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
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations 67753

switch. This rule revises the language of

the regulatory text to clarify these

issues. It also corrects a clerical error

found in the original regulatory text.

DATES: Effective Date: The amendments

made to this final rule are effective

December 18, 1997. Petitions: Petitions

for reconsideration must be received by

February 13, 1998.

ADDRESSES: Petitions for reconsideration

should refer to the docket number of

this rule and be submitted to:

Administrator, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590.

FOR FURTHER INFORMATION CONTACT:

For information about air bags and

related rulemaking: Visit the NHTSA

web site at http://www.nhtsa.dot.gov

and click on the icon ‘‘Air Bag Page’’.

For legal issues: Ms. Rebecca

MacPherson, Office of Chief Counsel,

NCC–20, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, Washington, DC 20590.

Telephone (202) 366–2992. Fax: (202)

366–3820.

SUPPLEMENTARY INFORMATION: On

November 21, 1997, NHTSA published

in the Federal Register (62 FR 62406) a

final rule which allows motor vehicle

dealers and repair businesses to install

retrofit manual on-off switches for air

bags in vehicles owned by or used by

persons whose requests for switches

have been approved by the agency.

Among the provisions of the final rule

was a requirement that the on-off switch

be operable solely by means of a key.

Shortly after publication, the Ford

Motor Company contacted NHTSA and

stated that its existing on-off switch

could be operated by means other than

a key specifically designed for the

switch. Ford requested clarification that

its design would conform with the

criteria set forth in the final rule.

NHTSA’s purpose in requiring

operation by a key was to ensure that

the on-off switch could not be

inadvertently triggered, thereby turning

an air bag on or off without the

conscious intent to do so. The concept

of using of a key designed specifically

to work with a particular on-off switch,

was considered and rejected when the

agency drafted the final rule. What the

Agency intended was an instrument that

must be inserted into the on-off switch

mechanism and turned to change the

status of an air bag, as opposed, for

example, to a knob that could be turned

by an occupant. Such an instrument

need not be a ‘‘key’’ as that term is used

in everyday speech, even though it falls

within the dictionary definition (cf,

Webster’s Third New International

Dictionary, etc.) Accordingly, the rule is

being amended to require the use of a

‘‘key or a key-like object’’ to operate.

A sentence has been added to the end

of section 595.5(b)(3)(i) to parallel the

language concerning the air bag

readiness indicator found in S4.5.2 of

FMVSS 208. The addition of this

sentence does not change the

substantive requirements of the final

rule.

This rule also corrects a clerical error

found within section 595.5(b)(3) of the

regulatory text. NHTSA notes that these

changes to the final rule are minor

changes which do not substantively

impact the final rule as issued on

November 18, 1997. Accordingly,

NHTSA finds that the issuance of this

rule does not require a prior period of

notice and comment. NHTSA also finds

for good cause that this final rule can be

made effective in less than thirty days.

An immediate effective date will allow

switch manufacturers to design on-off

switches in a manner which they find

to be the most effective without fear of

inconsistency with the regulatory

requirements.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

NHTSA has considered the impact of

this rulemaking action under Executive

Order 12866 and the Department of

Transportation’s regulatory policies and

procedures. This rulemaking document

was not reviewed by the Office of

Management and Budget (OMB) under

E.O. 12866, ‘‘Regulatory Planning and

Review.’’ This document amends an

action that was determined to be

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures because of the degree of

public interest in this subject. However,

this rule does not impose any new

requirements on manufacturers. It

simply clarifies the existing

requirements.

Regulatory Flexibility Act

NHTSA has considered the effects of

this rulemaking action under the

Regulatory Flexibility Act. I hereby

certify that this rule will not have a

significant economic impact on a

substantial number of small entities. As

explained above, this rule will not have

an economic impact on any

manufacturer or other entity.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (Pub. L. 96–511),

there are no requirements for

information collection associated with

this final rule.

National Environmental Policy Act

NHTSA has also analyzed this final

rule under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this rule in

accordance with the principles and

criteria contained in E.O. 12612, and

has determined that this rule will not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

The Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) requires

agencies to prepare a written assessment

of the costs, benefits and other effects of

proposed or final rules that include a

Federal mandate likely to result in the

expenditure by State, local or tribal

governments, in the aggregate, or by the

private sector, of more than $100

million annually. This rule does not

meet the definition of a Federal

mandate, because it adds no additional

cost to the completely permissive final

rule which it is clarifying.

