Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6915

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 51 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 51—INTERCONNECTION

1. The authority for part 51 continues

to read as follows:

Authority: Sections 1–5, 7, 201–05, 207–

09, 218, 225–27, 251–54, 271, 332, 48 Stat.

1070, as amended, 1077; 47 U.S.C. 151–55,

157, 201–05, 207–09, 218, 225–27, 251–54,

271, 332, unless otherwise noted.

2. Section 51.605 is amended by

revising paragraph (b), and adding

paragraphs (c), (d) and (e) to read as

follows:

§ 51.605 Additional obligations of

incumbent local exchange carriers.

* * * * *

(b) For purposes of this subpart,

exchange access services, as defined in

section 3 of the Act, shall not be

considered to be telecommunications

services that incumbent LECs must

make available for resale at wholesale

rates to requesting telecommunications

carriers.

(c) For purposes of this subpart,

advanced telecommunications services

sold to Internet Service Providers as an

input component to the Internet Service

Providers’ retail Internet service offering

shall not be considered to be

telecommunications services offered on

a retail basis that incumbent LECs must

make available for resale at wholesale

rates to requesting telecommunications

carriers.

(d) Notwithstanding paragraph (b) of

this section, advanced

telecommunications services that are

classified as exchange access services

are subject to the obligations of

paragraph (a) of this section if such

services are sold on a retail basis to

residential and business end-users that

are not telecommunications carriers.

(e) Except as provided in § 51.613, an

incumbent LEC shall not impose

restrictions on the resale by a requesting

carrier of telecommunications services

offered by the incumbent LEC.

2. Section 51.607 is revised to read as

follows:

§ 51.607 Wholesale pricing standard.

The wholesale rate that an incumbent

LEC may charge for a

telecommunications service provided

for resale to other telecommunications

carriers shall equal the rate for the

telecommunications service, less

avoided retail costs, as described in

section 51.609. For purposes of this

subpart, exchange access services, as

defined in section 3 of the Act, shall not

be considered to be telecommunications

services that incumbent LECs must

make available for resale at wholesale

rates to requesting telecommunications

carriers.

[FR Doc. 00–3196 Filed 2–10–00; 8:45 am]

BILLING CODE 6712–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

CFR 48 Parts 1825 and 1852

Standard Clause for Export Controlled

Technology

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA FAR Supplement (NFS) to

add a contract clause the purpose of

which is to assure contractors (and

offerors) understand that they are

responsible for export compliance in

accordance with law and regulation,

and that they should not rely on NASA

to obtain necessary licenses in

execution of the contracted work. This

clause complies with performance based

contacting principles. It notifies the

contractor of its responsibilities under

the International Traffic in Arms

Regulations (ITAR) and the Export

Administration Regulations (EAR)

during contract performance.

Additional, tailored clauses may be

required when specific exemptions or

licenses are applicable, as, for example,

with the International Space Station.

These clauses would be developed on a

case-by-case basis.

EFFECTIVE DATE: February 11, 2000.

FOR FURTHER INFORMATION CONTACT:

Patrick Flynn, NASA, Office of

Procurement, Contract Management

Division (Code HK), (202) 358–0460.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on October 28, 1999

(64 FR 58031–58032). No comments

were received. This final rule adopts the

proposed rule without change.

B. Regulatory Flexibility Act

NASA certifies that this regulation

will not have significant economic

impact on a substantial number of small

business entities under the Regulatory

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

because it does not impose any new

requirements.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

NFS do not impose any recordkeeping

or information collection requirements,

or collections of information from

offerors, contractors, or members of the

public 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 1825

and 1852

Government procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1825 and

1852 are amended as follows:

1. The authority citation for 48 CFR

Parts 1825 and 1852 continues to read

as follows:

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

PART 1825—FOREIGN ACQUISITION

2. Sections 1825.970, 1825.970–1, and

1825.970–2 are added to read as follows:

1825.970 Export control.

1825.970–1 Background.

(a) NASA contractors and

subcontractors are subject to U.S. export

control laws and regulations, including

the International Traffic in Arms

Regulations (ITAR), 22 CFR Parts 120

through 130, and the Export

Administration Regulations (EAR), 15

CFR Parts 730 through 799. The

contractor is responsible for obtaining

the appropriate licenses or other

approvals from the Department of State

or the Department of Commerce when it

exports hardware, technical data, or

software, or provides technical

assistance to a foreign destination or

‘‘foreign person’’, as defined in 22 CFR

120.16, and there are no applicable or

available exemptions/exceptions to the

ITAR/EAR, respectively. A person who

is lawfully admitted for permanent

residence in the United States is not a

‘‘foreign person’’. (See 22 CFR 120.16

and 15 CFR 734.2(b)(2)(ii).)

(b) The exemption at 22 CFR

125.4(b)(3) of the ITAR provides that a

contractor may export technical data

without a license if the contract between

the agency and the exporter provides for

the export of the data. The clause at

1852.225–70, Alternate I, provides

contractual authority for the exemption,

but the exemption is available only after

the contracting officer, or designated

representative, provides written

authorization or direction enabling its

6916 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations

use. It is NASA policy that the

exemption at 22 CFR 125.4(b)(3) may

only be used when technical data

(including software) is exchanged with

a NASA foreign partner pursuant to the

terms of an international agreement in

furtherance of an international

collaborative effort. The contracting

officer must obtain the approval of the

Center Export Administrator before

granting the contractor the authority to

use this exemption.

1825.970–2 Contract clause.

