Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67749

‘‘funds appropriated by Congress.’’ This

is also reflected in the House Report,

which provides:

Section 5 is not intended to have the effect

of de-funding an entire program, such as a

Legal Services program or other legal or

advocacy program, simply because some

State or privately funded portion of that

program may advocate for or file suit to

compel funding or services for assisted

suicide. This section is intended only to

restrict Federal funds from being used for

such activities.

House Report at 19–20. This distinction

is particularly important for recipients

in the State of Oregon, where the law

now permits assisted suicide. If

recipients in Oregon undertake any of

the activities prohibited by this part,

they must be able to demonstrate that no

LSC funds supported the activities.

In addition, recipients may have other

Federal grants restricted by various

provisions of the Assisted Suicide Act.

This paragraph does not affect the

recipient’s obligation to comply with all

the terms of such a grant. Although this

rule restricts only the use of LSC grant

funds, a recipient’s other funds are still

subject to any restrictions that are

included in other grant agreements.

Section 1643.5 Recipient Policies and

Recordkeeping

The proposed rule required recipients

to establish written policies and

procedures to guide the recipient’s staff

to ensure compliance with this rule and

to maintain sufficient documentation to

demonstrate compliance with this part.

ATTAC urged the Corporation to revise

this section to minimize the

recordkeeping burden of recipients and

noted that the preamble to the proposed

rule stated that ‘‘the type of

recordkeeping necessary to demonstrate

compliance with this rule would be

documentation that only non-LSC funds

were used for any activities prohibited

by this rule.’’ ATTAC interpreted this

statement as requiring recipients to

create new records to ensure

compliance. The Board did not revise

the recordkeeping requirement because

it is not new to recipients. To comply

with this requirement, recipients need

only follow their normal accounting

standards and procedures.

The Board did, however, delete the

requirement that recipients adopt

procedures because no procedures

should be necessary for an activity in

which the recipients must not engage. It

is sufficient for recipients to establish a

policy prohibiting engagement in the

prohibited activities.

List of Subjects in 45 CFR Part 1643

Grants, Lobbying, Health care, Legal

Services.

For reasons set forth in the preamble,

LSC amends CS Chapter XVI of Title 45

by adding part 1643 as follows:

PART 1643—RESTRICTION ON

ASSISTED SUICIDE, EUTHANASIA,

AND MERCY KILLING

Sec.

1643.1 Purpose.

1643.2 Definitions.

1643.3 Prohibition.

1643.4 Applicability.

1643.5 Recipient policies and

recordkeeping.

Authority: Pub. L. 105–12; 42 U.S.C.

2996f(b)(11).

§ 1643.1 Purpose.

This part is intended to ensure that

recipients do not use any LSC funds for

any assisted suicide, euthanasia or

mercy killing activities prohibited by

this part.

§ 1643.2 Definitions.

(a) Assisted suicide means the

provision of any means to another

person with the intent of enabling or

assisting that person to commit suicide.

(b) Euthanasia (or mercy killing) is the

use of active means by one person to

cause the death of another person for

reasons assumed to be merciful,

regardless of whether the person killed

consents to be killed.

(c) Suicide means the act or instance

of taking one’s own life voluntarily and

intentionally.

§ 1643.3 Prohibition.

No recipient may use LSC funds to

assist in, support, or fund any activity

or service which has a purpose of

assisting in, or to bring suit or provide

any other form of legal assistance for the

purpose of:

(a) Securing or funding any item,

benefit, program, or service furnished

for the purpose of causing, or the

purpose of assisting in causing, the

suicide, euthanasia, or mercy killing of

any individual;

(b) Compelling any person,

institution, or governmental entity to

provide or fund any item, benefit,

program, or service for such purpose; or

(c) Asserting or advocating a legal

right to cause, or to assist in causing, the

suicide, euthanasia, or mercy killing of

any individual.

§ 1643.4 Applicability.

