Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules 64545

Industries Association, the Independent

Petroleum Association of America, and

the American Petroleum Institute

requested a 60-day extension of the

comment period to allow time for a

complete and extensive analysis of the

impact of adoption of this proposal on

normal and planned activities by the oil

and gas industry onshore and offshore,

particularly in light of the Bureau of

Land Management’s (BLM’s) proposed

rulemaking published in the Federal

Register on October 17, 1996. Finally,

by letter dated November 24, 1997,

Senator Frank H. Murkowski, Senator

Larry E. Craig, and Senator Craig

Thomas of the United States Senate

Committee on Energy and Natural

Resources, strongly urged the Director of

OHA to extend the comment period for

an additional 60 days, to allow the

Committee to host a meeting with

constituents to discuss the proposed

change to 43 CFR 4.21 and the material

requested by RMOGA under the

Freedom of Information Act, as well as

BLM’s proposed rule to modify its

appeal regulation.

The OHA has determined that an

extension of time to obtain additional

comments on the proposed rule is

warranted and, therefore, the requested

extension is granted. This notice

announces that 60-day extension to the

comment period.

Dated: December 2, 1997.

Barry E. Hill,

Director.

[FR Doc. 97–31963 Filed 12–5–97; 8:45 am]

BILLING CODE 4310–RK–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1843 and 1852

Equitable Adjustments Under

Contracts for Construction,

Dismantling, Demolishing, or

Removing Improvements

AGENCY: Office of Procurement, Contract

Management Division, National

Aeronautics and Space Administration

(NASA).

ACTION: Notice of proposed rulemaking.

SUMMARY: This is a proposed rule

amending the NASA Federal

Acquisition Regulation Supplement

(NFS) to set forth a clause that may be

used for equitable adjustments under

contracts for construction, and

dismantling, demolishing, or removing

improvements that are contemplated to

be fixed-price and exceed the simplified

acquisition threshold.

DATES: Comments must be received on

or before February 6, 1998.

ADDRESSES: Submit comments to Mr.

Joseph Le Cren, NASA Headquarters,

Code HK, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:

Mr. Joseph Le Cren, Telephone: (202)

358–0444.

SUPPLEMENTARY INFORMATION:

Background

Some NASA field installations have

used clauses containing ceilings on

indirect costs and profit as a means for

handling equitable adjustments under

construction contracts. Instead of each

installation using its own clause, there

is a consensus that it would be in both

NASA’s and the contractors’ interests to

have a standard clause to establish

greater consistency throughout the

agency. The proposed clause also would

reduce the administrative burden

associated with the development of an

equitable adjustment clause on an

installation-by-installation or contractby-contract basis.

Neither the use of the proposed clause

nor the language contained in it would

be mandatory. This flexibility is being

provided so that the clause is used only

when it is considered appropriate and to

allow for differences, such as in

terminology, that exist in the

construction industry in different parts

of the United States. The ceiling indirect

cost and profit rates contained in the

clause, although not mandatory, are

benchmarks as to what is generally

considered reasonable. The rates are

considered reasonable based on NASA’s

experience with equitable adjustments

for construction. In addition, the ceiling

rates contained in the proposed clause

are the same as those that have been

used for many years by both the General

Services Administration and the

Department of Veterans Affairs. The

rates used by these agencies have

significance since they have much larger

construction budgets than NASA.

Impact

NASA certifies that this proposed

regulation will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

This rule does not impose any reporting

or record keeping requirements subject

to the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1843

and 1852

Government procurement.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR Parts 1843 and

1852 are amended as follows:

1. The authority citation for 48 CFR

Parts 1843 and 1852 continues to read

as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1843—CONTRACT

MODIFICATIONS

1843.205–70 [Amended]

2. In section 1843.205–70, the

designated paragraphs (a), (b), and (c)

are redesignated as paragraphs (a)(1), (2)

and (3), and a new paragraph (b) is

added to read as follows:

1843.205–70 NASA contract clause.

* * * * *

(b) the contracting officer may insert

a clause substantially as stated at

1852.243–72, Equitable Adjustments, in

solicitations and contracts for—

(1) Dismantling, demolishing, or

removing improvements; or

(2) Construction, when the contract

amount is expected to exceed the

simplified acquisition threshold and a

fixed-price contract is contemplated.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

1852.243–72 [Added]

3. Section 1852.243–72 is added to

read as follows:

1852.243–72 Equitable Adjustments.

As prescribed in 1843.205–70(b),

insert the following clause.

Equitable Adjustments

(a) The provisions of all other clauses

contained in this contract which provide for

an equitable adjustment, including those

clauses incorporated by reference with the

exception of the ‘‘Suspension of Work’’

clause (FAR 52.242–14), are supplemented as

follows:

Upon written request, the Contractor shall

submit a proposal for review by the

Government. The proposal shall be submitted

to the contracting officer within the time

limit indicated in the request or any

extension thereto subsequently granted. The

proposal shall provide an itemized

breakdown of all increases and decreases in

the contract for the Contractor and each

subcontractor in at least the following detail:

material quantities and costs; direct labor

hours and rates for each trade; the associated

FICA, FUTA, SUTA, and Workmen’s

Compensation Insurance; and equipment

hours and rates.
64546 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Proposed Rules

(b) The overhead percentage cited below

shall be considered to include all indirect

costs including, but not limited to, field and

office supervisors and assistants, incidental

job burdens, small tools, and general

overhead allocations. ‘‘Commission’’ is

defined as profit on work performed by

others. The percentages for overhead, profit,

and commission are negotiable according to

the nature, extent, and complexity of the

work involved, but in no case shall they

exceed the following ceilings:

Overhead

(percent)

Profit

(percent)

Commission

(percent)

To Contractor on work performed by other than its own forces .................................................................... .................. .................. 10

To first tier subcontractor on work performed by its subcontractors ............................................................. .................. .................. 10

To Contractor and/or subcontractors on work performed with their own forces ........................................... 10 10 ..................