Civil Justice Reform

This final rule has no retroactive

effect. Under 49 U.S.C. 30103, whenever

a Federal motor vehicle safety standard

is in effect, a State may not adopt or

maintain a safety standard applicable to

the same aspect of performance which

is not identical to the Federal standard,

except to the extent that the State

requirement imposes a higher level of

performance and applies only to

vehicles procured for the State’s use. 49

U.S.C. 30161 sets forth a procedure for

judicial review of final rules

establishing, amending or revoking

Federal motor vehicle safety standards.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 595

Imports, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing,

NHTSA amends 49 CFR part 595, which

becomes effective on December 18,

1997, as follows:

1. The authority citation for part 595

will continue to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, 30122 and 30166; delegation of

authority at 49 CFR 1.50.

2. Section 595.5 is amended by

revising paragraph (b)(3) introductory
67754 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

text and paragraph (b)(3)(i) to read as

follows:

PART 595—RETROFIT ON-OFF

SWITCHES FOR AIR BAGS

* * * * *

§ 595.5 Requirements.

* * * * *

(b) * * *

(3) The on-off switch meets all of the

conditions specified in paragraphs

(b)(3)(i) and (ii) of this section.

(i) The on-off switch is operable solely

by a key or a key-like object. The on-off

switch shall be separate from the

ignition switch for the vehicle, so that

the driver must take some action other

than inserting the ignition key or

turning the ignition key in the ignition

switch to turn off the air bag. Once

turned off, the air bag shall remain off

until it is turned back on by means of

the device. If a single on-off switch is

installed for both air bags, the on-off

switch shall allow each air bag to be

turned off without turning off the other

air bag. The readiness indicator required

by S4.5.2 of § 571.208 of this chapter

shall continue to monitor the readiness

of the air bags even when one or both

air bags has been turned off. The

readiness indicator light shall not be

illuminated solely because an air bag

has been deactivated by means of an onoff switch.

* * * * *

Issued on: December 18, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97–33956 Filed 12–29–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

122297F]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for

Virginia

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the Commonwealth of

Virginia has been harvested. Vessels

issued a commercial Federal fisheries

permit for the summer flounder fishery

may not land summer flounder in

Virginia for the remainder of calendar

year 1997, unless additional quota

becomes available through a transfer.

Regulations governing the summer

flounder fishery require publication of

this notice to advise the Commonwealth

of Virginia that the quota has been

harvested and to advise vessel and

dealer permit holders that no

commercial quota is available for

landing summer flounder in Virginia.

DATES: Effective December 23, 1997,

through December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Regina Spallone, Fishery Policy

Analyst, 978–281–9221.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned among the states from

North Carolina through Maine. The

process to set the annual commercial

quota and the percent allocated to each

state are described in § 648.100.

The initial total commercial quota for

summer flounder for the 1997 calendar

year was set equal to 11,111,298 lb

(5,040,000 kg) (March 7, 1997, 62 FR

10473). The percent allocated to vessels

landing summer flounder in Virginia is

21.31676 percent, or 2,368,569 lb

(1,074,365 kg).

Section 648.100(d)(2) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1996, a total of 2,274,457 lb (1,031,676

kg) were landed in Virginia. The amount

allocated for Virginia landings in 1996

was 2,200,681 lb (998,212 kg), creating

a 73,776 lb (33,464 kg) overage that was

deducted from the amount allocated for

landings in the Commonwealth during

1997 (July 15, 1997, 62 FR 37742). The

resulting quota for Virginia is 2,294,793

lb (1,040,901 kg).

Section 648.101(b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor

state commercial quotas and to

determine when a state’s commercial

quota is harvested. The Regional

Administrator is further required to

publish a notice in the Federal Register

advising a state and notifying Federal

vessel and dealer permit holders that,

effective upon a specific date, the state’s

commercial quota has been harvested

and no commercial quota is available for

landing summer flounder in that state.

Because the available information

indicates that the Commonwealth of

Virginia has attained its quota for 1997,

the Regional Administrator has

determined based on dealer reports and

other available information, that the

Commonwealth of Virginia’s

commercial quota has been harvested.

The regulations at § 648.4(b) provide

that Federal permit holders agree as a

condition of the permit not to land

summer flounder in any state that the

Regional Administrator has determined

no longer has commercial quota

available. Therefore, effective 0001

hours December 23, 1997, further

landings of summer flounder in Virginia

by vessels holding commercial Federal

fisheries permits are prohibited for the

remainder of the 1997 calendar year,

unless additional quota becomes

available through a transfer and is

announced in the Federal Register.

Effective the date above, federally

permitted dealers are also advised that

they may not purchase summer flounder

from federally permitted vessels that

land in Virginia for the remainder of the

calendar year, or until additional quota

becomes available through a transfer.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

E.O. 12886.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 22, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33889 Filed 12–23–97; 3:51 pm]

BILLING CODE 3210–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208296–7296–01; I.D.

121997A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Closures of Specified

Groundfish Fisheries in the Bering Sea

and Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing specified

groundfish fisheries in the Bering Sea

and Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the prohibited

species bycatch allowances and directed

fishing allowances specified for the