ‘‘TVinson@nhtsa.dot.gov’’, 400

Seventh Street, SW, Washington, DC

20590.

SUPPLEMENTARY INFORMATION:

I. The Debt Collection Improvement Act

of 1996

In order to preserve the remedial

impact of civil penalties and foster

compliance with the law, the Federal

Civil Monetary Penalty Inflation

Adjustment Act of 1990 (Pub. L. 101–

410), as amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–

134), requires Federal agencies to

regularly adjust certain civil penalties

for inflation. As amended, the law

requires each agency to make an initial

inflationary adjustment for all

applicable civil penalties, and to make

further adjustments at least once every

four years of these penalty amounts.

The Debt Collection Improvement Act

of 1996 further stipulates that any

resulting increases in a civil penalty due

to the calculated inflation adjustments

(i) should apply only to violations that

occur after October 23, 1996—the Act’s

effective date—and (ii) should not

exceed 10 percent of the penalty

indicated.

Method of Calculation

Under the Federal Civil Monetary

Inflation Adjustment Act as amended,

the inflation adjustment for each

applicable civil penalty is determined

by increasing the maximum civil

penalty amount per violation by the

cost-of-living adjustment. The ‘‘cost-ofliving’’ adjustment is defined as the

amount by which the Consumer Price

Index (CPI) for the month of June of the

calendar year preceding the adjustment

exceeds the CPI for the month of June

of the year in which the amount of such

civil penalty was last set or adjusted

pursuant to law. Any calculated

increase under this adjustment is

subject to a specific rounding formula

set forth in the Debt Collection

Improvement Act of 1996.

For example, pursuant to section

30165(a) of Title 49 of the United States

Code, the National Highway Traffic

Safety Administration (NHTSA) may

impose a civil penalty of up to $1,000

per violation against individuals and

manufacturers that violate specified

provisions of 49 U.S.C. Chapter 301,

‘‘Motor Vehicle Safety.’’ This penalty

amount was originally set in 1966. The

consumer price index is 456.7 for June

1996 and 97.1 for June 1966. Therefore,

the inflation factor is 456.7/97.1 or 4.7.

The maximum penalty amount after the

increase and statutory rounding would

be $4,700. After applying the 10 percent

limit on an initial increase, however, the

new maximum penalty amount per

violation is $1,100.

II. NHTSA Civil Penalties Affected by

this Adjustment

Title 49 of the United States Code

includes several statutory provisions

administered by NHTSA under which

civil penalties are authorized. Today’s

final rule specifies these civil penalties,

as adjusted pursuant to the Debt

Collection Improvement Act of 1996.

A. Motor Vehicle Safety

Chapter 301 of Title 49 of the United

States Code imposes a variety of

requirements upon manufacturers of

motor vehicles and items of motor

vehicle equipment and other persons in

order to reduce traffic crashes and

deaths and injuries resulting from such

crashes. Prior to the effective date of

today’s final rule, violators of Chapter

301 or regulations issued thereunder

were subject to a civil penalty of not

more than $1,000 for each violation and

not more than $800,000 for a related

series of violations. 49 U.S.C. 30165.

Pursuant to the inflation adjustment

methodology included in the Debt

Collection Act, today’s final rule

increases the civil penalty for a

violation of Chapter 301 or a regulation

prescribed thereunder to $1,100 per

violation, with a maximum of $880,000

for a related series of violations.

B. National Automobile Title

Information System

Chapter 305 of Title 49 of the United

States Code and regulations issued

thereunder include a number of

provisions that facilitate the tracing and

recovery of parts from stolen vehicles.

Prior to the effective date of today’s final

rule, violators of Chapter 305 were

subject to a civil penalty of not more

than $1,000 for each violation. 49 U.S.C.

30505.

Pursuant to the inflation adjustment

methodology included in the Debt

Collection Act, today’s final rule

increases the civil penalty for a

violation of Chapter 305 to $1,100 per

violation.

C. Bumper Standards

Chapter 325 of Title 49 of the United

States Code was enacted to reduce the

economic loss resulting from damage to

passenger motor vehicles involved in