(c) Not more than four percentages for

overhead, profit, and commission shall be

allowed regardless of the number of

subcontractor tiers.

(d) The Contractor or subcontractor shall

not be allowed overhead or commission on

the overhead, profit, and/or commission

received by its subcontractors.

(e) Equitable adjustments for deleted work

shall include credits, limited to the same

percentages for overhead, profit, and

commission in paragraph (b) of this clause.

(f) On proposals covering both increases

and decreases in the amount of the contract,

the application of the overhead, profit, and

commission shall be on the net change in

direct costs for the Contractor or the

subcontractor performing the work.

(g) After receipt of the Contractor’s

proposal, the contracting officer shall act

within a reasonable period, provided that

when the necessity to proceed with a change

does not permit time to properly check the

proposal, or in the event of a failure to reach

an agreement on a proposal, the contracting

officer may order the Contractor to proceed

on the basis of the price being determined at

the earliest practicable date. In such a case,

the price shall not be more than the increase

or less than the decrease proposed.

(End of clause)

[FR Doc. 97–31935 Filed 12–5–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 572

[Docket No. NHTSA–97–3144]

RIN 2127–AG74

Side Impact Anthropomorphic Test

Dummy

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes

specifications and qualification

requirements for a newly-developed

anthropomorphic test dummy. The

dummy would be used in compliance

testing under an earlier companion

proposal to amend the standard on head

impact protection. The earlier proposal

would facilitate the introduction of

dynamic side impact protection devices

by permitting vehicle manufacturers to

comply with alternative performance

requirements. To demonstrate

compliance with those requirements,

that proposal specifies a dynamic crash

test which uses the new dummy.

DATES: Comment closing date:

Comments on this notice must be

received by NHTSA no later than

January 22 1998.

ADDRESSES: Any comments should refer

to the docket and notice number of this

notice and be submitted (preferably in

10 copies) to: U.S. Department of

Transportation, Docket Management

Room PL–401, 400 Seventh Street, SW.,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

The following persons at the National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington,

DC 20590:

For non-legal issues: Stan Backaitis,

Office of Crashworthiness Standards,

NPS–11, telephone (202) 366–4912,

facsimile (202) 366–4329, electronic

mail ‘‘sbackaitis@nhtsa.dot.gov’’.

For legal issues: Otto Matheke, Office

of the Chief Counsel, NCC–20,

telephone (202) 366–5253, facsimile

(202) 366–3820, electronic mail

‘‘omatheke@nhtsa.dot.gov’’.

SUPPLEMENTARY INFORMATION:

I. Background

This proposal supplements an earlier

proposal previously published in the

Federal Register that would amend

Federal Motor Vehicle Safety Standard

(FMVSS) No. 201, Head Impact

Protection. [62 FR 45202] The earlier

companion proposal would facilitate the

introduction of dynamic side impact

protection devices by permitting vehicle

manufacturers to comply with

alternative performance requirements.

To demonstrate compliance with those

requirements, that proposal specifies a

dynamic crash test. In the test, a vehicle

would be propelled sideways at a speed

of 29 km/h (18 mph) into a 254 mm (10

inch) rigid pole. An anthropomorphic

test dummy would be in the outboard

front seat on the struck side of the

vehicle. This notice proposes the

specifications and calibration

requirements for that test dummy.

The dummy proposed in this notice is

based on two existing dummies, the part

572, subpart F anthropomorphic test

device (Side Impact Dummy or SID) that

is used in testing under FMVSS 214,

Side Impact Protection, and the part

572, subpart E anthropomorphic test

device (Hybrid III or HIII) that is used

in testing under FMVSS 208, Occupant

Crash Protection. The proposed dummy

would combine the head and neck of

the Hybrid III (HIII) with the torso and

extremities of the Side Impact Dummy

(SID) through the use of a redesigned

neck bracket. The agency tentatively

concludes that the resulting SID/HIII

dummy would be operational and

adequate for use in the proposed rule.

II. Agency Proposal

The specifications for the proposed

side impact dummy would consist of (1)

a drawing package containing all of the

technical details of the neck bracket

used for mating the SID torso with the

HIII head and neck assembly, (2) a parts

list, and (3) a SID/HIII user manual

containing instructions for inspection,

assembly, disassembly, use, and

adjustments of dummy components.

These drawings and specifications

would ensure that the dummies would

be the same in their construction. The

performance calibration tests proposed

in this NPRM would serve to assure that

the SID/HIII responses are within the

established biomechanical corridors and

further assure the uniformity of dummy

assembly, structural integrity, and

adequacy of instrumentation. As a

result, the repeatability of the dummy’s

performance in dynamic testing would

be ensured.

The dummy would be instrumented

with an accelerometer array for

measurement of accelerations in the

head during impacts. The rule would

specify the manner and location of

installation of sensors to reduce

variability in their measurements that

might otherwise result from differences

in location and mounting.