Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations 6551

to receive correctly by ear texts in the

international Morse code at not less

than the prescribed speed, using all the

letters of the alphabet, numerals 0–9,

period, comma, question mark, slant

mark, and prosigns AR, BT, and SK.

Element 1: 5 words per minute

(b) A written examination must be

such as to prove that the examinee

possesses the operational and technical

qualifications required to perform

properly the duties of an amateur

service licensee. Each written

examination must be comprised of a

question set as follows:

(1) Element 2: 35 questions

concerning the privileges of a

Technician Class operator license. The

minimum passing score is 26 questions

answered correctly.

(2) Element 3: 35 questions

concerning the privileges of a General

Class operator license. The minimum

passing score is 26 questions answered

correctly.

(3) Element 4: 50 questions

concerning the privileges of an Amateur

Extra Class operator license. The

minimum passing score is 37 questions

answered correctly.

12. Section 97.505 is amended by

revising paragraph (a) to read as follows:

§ 97.505 Element credit.

(a) The administering VEs must give

credit as specified below to an examinee

holding any of the following license

grants or license documents:

(1) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Advanced Class operator

license grant: Elements 1, 2, and 3.

(2) An unexpired (or expired but

within the grace period for renewal)

FCC-granted General Class operator

license grant: Elements 1, 2, and 3.

(3) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Technician Plus Class

operator (including a Technician Class

operator license granted before February

14, 1991) license grant: Elements 1 and

2.

(4) An unexpired (or expired but

within the grace period for renewal)

FCC-granted Technician Class operator

license grant: Element 2.

(5) An expired or unexpired FCCgranted Novice Class operator license

grant: Element 1.

(6) A CSCE: Each element the CSCE

indicates the examinee passed within

the previous 365 days.

(7) An unexpired (or expired less than

5 years) FCC-issued commercial

radiotelegraph operator license or

permit: Element 1.

(8) An expired FCC-issued Technician

Class operator license document granted

before March 21, 1987: Element 3.

(9) An expired or unexpired FCCissued Technician Class operator license

document granted before February 14,

1991: Element 1.

* * * * *

13. Section 97.507 is amended by

revising paragraph (a) to read as follows:

§ 97.507 Preparing an examination.

(a) Each telegraphy message and each

written question set administered to an

examinee must be prepared by a VE

holding an Amateur Extra Class operator

license. A telegraphy message or written

question set may also be prepared for

the following elements by a VE holding

an operator license of the class

indicated:

(1) Element 3: Advanced Class

operator.

(2) Elements 1 and 2: Advanced,

General, or Technician (including

Technician Plus) Class operators.

* * * * *

14. Section 97.509 amended by

revising paragraphs (a) and (b)(3) to read

as follows:

§ 97.509 Administering VE requirements.

(a) Each examination for an amateur

operator license must be administered

by a team of at least 3 VEs at an

examination session coordinated by a

VEC. Before the session, the

administering VEs or the VE session

manager must ensure that a public

announcement is made giving the

location and time of the session. The

number of examinees at the session may

be limited.

(b) * * *

(3) Be a person who holds an amateur

operator license of the class specified

below:

(i) Amateur Extra, Advanced or

General Class in order to administer a

Technician Class operator license

examination;

(ii) Amateur Extra or Advanced Class

in order to administer a General Class

operator license examination;

(iii) Amateur Extra Class in order to

administer an Amateur Extra Class

operator license examination.

* * * * *

[FR Doc. 00–2983 Filed 2–9–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 225

[DFARS Case 99–D027]

Defense Federal Acquisition

Regulation Supplement; Delegation of

Class Deviation Authority

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

SUMMARY: The Acting Director of

Defense Procurement has issued a final

rule amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to authorize the senior

procurement executives for the Army,

Navy, and Air Force, and the Directors

of the Defense Commissary Agency and

the Defense Logistics Agency, to

approve certain class deviations from

the Federal Acquisition Regulation

(FAR) and the DFARS.

EFFECTIVE DATE: February 10, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Kathleen Fenk, Defense Acquisition

Regulations Council,

PDUSD(AT&L)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telephone (703) 602–0296;

telefax (703) 602–0350. Please cite

DFARS Case 99–D027.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS Parts

201 and 225 to authorize the senior

procurement executives for the Army,

Navy, and Air Force, and the Directors

of the Defense Commissary Agency and

the Defense Logistics Agency, to

approve certain class deviations from

the FAR and the DFARS. The rule also

contains amendments to reflect the title

change of the ‘‘Under Secretary of

Defense for Acquisition and

Technology’’ to the ‘‘Under Secretary of

Defense for Acquisition, Technology,

and Logistics.’’

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

B. Regulatory Flexibility Act

This final rule does not constitute a

significant revision within the meaning

of FAR 1.501 and Public Law 98–577

and publication for public comment is

not required. However, DoD will

consider comments from small entities

concerning the affected DFARS subparts

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

comment should cite DFARS Case 99–

D027.

6552 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements that require the approval

of the Office of Management and Budget

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

List of Subjects in 48 CFR Parts 201 and

225

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR parts 201 and 225

are amended as follows:

1. The authority citation for 48 CFR

Parts 201 and 225 continues to read as

follows:

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

Chapter 1.

PART 201—FEDERAL ACQUISITION

REGULATIONS SYSTEM

2. Section 201.201–1 is amended in

paragraph (d)(i) introductory text by

removing the parenthetical ‘‘(A&T)’’ and

adding in its place ‘‘(AT&L)’’, and by

revising paragraph (d)(i)V. to read as

follows:

201.201–1 The two councils.