Insert the clause at 1852.225–70,

Export Licenses, in all solicitations and

contracts, except in contracts with

foreign entities. Insert the clause with

its Alternate I when the NASA project

office indicates that technical data

(including software) is to be exchanged

by the contractor with a NASA foreign

partner pursuant to an international

agreement.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 1852.225–70 is added to

read as follows:

1852.225–70 Export Licenses.

As prescribed in 1825.970–2, insert

the following clause:

EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all

U.S. export control laws and regulations,

including the International Traffic in Arms

Regulations (ITAR), 22 CFR Parts 120–130,

and the Export Administration Regulations

(EAR), 15 CFR Parts 730–799, in the

performance of this contract. In the absence

of available license exemptions/exceptions,

the Contractor shall be responsible for

obtaining the appropriate licenses or other

approvals, if required, for exports of

hardware, technical data, and software, or for

the provision of technical assistance.

(b) The Contractor shall be responsible for

obtaining export licenses, if required, before

utilizing foreign persons in the performance

of this contract, including instances where

the work is to be performed on-site at [insert

name of NASA installation], where the

foreign person will have access to exportcontrolled technical data or software.

(c) The Contractor shall be responsible for

all regulatory record keeping requirements

associated with the use of licenses and

license exemptions/exceptions.

(d) The Contractor shall be responsible for

ensuring that the provisions of this clause

apply to its subcontractors.

(End of clause)

ALTERNATE 1 (FEB 2000)

As prescribed in 1825.970–2, add the

following paragraph (e) as Alternate I to the

clause:

(e) The Contractor may request, in writing,

that the Contracting Officer authorizes it to

export ITAR-controlled technical data

(including software) pursuant to the

exemption at 22 CFR 125.4(b)(3). The

Contracting Officer or designated

representative may authorize or direct the

use of the exemption where the data does not

disclose details of the design, development,

production, or manufacture of any defense

article.

[FR Doc. 00–3009 Filed 2–10–00; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13 and 17

RIN 1018–AD95

Additional Comments Sought on

Permit Regulations Relating to Habitat

Conservation Plans, Safe Harbor

Agreements, and Candidate

Conservation Agreements With

Assurances

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of request for additional

comment on final rule amending general

permitting regulations.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service) published a

final rule on June 17, 1999, amending

parts 13 and 17 of title 50 of the Code

of Federal Regulations (CFR). The final

rule, among other things, contained a

number of changes to existing Service

regulations that apply to permits issued

under the authority of the Endangered

Species Act of 1973, as amended (Act).

The changes were designed to alter the

applicability of the Service’s general

permitting regulations in 50 CFR part 13

to permits issued under section 10 of

the Act for Habitat Conservation Plans,

Safe Harbor Agreements, and Candidate

Conservation Agreements with

Assurances. We are seeking additional

public comment on a number of the

regulatory changes finalized in the June

17, 1999, rule. During the period in

which additional public comments are

solicited, the regulations published in

the final rule of June 17, 1999, will

remain in full force and effect. Based on

public comments received, we will

decide whether portions of the June 17,

1999 final rule should be reproposed.

Aspects of the June 17, 1999 final rule

that are not included in this document

are unaffected.

DATES: Comments must be received by

March 13, 2000.

ADDRESSES: Send any comments or

materials concerning this document to

the Chief, Division of Endangered

Species, U.S. Fish and Wildlife Service,

452 ARLSQ, Washington, D.C., 20240

(Telephone 703/358–2171, Facsimile

703/358–1735). You may examine

comments and materials received

during normal business hours in room

420, Arlington Square Building, 4401

North Fairfax Drive, Arlington, Virginia.

You must make an appointment to

examine these materials.

FOR FURTHER INFORMATION CONTACT:

Nancy Gloman, Chief, Division of

Endangered Species (Telephone 703/

358–2171, Facsimile 703/358–1735).

SUPPLEMENTARY INFORMATION: This

notice of request for additional

comment on the final rule, including the

background information for the rule,

that amended the general permitting

regulations applies to the U.S. Fish and

Wildlife Service only. Therefore, the use

of the terms Service and ‘‘we’’ in this

notice refers exclusively to the U.S. Fish

and Wildlife Service. The final rule was

published on June 17, 1999, at 64 FR

32706. We published a correction

document September 30, 1999, at 64 FR

52676 to correct certain errors that

appeared in the final regulations.

Background

The Service administers a variety of

conservation laws that authorize the

issuance of certain permits for otherwise

prohibited activities. In 1974, we

published 50 CFR part 13 to consolidate

the administration of various permitting

programs. Part 13 established a uniform

framework of general administrative

conditions and procedures that would

govern the application, processing, and

issuance of all Service permits. We

intended the general part 13 permitting

provisions to be in addition to, and not

in lieu of, other more specific permitting

requirements of Federal wildlife laws.

Subsequent to the 1974 publication of

part 13, we added many wildlife

regulatory programs to title 50 of the

CFR. For example, we added part 18 in

1974 to implement the Marine Mammal

Protection Act, modified and expanded

part 17 in 1975 to implement the

Endangered Species Act, and added part

23 in 1977 to implement the Convention

on International Trade in Endangered

Species of Wild Fauna and Flora

(CITES). These parts contained their

own specific permitting requirements in

addition to the general permitting

provisions of part 13.

In most instances, the combination of

part 13’s general permitting provisions

and part 17’s specific permitting

provisions have worked well since

1975. However, in three areas of

emerging permitting policy under the

Act, the ‘‘one size fits all’’ approach of

part 13 has been inappropriately