Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64929

the full text of those provisions, the offeror

may identify the provision by paragraph

identifier and provide the appropriate

information with its quotation or offer. Also,

the full text of a solicitation provision may

be accessed electronically at this/these

address(es):

lllllllllllllllllllll

lllllllllllllllllllll

[Insert one or more Internet addresses]

(End of provision)

52.252–2 Clauses Incorporated by

Reference.

As prescribed in 52.107(b), insert the

following clause:

Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more

clauses by reference, with the same force and

effect as if they were given in full text. Upon

request, the Contracting Officer will make

their full text available. Also, the full text of

a clause may be accessed electronically at

this/these address(es):

lllllllllllllllllllll

lllllllllllllllllllll

[Insert one or more Internet addresses]

(End of clause)

PART 53—FORMS

53.213 and 53.243 [Amended]

25. Amend the internal references

throughout 53.213 and 53.243 as

indicated in the following table:

Location Remove Insert

53.213(a) ............................................................................................................... 13.107 both times it appears ........................ 13.307(b)

53.213(b) ............................................................................................................... 13.503(b) ....................................................... 13.307(c)(3)

3.213(c) ................................................................................................................. 13.505(b) ....................................................... 13.306

53.213(d) ............................................................................................................... 13.404(e) ....................................................... 13.307(e)

53.213(e) ............................................................................................................... 13.107(c) ....................................................... 13.307(c)(1)

53.213(f)(1) ............................................................................................................ 13.505 ........................................................... 13.307

53.213(f)(2) ............................................................................................................ 13.202 ........................................................... 13.303–2

53.213(f)(2) ............................................................................................................ 13.204(e) ....................................................... 13.303–5

53.243 undesignated paragraph ........................................................................... 13.503(b) ....................................................... 13.302–3

[FR Doc. 97–31817 Filed 12–8–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 25

[FAC 97–03; FAR Case 97–021; Item V]

RIN 9000–AH80

Federal Acquisition Regulation;

Reporting Trade Sanction Exemptions

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

revise the reporting requirements for

trade sanction exemptions. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: February 9, 1998.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Mr. Paul

Linfield, Procurement Analyst, at (202)

501–1757. Please cite FAC 97–03, FAR

case 97–021.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR Subpart

25.10 to eliminate requirements for

agencies to notify Congress when

exercising the authority at FAR

25.1002(c) for exemption of certain

procurements from the trade sanctions

imposed by the President. The rule

instead requires agencies to notify the

United States Trade Representative

(USTR) of such exemptions within 30

days after contract award. FAR Subpart

25.10 implements sanctions imposed by

the President (58 FR 31136, May 28,

1993) pursuant to the Trade Agreements

Act (10 U.S.C. 2515), as amended by

Title VII of Public Law 100–418 (The

Buy American Act of 1988). The Buy

American Act of 1988 also amended 41

U.S.C. 10b-1 to permit agency heads to

waive application of the sanctions for

certain contracts after providing

notification to Congress.

The Buy American Act of 1988

included a sunset provision (Section

7004) by which amendments to 19

U.S.C. 2515 and 41 U.S.C. 10b-1 expired

on April 30, 1996. However, the

sanctions imposed by the President

remain in effect until the President

amends or terminates them. The

requirement to notify Congress is no

longer in effect. Since the USTR is

delegated by the President with

administering the sanctions, the

requirement to notify the USTR has

been retained.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–03, FAR

case 97–021), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 25

Government procurement.

Dated: December 1, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR part 25 is amended

as set forth below:

PART 25—FOREIGN ACQUISITION

1. The authority citation for 48 CFR

Part 25 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 25.1000 is revised to read

as follows:
64930 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

25.1000 Scope of subpart.

This subpart implements sanctions

imposed by the President (58 FR 31136,

May 28, 1993) pursuant to section

305(g)(1) of the Trade Agreements Act of

1979, as amended (19 U.S.C. 2515(g)(1)).

These sanctions apply to countries that

discriminate against U.S. products or

services in Government procurement.

This subpart does not apply to the

Department of Defense. For thresholds

that are unique to individual agencies

(e.g., Power Marketing Administration

of the Department of Energy), see agency

regulations.

3. Section 25.1002 is amended by

revising paragraph (c)(2) to read as

follows:

25.1002 Trade sanctions.

* * * * *

(c) * * *

(2) When a determination is made

according to this paragraph (c), the

agency shall notify the United States

Trade Representative within 30 days

after contract award.

* * * * *

[FR Doc. 97–31818 Filed 12–8–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 29

[FAC 97–03; FAR Case 97–018; Item VI]

RIN 9000–AH79

Federal Acquisition Regulation; New

Mexico Gross Receipts and

Compensating Tax

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

identify the Defense Special Weapons

Agency as an agency that has entered

into an agreement with the State of New

Mexico regarding taxation. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: December 9, 1997.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Victoria Moss, Procurement Analyst, at

(202) 501–4764. Please cite FAC 97–03,

FAR case 97–018.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 29.401–

6 by adding the Defense Special

Weapons Agency to the list in paragraph

(c)(1) as an agency that has entered into

an agreement with the State of New

Mexico to eliminate double taxation

under New Mexico’s Gross Receipts and

Compensating Tax Act. Because

participating Federal agencies may or

may not be executive agencies, the term

‘‘executive’’ has been deleted in

paragraphs (b) and (c)(1).

B. Regulatory Flexibility Act

This final rule does not constitute a

significant FAR revision within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., and

publication for public comments is not

required. However, comments from

small entities concerning the affected

FAR subpart will be considered in

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

comments must be submitted separately

and should cite 5 U.S.C. 601, et seq.

(FAC 97–03, FAR case 97–018), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which requires the approval of the

Office of Management and Budget under

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

List of Subjects in 48 CFR Part 29

Government procurement.

Dated: December 1, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR part 29 is amended

as set forth below:

PART 29—TAXES

1. The authority citation for 48 CFR

Part 29 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

29.401–6 [Amended]

2. Section 29.401–6 is amended in the

introductory text of paragraph (b) and

paragraph (c)(1) by removing

‘‘executive’’; and also in the list

following paragraph (c)(1) by adding, in

alphabetical order, ‘‘United States

Defense Special Weapons Agency;’’.

[FR Doc. 97–31819 Filed 12–8–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 31

[FAC 97–03; FAR Case 96–325; Item VII]

RIN 9000–AH50

Federal Acquisition Regulation;

Compensation of Certain Contractor

Personnel

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to adopt as final, with changes,

the interim rule published as Item XI of

Federal Acquisition Circular 90–45 on

January 2, 1997. The rule amends the

Federal Acquisition Regulation (FAR) to

implement Section 809 of the Fiscal

Year 1997 National Defense

Authorization Act (Pub. L. 104–201) by

placing a Governmentwide ceiling on

allowable compensation costs for

contractor personnel in senior

management positions under contracts

that are awarded during fiscal year

1997. This regulatory action was not

subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: February 9, 1998.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Linda Nelson, Procurement Analyst, at

(202) 501–1900. Please cite FAC 97–03,

FAR case 96–325.