(a) Nothing in § 1643.3 shall be

interpreted to apply to:

(1) The withholding or withdrawing

of medical treatment or medical care;

(2) The withholding or withdrawing

of nutrition or hydration;

(3) Abortion;

(4) The use of items, goods, benefits,

or services furnished for purposes

relating to the alleviation of pain or

discomfort even if they may increase the

risk of death, unless they are furnished

for the purpose of causing or assisting

in causing death; or

(5) The provision of factual

information regarding applicable law on

assisted suicide, euthanasia and mercy

killing. Nor shall § 1643.3 be interpreted

as limiting or interfering with the

operation of any other statute or

regulation governing the activities listed

in this paragraph.

(b) This part does not apply to

activities funded with a recipient’s nonLSC funds.

§ 1643.5 Recipient policies and

recordkeeping.

The recipient shall adopt written

policies to guide its staff in complying

with this part and shall maintain

records sufficient to document the

recipient’s compliance with this part.

Dated: December 23, 1997.

Victor M. Fortuno,

General Counsel.

[FR Doc. 97–33875 Filed 12–29–97; 8:45 am]

BILLING CODE 7050–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201, 1202, 1203, 1205,

1206, 1209, 1214, 1216, 1217, 1222,

1224, 1225, 1236, 1237, 1246, and 1252

Amendment of Department of

Transportation Acquisition

Regulations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This final rule amends the

Transportation Acquisition Regulation

(TAR) to reflect the changes to the

Federal Acquisition Regulation through

the Federal Acquisition Circular 90–46

and to delete certification requirements.

DATES: This rule is effective January 29,

1998.

FOR FURTHER INFORMATION CONTACT:

Charlotte Hackley, Office of Acquisition

and Grant Management, M–60, 400

Seventh Street SW., Washington, DC

20590: (202) 366–4267.

SUPPLEMENTARY INFORMATION:

A. Background

The Department of Transportation has

determined that changes to the
67750 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Transportation Acquisition Regulation

(TAR) are necessary to implement and

align it with 48 CFR Chapter Circulars

90–43 through 90–46, to delete

certification requirements, amend part

1211 to insert language inadvertently

omitted in 61 FR 50248, September 25,

1996, to implement statutory

requirements, and to make minor

editorial revisions and corrections.

B. Regulatory Analysis and Notices

The Department has determined that

this action is not a significant regulatory

action under Executive Order 12866 or

under the Department’s Regulatory

Policies and Procedures. The

Department does not believe that there

would be significant Federalism

implications to warrant the preparation

of a Federalism assessment.

C. Regulatory Flexibility Act

The Department certifies that this

final rule does not 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 merely restates previous TAR

coverage, deletes certification

requirements which do not significantly

alter the amount of information

currently required, and makes minor

editorial revisions.

D. Paperwork Reduction Act

There are no new information

collection requirements that require

clearance previously approved under

OMB Control No. 2105–0517.

List of Subjects in 48 CFR Parts 1201,

1202, 1203, 1205, 1206, 1209, 1214,

1216, 1217, 1222, 1224, 1225, 1236,

1237, 1246, and 1252

Government procurement.

The Final rule is issued under the

delegated authority of 49 CFR part

1.59(p). This authority is redelegated to

the Senior Procurement Executive,

issued this 18th day of December 1997,

at Washington, DC.

David J. Litman,

Director of Acquisition and Grant

Management.

Adoption of Amendments

For the reasons set out in the

preamble, 48 CFR Chapter 12 is

amended as follows:

1. The authority citation for 48 CFR

chapter 12, parts 1201, 1202, 1203,

1205, 1206, 1209, 1214, 1216, 1217,

1222, 1224, 1225, 1236, 1237, 1246, and

1252 continues to read as follows:

Authority: 5 U.S.C. 301; 41 U.S.C. 418(b);

48 CFR 3.1.

PART 1201—FEDERAL ACQUISITION

REGULATIONS SYSTEM [AMENDED]

2. Section 1201.105–2(b)(1)(i) is

amended by revising ‘‘(FAR) 48 CFR

1.104–2(b)’’ to read ‘‘(FAR) 48 CFR

1.105–2.’’