* * * * *

(d)(i) * * *

V. Deviations: If a recommended

revision of DFARS is a FAR deviation,

identify the deviation and include

under separate TAB a justification for

the deviation that addresses the

requirements of 201.402(2). The

justification should be in the form of a

memorandum for the Director of

Defense Procurement, Office of the

Under Secretary of Defense

(Acquisition, Technology, and

Logistics).

* * * * *

201.301 [Amended]

3. Section 201.301 is amended in

paragraph (b) by removing ‘‘USD (A&T)’’

and adding in its place ‘‘Under

Secretary of Defense (Acquisition,

Technology, and Logistics) (USD

(AT&L))’’.

4. Section 201.304 is amended as

follows:

a. In paragraph (1)(i) introductory text

by removing ‘‘Under Secretary of

Defense (Acquisition and Technology)

(USD (A&T))’’; and adding in its place

‘‘USD (AT&L)’’;

b. In paragraph (1)(ii) by removing the

parenthetical ‘‘(A&T)’’ both places it

appears and adding in its place

‘‘(AT&L)’’;

c. In paragraph (2)(ii) by removing the

parenthetical ‘‘(A&T)’’ and adding in its

place ‘‘(AT&L)’’; and

d. By revising paragraphs (3) through

(5) to read as follows:

201.304 Agency control and compliance

procedures.

* * * * *

(3) Contracting activities must obtain

the appropriate approval (see 201.404)

for any class deviation (as defined in

FAR subpart 1.4) from the FAR or

DFARS, before its inclusion in a

department/agency or component

supplement or any other contracting

regulation document such as a policy

letter or clause book.

(4) Each department and agency must

develop and, upon approval by

USD(AT&L)DP, implement, maintain,

and comply with a plan for controlling

the use of clauses other than those

prescribed by FAR or DFARS.

(5) Departments and agencies must

submit requests for the Secretary of

Defense, USD(AT&L), and

USD(AT&L)DP approvals required by

this section through the Director of the

DAR Council.

* * * * *

5. Section 201.402 is amended by

revising paragraph (1); removing

paragraph (2); redesignating paragraph

(3) as paragraph (2); and revising newly

designated paragraph (2) introductory

text to read as follows:

201.402 Policy.

(1) The Director of Defense

Procurement, Office of the Under

Secretary of Defense (Acquisition,

Technology, and Logistics)

(USD(AT&L)DP), is the approval

authority within DoD for any individual

or class deviation from—

(i) FAR 3.104, Procurement Integrity,

or DFARS 203.104, Procurement

Integrity;

(ii) FAR Subpart 27.4, Rights in Data

and Copyrights, or DFARS Subpart

227.4, Rights in Data and Copyrights;

(iii) FAR part 30, Cost Accounting

Standards Administration, or DFARS

part 230, Cost Accounting Standards

Administration;

(iv) FAR subpart 31.1, Applicability,

or DFARS subpart 231.1, Applicability

(contract cost principles);

(v) FAR subpart 31.2, Contracts with

Commercial Organizations, or DFARS

subpart 231.2, Contracts with

Commercial Organizations; or

(vi) FAR part 32, Contract Financing

(except subparts 32.7 and 32.8 and the

payment clauses prescribed by subpart

32.1), or DFARS part 232, Contract

Financing (except subparts 232.7 and

232.8).

(2) Submit requests for deviation

approval through department/agency

channels to the approval authority in

paragraph (1) of this section, 201.403, or

201.404, as appropriate. Submit

deviations that require USD(AT&L)DP

approval through the Director of the

DAR Council. At a minimum, each

request must—

* * * * *

6. Sections 201.403 and 201.404 are

revised to read as follows:

201.403 Individual deviations.

(1) Individual deviations, except those

described in 201.402(1) and paragraph

(2) of this section, must be approved in

accordance with the department/agency

plan prescribed by 201.304(4).

(2) Contracting officers outside the

United States may deviate from

prescribed nonstatutory FAR and

DFARS clauses when—

(i) Contracting for support services,

supplies, or construction, with the

governments of North Atlantic Treaty

Organization (NATO) countries or other

allies (as described in 10 U.S.C.

2341(2)), or with United Nations or

NATO organizations; and

(ii) Such governments or

organizations will not agree to the

standard clauses.

201.404 Class deviations.

(b)(i) Except as provided in paragraph

(b)(ii) of this section, USD(AT&L)DP is

the approval authority within DoD for

any class deviation.

(ii) The senior procurement

executives for the Army, Navy, and Air

Force, and the Directors of the Defense

Commissary Agency and the Defense

Logistics Agency, may approve any

class deviation, other than those

described in 201.402(1), that does not—

(A) Have a significant effect beyond

the internal operating procedures of the

department or agency;

(B) Have a significant cost or

administrative impact on contractors or

offerors;

(C) Diminish any preference given

small business concerns by the FAR or

DFARS; or

(D) Extend to requirements imposed

by statute or by regulations of other

agencies such as the Small Business

Administration and the Department of

Labor.

PART 225—FOREIGN ACQUISITION

225.970 [Amended]

7. Section 225.970 is amended by

removing ‘‘201.402(2)’’ and adding in its

place ‘‘201.403(2)’’.

[FR Doc. 00–2945 Filed 2–9–00; 8:45 am]

BILLING CODE 5000–04–M