Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54017

termination or partial termination of this

contract or upon completion of deliveries or

performance under the contract except

property that is authorized for use on a

follow-on or other Government contract.

Such property does not have to be

inventoried if the Contractor has notified the

property administrator that record balances

have been transferred to the receiving

contract.

(3) Restriction. The Contractor personnel

who perform physical inventories shall not

be the same individuals who maintain the

property records required by this contract or

have custody of the property unless

authorized to do so by the property

administrator.

(i) Markings. Promptly following receipt of

Government furnished property, the

Contractor shall determine whether the

property bears a Government ownership

marking, legibly and conspicuously mark

unmarked property with the phrase ‘‘U.S.

Government Property’’ (or a similar phrase

that conveys Government ownership), and

replace any control numbers affixed by

others with the Contractor’s control number.

(j) Overseas contracts. In a contract

performed outside the United States, its

territories, or possessions, the words

‘‘Government’’ and ‘‘Government furnished,’’

as used in this clause, mean ‘‘United States

Government’’ and ‘‘United States

Government furnished,’’ respectively.

(End of clause)

ALTERNATE I (XXX 19XX) As prescribed

in 245.102(c)(ii), substitute the following

paragraphs (f) and (g) for paragraphs (f) and

(g) of the basic clause:

(f) Property records. The Contractor shall

establish a separate property record for each

Government property item returned for

correction under a warranty and maintain the

records on a contract-by-contract basis. The

records shall identify the item’s name,

description, property classification, and

national stock number (if the item has a

national stock number), the date received, the

contract number under which the item was

returned, the corrective action performed,

and the date the item is returned to the

Government. Once a property record has

been established, identical items received for

corrective action shall be added to the

established record and the information

required by this paragraph maintained for

each item.

(g) Reports.—(1) Misdirected Government

property. The Contractor shall submit a

written report to the Government’s property

administrator immediately following receipt

of Government property intended for another

person or Government property not required

for performance of a Government contract

and request disposition instructions. To the

extent practical, the report shall identify the

shipment’s content, the intended recipient,

the carrier that made delivery, the

Government activity from which the

shipment originated, and the shipment’s

current location.

(2) Late Government furnished property.

The Contractor shall report to the Contracting

Officer, with a concurrent copy to the

Government’s property administrator, a

failure to receive Government furnished

property at the time stated in the contract or,

when a time is not stated, in sufficient time

to enable the Contractor to meet the

contract’s delivery or performance dates.

Each report shall forward the Contractor’s

estimate of the extent to which such failure

has affected or might affect contract

performance.

[FR Doc. 97–27438 Filed 10–16–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Part 252

[DFARS Case 97–D029]

Defense Federal Acquisition

Regulation Supplement; Reporting of

Contract Performance Outside the

United States

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 raise the

threshold for reporting contract

performance outside the United States

from $25,000 to the simplified

acquisition threshold, under contracts

exceeding $500,000.

DATES: Comment date: Comments on the

proposed rule should be submitted in

writing to the address shown below on

or before December 16, 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.

E-mail comments submitted over the

Internet should be addressed to:

dfars@acq.osd.mil

Please cite DFARS Case 97–D029 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D029 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms.

Amy Williams, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

The clause at DFARS 252.225–7026,

Reporting of Contract Performance

Outside the United States, presently

requires a contractor to submit a report

to the Deputy Director of Defense

Procurement (Foreign Contracting)

under a contract exceeding $500,000,

when any part that exceeds $25,000 will

be performed outside the United States,

unless a foreign place of performance is

the principal place of performance and

was indicated as such in the offer for the

contract. This rule proposes to increase

the $25,000 threshold to the simplified

acquisition threshold ($100,000). In

addition, the rule proposes to increase

the threshold for incorporation of the

clause in first-tier subcontracts from

$100,000 to $500,000. These

amendments are expected to reduce

information collection requirements by

approximately 40 percent.

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.

Annually, approximately 55 contractors

submit a total of approximately 1400

reports of contract performance outside

the United States. Reporting varies from

1 to 50 reports per contractor. Most of

the contractors that submit the reports

are not small businesses, and the report

is not excessively time-consuming. 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 subpart

also will be considered in accordance

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

should be submitted separately and

should cite DFARS Case 97–D029 in

correspondence.

C. Paperwork Reduction Act

The rule will result in a reduction of

paperwork burden on contractors. The

clause at DFARS 252.225–7026

presently has an approved annual

information collection requirement of

900 hours under Office of Management

and Budget Clearance Number 0704–

0229. Based on a review of 1995 and

1996 data, it is estimated that the

amendments in this rule will reduce

annual information collection

requirements by approximately 360

hours.

List of Subjects in 48 CFR Part 252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 252 is

proposed to be amended as follows:

1. The authority citation for 48 CFR

Part 252 continues to read as follows:

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

Chapter 1.
54018 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

2. Section 252.225–7026 is amended

by revising the clause date and the

introductory text of paragraph (a)(3); by

redesignating paragraphs (d)(i), (d)(ii),

and (d)(iii) as paragraphs (d)(1), (d)(2),

and (d)(3), respectively; and by revising

paragraph (c)(1). The revised text reads

as follows:

252.225–7026 Reporting of Contract

Performance Outside the United States.