2a. Section 1201.105–3 is amended by

designating the existing text as

paragraph (a) and adding paragraph (b)

to read as follows:

§ 1201.105–3 Copies.

* * * * *

(b) The (TAR) 48 CFR chapter 12 and

Transportation Acquisition Circulars

(TACs) are available on the internet. See

part 1202, appendix A, for the internet

address.

2b. Section 1201.106(a) is amended by

revising ‘‘April 30, 1997’’ to read ‘‘May

31, 2000.’’

PART 1202—DEFINITIONS OF WORDS

AND TERMS

3. Section 1202.1 paragraphs (b)

through (j) are redesignated as

paragraphs (c) through (k); paragraph (b)

is added and newly designated

paragraphs (i), (j)(1) and (j)(7) are

revised to read as follows:

§ 1202.1 Definitions.

* * * * *

(b) Chief Information Officer (CIO)

means the Director of the Office of the

CIO (S–80).

* * * * *

(i) Head of the operating

administration (HOA) means the

individual appointed by the President to

manage the operating administration.

(For acquisition related matters, the

Director, Transportation Administrative

Service Center (TASC) is the HOA for

TASC.)

(j) * * *

(1) Federal Aviation Administration

(FAA). (FAA is exempt from the TAR

(48 CFR chapter 12) and TAM in

accordance with the ‘‘Department of

Transportation and Related

Appropriations Act for FY 1996’’);

* * * * *

(7) Transportation Administrative

Service Center (TASC);

* * * * *

3a. Subpart 1202.70 is added as

follows:

Subpart 1202.70—Internet Links

§ 1202.7000 General.

Throughout the (TAR) 48 CFR chapter

12, referenced documents which can be

found on the internet will cite the

applicable internet address. These

addresses are located in Appendix A of

this part.

3b. Appendix A to part 1202 is added

to read as follows:

APPENDIX A TO PART 1202.—LIST OF INTERNET ADDRESSES FOR TAR DOCUMENTS

TAR part Document name Internet address

1201 .............. TAR ........................................................... http://www.dot.gov/ost/m60/tamtar/part1201.htm

TAC ........................................................... http://www.dot.gov/ost/m60/tamtar/part1201.htm

1205 .............. DOT Procurement Forecast ..................... http://osdbuweb.dot.gov/consolic.htm

1234 .............. Major Acquisition Policies and Procedures.http://www.dot.gov/ost/m60/tamtar/chap1234.htm

PART 1203—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTEREST

Subpart 1203.1—Safeguards

§ 1203.104–11 [Amended]

4. The heading of section 1203.104–11

is revised to read ‘‘Criminal and civil

penalties, and further administrative

remedies.’’

PART 1205—PUBLICIZING CONTRACT

ACTIONS

5. In part 1205, subpart 1205.90 is

added to read as follows:

Subpart 1205.90—Publicizing Contract

Actions For Personal Services

Contracting

Authority: 5 U.S.C. 301; 41 U.S.C. 418(b);

48 CFR 3.1.
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67751

Subpart 1205.90—Publicizing Contract

Actions for Personal Services

Contracting

§ 1205.9000 Applicability. (USCG)

Contracts awarded by the U.S. Coast

Guard using the procedures in (TAR) 48

CFR 1237.104–91 are expressly

authorized under Section 1091 of Title

10 U.S.C. as amended by Pub. L. 104–

106, DOD Authorization Act, Section

733 for the Coast Guard and are exempt

from the requirements of (FAR) 48 CFR

part 5.

