71292 Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Proposed Rules

ADDRESSES: Federal Communications

Commission, 445 12th Street, S.W.,

Room TW–A325, Washington, DC

20554. In addition to filing comments

with the FCC, interested parties should

serve the petitioner, or its counsel or

consultant, as follows: Richard J.

Bodorff, E. Joseph Knoll III, Wiley, Rein

& Fielding, 1776 K Street, NW,

Washington, DC 20006 ( Counsel for

Central Virginia Educational

Telecommunications Corporation).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–240, adopted November 27, 2000,

and released November 28, 2000. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center 445 12th Street,

S.W., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., (202) 857–3800, 1231

20th Street, NW, Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—TELEVISION BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and

336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Virginia is amended by removing DTV

Channel *14 and adding DTV Channel

*46 at Charlottesville.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–30501 Filed 11–29–00; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2608, MM Docket No. 00–238, RM–

10008]

Radio Broadcasting Services;

Ephraim, WI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Carrie

L. Riordan proposing the allotment of

Channel 295A at Ephraim, Wisconsin,

as the community’s first local

transmission service. The coordinates

for Channel 295A at Ephraim are 45–

10–12 and 87–07–46. There is a site

restriction 3.4 kilometers (2.1 miles)

northeast of the community. Canadian

concurrence will be requested for the

allotment of Channel 295A at Ephraim.

DATES: Comments must be filed on or

before January 8, 2001, and reply

comments on or before January 23,

2001.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with

the FCC, interested parties should serve

the petitioner, as follows: Carrie L.

riordan, 213 13th Avenue, Sault Ste.

Marie, Michigan 49783.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–238, adopted November 8, 2000, and

released November 17, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wisconsin, is

amended by adding Ephraim, Channel

295A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–30503 Filed 11–29–00; 8:45 am]

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DEPARTMENT OF ENERGY

48 CFR Parts 923, 936 and 970

RIN 1991–AB47

Acquisition Regulations: Acquisition

of Products Containing Recovered

Materials

AGENCY: Department of Energy.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Department of Energy

(DOE) is proposing to amend its

acquisition regulations to implement

Executive Order 13101, dated

September 14, 1998, entitled Greening

the Government Through Waste

Prevention, Recycling, and Federal

Acquisition.

DATES: Written comments on the

proposed rulemaking must be received

on or before close of business January 2,

2001.

ADDRESSES: Comments should be

addressed to: Richard Langston, MA–51,

U.S. Department of Energy, Office of

Procurement and Assistance

Management 1000 Independence

Avenue, SW., Washington, D.C. 20585

Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Proposed Rules 71293

FOR FURTHER INFORMATION CONTACT:

Richard Langston at (202) 586–8247 or

richard.langston@pr.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background.

II. Section by Section Analysis.

III. Procedural Requirements.

A. Review Under Executive Order 12866.

B. Review Under Executive Order 12988.

C. Review Under the Regulatory Flexibility

Act.

D. Review Under the Paperwork Reduction

Act.

E. Review Under the National

Environmental Policy Act.

F. Review Under Executive Order 13132.

G. Review Under the Unfunded Mandates

Reform Act of 1995.

H. Review Under the Treasury and General

Government Appropriations Act, 1999.

I. Background

The purpose of this proposed

rulemaking is to provide additional

guidance regarding Executive Order

13101, dated September 14, 1998 (63 FR

49641), entitled Greening the

Government Through Waste Prevention,

Recycling, and Federal Acquisition

which superceded Executive Order

12873, dated October 20, 1993, Federal

Acquisition, Recycling, and Waste

Prevention.

A rule has been proposed to amend

the Department of Energy Acquisition

Regulation to streamline policies,

procedures, provisions, and clauses

contained in Part 970 relative to the

Department’s management and

operating contracts (65 FR 13418, March

13, 2000). It may be necessary to revise

certain of the citations in this proposed

rule if the other action is finalized prior

to this action being finalized.

II. Section-by-Section Analysis

The Department of Energy proposes to

amend the regulation as follows:

1. The authority citation is revised.

2. A new section 923.405, Procedures,

is being added to note that the

percentage of recycled content included

in the EPA Recovered Materials

Advisory Notice (RMAN) is to be

specified in the solicitation as the

minimum recycled content.

