Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules 51623

1Federal-State Joint Board on Universal Service,

CC Docket No. 96–45, Report and Order, FCC 97–

157, (released May 8, 1997) 62 FR 32862 (June 17,

1997) (Order) at paras. 199–201.

2The proponents of the Hatfield Model are AT&T

and MCI. The proponents of BCPM are US West,

Sprint, and BellSouth. See Order at Appendix J for

a description of the Hatfield Model and BCPM.

3 In the context of a forward-looking economic

cost mechanism, the ‘‘platform’’ refers to the fixed

algorithms and assumptions built into a cost model,

as contrasted with user-specified ‘‘inputs’’ into a

cost model. See Federal-State Joint Board on

Universal Service, Forward Looking Mechanism for

High Cost Support for Non-Rural LECs, CC Docket

Nos. 96–45 and 97–160, Further Notice of Proposed

Rulemaking, FCC 97–256 (released July 18, 1997) 62

FR 42457 (August 7, 1997) (FNPRM) at paras. 17–

18.

4Order at para. 245.

5 FNPRM at para. 35.

features, the relative merits of the two

models, and any changes that the

proponents make in the two models.

These meetings are open to the public.

There will be no meeting on

Wednesday, October 1, 1997. Instead, a

meeting will be held on Tuesday,

September 30, 1997. The hour and place

will remain unchanged (1:00 pm to 4:00

pm in the conference room of the

Universal Service Branch, 2100 M

Street, N.W., Eighth Floor). Subsequent

meetings will be held each Wednesday

until further notice.

DATES: The next meeting will be held on

September 30, 1997, 1:00 to 4:00 p.m.

Subsequent meetings will be held each

Wednesday until further notice.

ADDRESSES: The meetings will be held at

the Universal Service Branch, Federal

Communications Commission, 2100 M

St., NW., Eighth Floor Conference

Room, Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Astrid Carlson, Universal Service

Branch, Accounting & Audits Division,

Common Carrier Bureau (202) 418–

7369.

SUPPLEMENTARY INFORMATION:

October 1, 1997 Meeting on Forward–

Looking Cost Mechanism For Universal

Service Support For Non–Rural

Carriers Rescheduled to September 30,

1997

In the Universal Service Order

released May 8, 1997, the Commission,

acting on the recommendation of the

Federal-State Joint Board, concluded

that universal service support for nonrural carriers should be determined by

subtracting a benchmark revenue

amount from the forward-looking

economic cost of providing the

supported services.1 The Commission

concluded that it should continue to

review two cost models, the Hatfield

Model and the Benchmark Cost Proxy

Model (BCPM).2 The Commission

further concluded that it would select

the platform design features 3 of a

forward-looking economic cost

mechanism by December 31, 1997, and

select a complete mechanism, including

input values, by August 1998.4 In a

Further Notice of Proposed Rulemaking

(FNPRM) in this proceeding, the

Commission stated that it would

consider a hybrid mechanism,

combining the best features of both

models, and might also ‘‘study

alternative algorithms and approaches

that could be submitted by parties other

than model sponsors or that could be

generated internally by Commission

staff.’’ 5

As part of the process of considering

mechanisms for computing the forwardlooking economic cost of providing the

supported services in rural, insular, and

high cost areas, the Common Carrier

Bureau and the staff of the Federal-State

Joint Board on Universal Service hold

meetings each Wednesday with the

proponents of the Hatfield Model and

the Benchmark Cost Proxy Model

(BCPM) to solicit the model proponents’

individual views on the models’ current

features, the relative mertis of the two

models, and any changes that the

proponents may make in the two

models.

These meetings are open to the

public. There will be no meeting on

Wednesday, October 1, 1997. Instead, a

meeting will be held on Tuesday,

September 30, 1997. The hour and the

place will remain unchanged (1 pm to

4 pm in the conference room of the

Universal Service Branch, 2100 M

Street, NW, Eighth Floor). Subsequent

meetings will be held each Wednesday

until further notice.

For further information about these

workshops, contact Chuck Keller, (202)

418–7380, ckeller@fcc.gov.

Federal Communications Commission.

Timothy A. Peterson,

Deputy Chief, Division.

[FR Doc. 97–25791 Filed 9–30–97; 10:36 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 203 and 252

[DFARS Case 97–D020]

Defense Federal Acquisition

Regulation Supplement; Employment

Prohibition on Persons Convicted of

Fraud or Other DoD Contract-Related

Felonies

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 expand the list

of positions in which contractors may

not allow persons convicted of fraud or

other DoD contract-related felonies to

serve, and to provide that the term of

such a prohibition on service may

exceed 5 years.

DATES: Comment date: Comments on the

proposed rule should be submitted in

writing to the address shown below on

or before December 1, 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. Michael Pelkey,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350.

E-mail comments submitted over the

Inernet should be addressed to:

dfars@acq.osd.mil Please cite DFARS Case 97–D020 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D020 in the subject line.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael Pelkey, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule amends DFARS

203.570–2 and the clause at 252.203–

7001 to expand the list of positions in

which a person convicted of a felony

arising out of a contract with DoD may

not serve, and to permit agencies to

prohibit such service for periods greater

than 5 years, in accordance with 10

U.S.C. 2408.