PART 1206—COMPETITION

REQUIREMENTS

6. In part 1206, subpart 1206.90 is

added to read as follows:

Subpart 1206.90—Competition

Requirements for Personal Services

Contracting

Authority: 5 U.S.C. 301; 41 U.S.C. 418(b);

48 CFR 3.1.

Subpart 1206.90—Competition

Requirements for Personal Services

Contracting

§ 1206.9000 Applicability. (USCG)

Contracts awarded by the U.S. Coast

Guard using the procedures in (TAR) 48

CFR 1237.104–91 are expressly

authorized under Section 1091 of Title

10 U.S.C. as amended by Pub. L. 104–

106, DOD Authorization Act, Section

733 for the Coast Guard and are exempt

from the competition requirements of

(FAR) 48 CFR part 6.

PART 1209—CONTRACTOR

QUALIFICATIONS

7. Subpart 1209.4 is added to read as

follows:

Subpart 1209.4—Debarment,

Suspension, and Ineligibility

§ 1209.408–70 Denial of funds.

(a) In accordance with Section 558 of

the National Defense Authorization Act

for Fiscal Year 1995 (Pub. L. 103–337)

and Section 206 of the Coast Guard

Authorization Act of 1996 (Pub. L. 104–

324), no funds available under

appropriations acts for any fiscal year

for DOT may (with respect to recruiting)

be provided by contract to any

institution of higher education that has

a policy or practice, regardless of when

implemented, that either prohibits or in

effect prevents the Secretary of Defense

from obtaining for military recruiting

purposes:

(1) Entry to campuses or access to

students on campuses; or

(2) Access to directory information on

students.

(b) Directory information means the

student’s name, address, telephone

listing, date and place of birth, level of

education, academic major, degrees

received, and the most recent

educational institution in which the

student was enrolled.

(c) Students referred to in paragraph

(a)(1) of this section are individuals who

are 17 years of age or older and are

enrolled at a covered school.

(d) Covered school means an

institution of higher education, or a

subelement of an institution of higher

education.

PART 1214—SEALED BIDDING

8. Section 1214.303 is removed.

PART 1216—TYPES OF CONTRACTS

9. Section 1216.405 is redesignated as

section 1216.406 and paragraphs (a)

through (c) are redesignated as (e)(1)(i)

through (iii), respectively.

PART 1217—SPECIAL CONTRACTING

METHODS

10. Subpart 1217.1 (1217.102 and

1217.102–1) is removed.

PART 1222—APPLICATION OF LABOR

LAWS TO GOVERNMENT

ACQUISITIONS

11. Subpart 1222.6 (1222.608 and

1222.608–4) is removed.

PART 1224—PROTECTION OF

PRIVACY AND FREEDOM OF

INFORMATION:

12. Section 1224.202 is redesignated

as section 1224.203.

PART 1225—FOREIGN ACQUISITION

13. Part 1225 (FAA Supplement) is

removed and reserved.

PART 1236—CONSTRUCTION AND

ARCHITECT-ENGINEER CONTRACTS

14. Section 1236.602–1 is amended by

removing paragraphs (a), (a)(1) through

(a)(5)(iii), and (c).

PART 1237—SERVICE CONTRACTING

15. Section 1237.104–90 is revised

and 1237.104–91 is added to read as

follows:

§ 1237.104–90 Delegation of authority.

(USCG)

(a) Section 733(a) of Pub. L. 104–106,

the DOD Authorization Act of 1996,

amended Title 10 of the United States

Code to include a new provision which

authorizes the Secretary, with respect to

the Coast Guard, to enter into personal

services contracts at medical treatment

facilities (10 U.S.C. 1091).

(b) The authority of the Secretary of

Transportation under Pub. L. 104–106 to

award personal services contracts for

medical services at facilities for the

Coast Guard is delegated to the HCA

with the authority to redelegate to

contracting officers under procedures

established by the HCA, who will

address applicable statutory limitations

under Section 1091A of Title 10 U.S.C.