* * * * *

REPORTING OF CONTRACT

PERFORMANCE OUTSIDE THE

UNITED STATES (XXX 19XX)

(a) * * *

(3) Contracts exceeding $500,000,

when any part that exceeds the

simplified acquisition threshold in Part

2 of the Federal Acquisition Regulation

will be performed outside the United

States, unless a foreign place of

performance is—

* * * * *

(c) * * *

(1) The Contractor shall include a

clause substantially the same as this one

in all first-tier subcontracts exceeding

$500,000, except subcontracts for

commercial items, construction, ores,

natural gases, utilities, petroleum

products and crudes, timber (logs), or

subsistence.

* * * * *

[FR Doc. 97–27437 Filed 10–16–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 227

Endangered and Threatened Wildlife

and Plants; 90-Day Finding for a

Petition To List the Atlantic Sturgeon

(Acipenser oxyrhinchus oxyrhinchus)

in the United States as Endangered or

Threatened

AGENCY: Fish and Wildlife Service,

Interior; National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of 90-day petition

finding and request for information.

SUMMARY: The U.S. Fish and Wildlife

Service and the National Marine

Fisheries Service (collectively the

‘‘Services’’) announce a 90-day finding

for a petition to add the Atlantic

sturgeon (Acipenser oxyrhinchus

oxyrhinchus), where it continues to

exist in the United States, to the List of

Threatened and Endangered Wildlife

and to designate critical habitat. The

Services find that the petition presents

substantial information indicating that

the petitioned action to list Atlantic

sturgeon may be warranted. The

Services are now initiating a status

review to determine whether listing of

the Atlantic sturgeon in its North

American range, including Atlantic

Canada, is warranted, and to prepare a

12-month finding. To assure that the

review is comprehensive, the Services

are soliciting information and data on

this species.

DATES: The finding announced in this

document was made on October 2, 1997.

Comments and materials related to this

petition finding must be submitted to

National Marine Fisheries Service,

Northeast Region, Habitat and Protected

Resources Division, at the ADDRESS

below, by December 16, 1997, to be

considered in the 12-month finding.

ADDRESSES: Information, comments or

questions concerning the Atlantic

sturgeon petition should be submitted to

Christopher Mantzaris, Chief, Habitat

and Protected Resources Division,

National Marine Fisheries Service, One

Blackburn Drive, Gloucester,

Massachusetts 01930. The petition,

finding, supporting data, and comments

are available for public inspection by

appointment during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Mary Colligan (508–281–9116) or Ray

Santos (508–281–9103) at the above

address, or Anne Hecht of the U.S. Fish

and Wildlife Service (508-443–4325).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act of 1973, as amended (ESA)

(16 U.S.C. 1531–1544) requires that the

Services make a finding on whether a

petition to list, delist or reclassify a

species presents substantial scientific or

commercial information to indicate that

the petitioned action may be warranted.

To the maximum extent practicable, this

finding is to be made within 90 days of

the receipt of the petition, and the

finding is to be published promptly in

the Federal Register. If the finding is

positive, the Services are required to

commence a status review of Atlantic

sturgeon and to disclose their findings

within 12 months of receipt of the

petition (12-month finding).

On June 2, 1997, a petition dated May

29, 1997, was received by the Services

from the Biodiversity Legal Foundation.

The petitioner requested the Services to

list Atlantic sturgeon, in the United

States where it continues to exist, as

threatened or endangered and to

designate critical habitat within a

reasonable period of time following the

listing. The petitioner submitted

biological, distributional, and historical

information on Atlantic sturgeon

populations and identified potential

threats including commercial fishing

(directed and incidental), river

damming, habitat loss, and water

quality. Also, the petitioner cited

scientific references in support of the

petition.

There are two subspecies of Atlantic

sturgeon. The first subspecies,

Acipenser oxyrhinchus desotoi, known

as Gulf sturgeon, occurs from the

Mississippi River to Tampa Bay,

Florida. This subspecies was listed in

1991 as threatened under the ESA. The

petition and this finding address the

second subspecies, Acipenser

oxyrhinchus oxyrhinchus, known as the

Atlantic sturgeon, which is distributed

in the western North Atlantic from

Hamilton Inlet, Labrador, south to the

St. Lucie River, Florida.

Atlantic sturgeon are anadromous fish

that may live up to 60 years, reach

lengths of up to 4 meters (m) (14 feet

(ft)), and weigh over 363 kilograms (kg)

(800 pounds (lb)). They are

distinguished by armor-like plates and a

long protruding snout. Ventrally located

on the snout is a protruding mouth with

four barbels crossing in front. Sturgeon

are omnivorous benthic feeders eating

opportunistically and filtering

quantities of mud along with their food.

Adult sturgeon diets include mollusks,

gastropods, amphipods, isopods, and

fish. Juvenile sturgeon feed on aquatic

insects and other invertebrates.

Depending on geographic location

and sex, sturgeon reach sexual maturity

at different ages. Males tend to reach

maturity faster than females and the

average age of maturity for both males

and females increases with increasing

latitude along the Atlantic coast. Age at

sexual maturity for males ranges from 5

to 24 years, and for females, from 7 to

30 years (ASMFC 1990). Sexually

mature sturgeon begin their spawning

run as early as March (in the southern

Atlantic coast) and as late as July (in the

higher latitudes). Spawning occurs in

flowing fresh or estuarine waters with a

hard bottom, where the extremely

adhesive eggs stick together in clusters.

After hatching, juveniles may remain in