B. Regulatory Flexibility Act

The proposed 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 the rule pertains only to the

employment of persons convicted of a

felony arising out of a DoD contract. 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–D020 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed rule

does not impose any information

collection requirements that require the
51624 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

List of Subjects in 48 CFR Parts 203 and

252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 203 and 252

are proposed to be amended as follows:

1. The authority citation for 48 CFR

Parts 203 and 252 continues to read as

follows:

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

Chapter 1.

PART 203—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTEREST

2. Section 203.570 is revised to read

as follows:

203.570 Prohibition on persons convicted

of fraud or other DoD contract-related

felonies.

3. Section 203.570–2 is revised to read

as follows:

203.570–2 Policy.

(a) Contractors or subcontractors shall

not knowingly allow a person,

convicted after September 29, 1988, of

fraud or any other felony arising out of

a contract with DoD, to serve—

(1) In a management or supervisory

capacity on any DoD contract or firsttier subcontract;

(2) On its board of directors;

(3) As a consultant, agent, or

representative; or

(4) In any capacity with the authority

to influence, advise, or control the

decisions of any DoD contractor or

subcontractor with regard to any DoD

contract or first-tier subcontract.

(b) The period covered by the

prohibition in paragraph (a) of this

subsection is not less than 5 years from

the date of conviction unless waived in

the interest of national security by the

agency head or designee. Prohibition

periods greater than 5 years may be

imposed upon a written determination

by the agency head or designee. A copy

of each such determination shall be

provided to the Bureau of Justice

Assistance, U.S. Department of Justice,

633 Indiana Avenue, NW., Room 470,

Washington, DC 20531.

4. Section 203.570–5 is revised to read

as follows:

203.570–5 Contract clause.

Use the clause at 252.203–7001,

Special Prohibition on Persons

Convicted of Fraud or Other DoD

Contract-Related Felonies, in all

solicitations and contracts exceeding the

simplified acquisition threshold, except

solicitations and contracts for

commercial items.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

5. Section 252.203–7001 is amended

by revising the section heading, the

clause title and date, paragraphs (b) and

(c), the introductory text of paragraph

(d), and paragraph (h) to read as follows:

252.203–7001 Special Prohibition On

Persons Convicted of Fraud or Other DoD

Contract-Related Felonies.

* * * * *

Special Prohibition on Persons

Convicted of Fraud or Other DOD

Contract-Related Felonies (XXX 19XX)

* * * * *

(b) Any individual who is convicted

after September 29, 1988, of fraud or

any other felony arising out of a contract

with DoD is prohibited from serving—

(1) In a management or supervisory

capacity on any DoD contract or firsttier subcontract;

(2) On the board of directors of any

DoD contractor or first-tier

subcontractor;

(3) As a consultant, agent, or

representative to any DoD contractor or

first-tier subcontractor; or

(4) In any other capacity with the

authority to influence, advise, or control

the decisions of any DoD contractor or

subcontractor with regard to any DoD

contract or first-tier subcontract.

(c) Unless waived, the prohibition in

paragraph (b) of this clause applies for

not less than 5 years from the date of

conviction.

(d) 10 U.S.C. 2408 provides that a

defense contractor or first-tier

subcontractor shall be subject to a

criminal penalty of not more than

$500,000 if convicted of knowingly—

* * * * *

(h) Pursuant to 10 U.S.C. 2408(c),

defense contractors and subcontractors

may obtain information as to whether a

particular person has been convicted of

fraud or any other felony arising out of

a contract with DoD by contacting The

Office of Justice Programs, The Denial of

Federal Benefits Office, U.S. Department

of Justice, telephone (202) 616–3507.

(End of clause)

[FR Doc. 97–26115 Filed 10–1–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 192

[Docket No. RSPA–97–2879; Notice 1]

Remotely Controlled Valves on Natural

Gas Pipeline Facilities

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: Notice of public meeting.

SUMMARY: The Research and Special

Programs Administration (RSPA) invites

representatives of industry, state and

local government, and the public to an

open meeting on the use of remotely

controlled valves (RCVs) on natural gas

pipeline facilities. Congress mandated

the use of RCVs on interstate natural gas

pipeline facilities if it is determined as

a result of a survey and assessment that

the use of RCVs is technically and

economically feasible and would reduce

risks associated with a rupture of a

natural gas pipeline facility. The

purpose of this meeting is to gather

information and discuss issues relevant

to the survey and assessment.

DATES: The public meeting will be held

on October 30, 1997, beginning at 9:00

a.m. Persons who want to participate in

the public meeting should call (202)

366–4046 or e-mail their name,

affiliation, and phone number to

jenny.donohue@rspa.dot.gov before

close of business October 17, 1997. The

public meeting is open to all interested

parties, but RSPA may limit

participation because of space

considerations and the need to obtain a

wide range of views.

ADDRESSES: The meeting will be held in

Houston, Texas at the Adam’s Mark

Hotel, 2900 Briarpark Drive at

Westheimer. The hotel’s telephone

number is (713) 978–7400.

WRITTEN COMMENTS: Anyone may submit

written comments. Persons who are

unable to attend the public meeting may

submit written comments on or before

the deadline of November 28, 1997.

Interested persons should submit as part

of their written comments all material

that is relevant to a statement of fact or

argument. Late filed comments will be

considered so far as practicable.

Send written comments to the Docket

Facility, U.S. Department of

Transportation, Plaza 401, 400 Seventh

Street SW, Washington, DC 20590–0001.

Comments should identify the docket

number (RSPA–97–2879). Commenters

should submit an original and one copy.

Commenters wishing to receive