§ 1237.104–91 Personal services contracts

with individuals under the authority of 10

U.S.C. 1091 (USCG).

(a) Personal services contracts for

health care services are authorized by 10

U.S.C. 1091 for the Coast Guard.

Sources for contracts for health care

services under the authority of 10 U.S.C.

1091 shall be selected through

procedures established in this section.

These procedures do not apply to

contracts awarded to business entities

other than individuals. Selections made

using the procedures in this section are

exempt by statute from (TAR) 48 CFR

part 1206 competition requirements (see

(TAR) 48 CFR 1206.9000 (USCG)) and

from (FAR) 48 CFR Part 6 competition

requirements.

(b) The contracting officer must

provide adequate advance notice of

contracting opportunities to individuals

residing in the area of the facility. The

notice should include the qualification

criteria against which individuals

responding shall be evaluated.

Contracting officers shall solicit offerors

through the most effective means of

seeking competition, such as a local

publication which serves the area of the

facility. Acquisitions for health care

services using personal services

contracts are exempt from posting and

synopsis requirements of (FAR) 48 CFR

part 5.

(c) The contracting officer shall

provide the qualifications of individuals

responding to the notice to the

representative(s) responsible for

evaluation and ranking in accordance

with the evaluation procedures.

Individuals must be considered solely

on the professional qualifications

established for the particular health care

services being acquired and the

Government’s estimate of reasonable

rates, fees, or costs. The

representative(s) responsible for the

evaluation and ranking shall provide the

contracting officer with rationale for the

ranking of the individuals consistent

with the required qualifications.

(d) Upon receipt of the ranked listing

of offerors, the contracting officer shall

either:
67752 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

(1) Enter into negotiations with the

highest ranked offeror. If a mutually

satisfactory contract cannot be

negotiated, the contracting officer shall

terminate negotiations with the highest

ranked offeror and enter into

negotiations with the next highest, or;

(2) Enter into negotiations with all

qualified offerors and select on the basis

of qualifications and rates, fees, or other

costs.

(e) In the event only one individual

responds to an advertised requirement,

the contracting officer is authorized to

negotiate the contract award. In this

case, the individual must still meet the

minimum qualifications of the

requirement and the contracting officer

must be able to make a determination

that the price is fair and reasonable.

(f) If a fair and reasonable price

cannot be obtained from a qualified

individual, the requirement should be

canceled and acquired using procedures

other than those set forth in this section.

(g) The total amount paid to an

individual in any year for health care

services under a personal services

contract shall not exceed the paycap in

COMDTINST M4200.19 (series), Coast

Guard Acquisition Procedures.

(h) The contract may provide for the

same per diem and travel expenses

authorized for a Government employee,

including actual transportation and per

diem in lieu of subsistence for travel

between home or place of business and

official duty station and only for travel

outside the local area in support of the

statement of work.

(i) Coordinate benefits, taxes and

maintenance of records with the

appropriate office(s).

(j) The contracting officer shall insure

that contract funds are sufficient to

cover all contingency items that may be

cited in the statement of work for health

care services.

PART 1246—QUALITY ASSURANCE

16. Section 1246.705 is amended by

revising paragraph (a)(3) to read as

follows:

§ 1246.705 Limitations.

(a) * * *

(3) Any warranty obtained shall

specifically exclude coverage of damage

in time of war or national emergency.

PART 1252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

17. Section 1252.223–70, 1252.228–

70, 1252.228–72 are revised to read as

follows and 1252.225–90 and 1252.225–

91 are removed

§ 1252.223–70 Removal or disposal of

hazardous substances—applicable licenses

and permits.

As prescribed in (TAR) 48 CFR

1223.303, insert the following clause:

Removal or Disposal of Hazardous

Substances—Applicable Licenses and

Permits (Dec. 1997)

The Contractor must have all licenses and

permits required by Federal, state, and local

laws to perform hazardous substance(s)

removal or disposal services. If the

Contractor does not currently possess these

documents, it must obtain all requisite

licenses and permits within l days after date

of award. The Contractor shall provide

evidence of said documents to the

Contracting Officer or designated

Government representative prior to

commencement of work under the contract.

(End of clause)

§ 1252.228–70 Loss of or damage to

leased aircraft.

As prescribed in (TAR) 48 CFR

1228.306–70 (a) and (b), insert the

following clause:

Loss of or Damage to Leased Aircraft (Dec.

1997)

(a) The Government assumes all risk of loss

of, or damage (except normal wear and tear)

to, the leased aircraft during the term of this

lease while the aircraft is in the possession

of the Government.

(b) In the event of damage to the aircraft,

the Government, at its option, shall make the

necessary repairs with its own facilities or by

contract, or pay the Contractor the reasonable

cost of repair of the aircraft.

(c) In the event the aircraft is lost or

damaged beyond repair, the Government

shall pay the Contractor a sum equal to the

fair market value of the aircraft at the time

of such loss or damage, which value may be

specifically agreed to in clause 1252.228–71,

‘‘Fair Market Value of Aircraft,’’ less the

salvage value of the aircraft. However, the

Government may retain the damaged aircraft

or dispose of it as it wishes. In that event, the

Contractor will be paid the fair market value

of the aircraft as stated in the clause.

(d) The Contractor agrees that the contract

price does not include any cost attributable

to hull insurance or to any reserve fund it has

established to protect its interest in the

aircraft. If, in the event of loss or damage to

the leased aircraft, the Contractor receives

compensation for such loss or damage in any

form from any source, the amount of such

compensation shall be:

(1) Credited to the Government in

determining the amount of the Government’s

liability; or

(2) For an increment of value of the aircraft

beyond the value for which the Government

is responsible.

(e) In the event of loss of or damage to the

aircraft, the Government shall be subrogated

to all rights of recovery by the Contractor

against third parties for such loss or damage

and the Contractor shall promptly assign

such rights in writing to the Government.

(End of clause)

§ 1252.228–72 Risk and indemnities.

As prescribed in (TAR) 48 CFR

1228.306–70(a) and (d), insert the

following clause:

Risk and Indemnities (Dec. 1997)

The Contractor hereby agrees to indemnify

and hold harmless the Government, its

officers and employees from and against all

claims, demands, damages, liabilities, losses,

suits and judgments (including all costs and

expenses incident thereto) which may be

suffered by, accrue against, be charged to or

recoverable from the Government, its officers

and employees by reason of injury to or death

of any person other than officers, agents, or

employees of the Government or by reason of

damage to property of others of whatsoever

kind (other than the property of the

Government, its officers, agents or

employees) arising out of the operation of the

aircraft. In the event the Contractor holds or

obtains insurance in support of this

covenant, evidence of insurance shall be

delivered to the Contracting Officer.

(End of clause)

TAR MATRIX

18. In Part 1253, subpart 1253.3, is

amended by removing the entries for

‘‘FAA 1252.225–90’’ and ‘‘FAA

1252.225–91’’ from the TAR matrix.

[FR Doc. 97–33688 Filed 12–29–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 595

[Docket No. NHTSA–97–3111]

RIN 2127–AG61

Air Bag On-Off Switches

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule, correcting

amendment.

SUMMARY: This document amends a final

rule which allows motor vehicle dealers

and repair businesses to install retrofit

manual on-off switches for air bags in

motor vehicles. The rule requires the

on-off switch to be key operated and

requires a telltale that indicates the

operating status of the air bag. NHTSA

has determined that the language of the

regulatory text could be mistakenly

interpreted to require a key specifically

matched to the on-off switch and that

the rule was ambiguous as to how the

readiness indicator should function

when one or both air bags have been

deactivated by means of the on-off