3. Section 923.471, Policy, is being

deleted as unnecessarily duplicative of

FAR coverage at 23.403.

4. A new section 923.705, Contract

clause, will be added to supplement the

FAR instruction concerning the clause

at 52.223–10. It specifies that the clause

is to be used in prime contracts for

support services performed at

Government-owned or Governmentleased facilities and in contracts for

operation of a Government-owned or

Government-leased facility.

5. A new 936.601–3 is added to

supplement FAR coverage regarding

Architect-Engineer (A–E) work

statement preparation.

6. Section 936.602–70 is modified by

the addition of a new paragraph (a)(8)

regarding consideration of energy

efficiency, pollution prevention, waste

reduction, and the use of recovered

materials when performing A–E

evaluations.

7. Section 970.2304 is being updated

to include reference to 48 CFR (FAR)

23.4 and 23.7 and revised to provide

guidance concerning circumstances

under which the clause at 970.5204–39

should be included in subcontracts.

8. The clause at 970.5204–39 is being

updated and revised to include

guidance concerning circumstances

under which the clause should be

included in subcontracts.

III. Procedural Requirements

A. Review Under Executive Order 12866

Today’s regulatory action has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ (58 FR 51735, October 4,

1993). Accordingly, this proposed rule

is not subject to review under that

Executive Order by the Office of

Information and Regulatory Affairs of

the Office of Management and Budget

(OMB).

B. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7, 1996),

imposes on Executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by section 3(a),

section 3(b) of Executive Order 12988

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) Clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing Federal law or regulation; (3)

provides a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3(c) of Executive Order 12988 requires

Executive agencies to review regulations

in light of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met or it is

unreasonable to meet one or more of

them. DOE has completed the required

review and determined that, to the

extent permitted by law, these proposed

regulations meet the relevant standards

of Executive Order 12988.

C. Review Under the Regulatory

Flexibility Act

This proposed rule has been reviewed

under the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., which requires

preparation of an initial regulatory

flexibility analysis for any rule that

must be proposed for public comment

and that is likely to have significant

economic impact on a substantial

number of small entities. The proposed

rule, which would implement

provisions of Executive Order 13101

concerning use of recycled materials,

would not have a significant economic

impact on small entities. While rule

requirements may flow down to

subcontractors in certain circumstances,

the costs of compliance are not

estimated to be large and, in any event,

would be reimbursable expenses under

the contract or subcontract.

Accordingly, DOE certifies that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities,

and, therefore, no regulatory flexibility

analysis has been prepared.

D. Review Under the Paperwork

Reduction Act

Information collection or record

keeping requirements contained in this

rulemaking have been previously

cleared under Office of Management

and Budget paperwork clearance

package Number 1910–0300. There are

no new burdens imposed by this rule.

E. Review Under the National

Environmental Policy Act

DOE has concluded that promulgation

of this proposed rule falls into a class of

actions which would not individually or

cumulatively have significant impact on

the human environment, as determined

by DOE’s regulations (10 CFR part 1021,

subpart D) implementing the National

Environmental Policy Act (NEPA) of

1969 (42 U.S.C. 4321 et seq.).

Specifically, this proposed rule is

categorically excluded from NEPA

review because the amendments to the

DEAR would be strictly procedural

(categorical exclusion A6). Therefore,

this proposed rule does not require an

71294 Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Proposed Rules

environmental impact statement or

environmental assessment pursuant to

NEPA.

F. Review Under Executive Order 13132

Executive Order 13132 (64 FR 43255,

August 4, 1999) imposes certain

requirements on agencies formulating

and implementing policies or

regulations that preempt State law or

that have federalism implications.

Agencies are required to examine the

constitutional and statutory authority

supporting any action that would limit

the policymaking discretion of the

States and carefully assess the necessity

for such actions. DOE has examined

today’s proposed rule and has

determined that it does not preempt

State law and does not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. No further action

is required by Executive Order 13132.

G. Review Under the Unfunded

Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) generally

requires a Federal agency to perform a

detailed assessment of costs and

benefits of any rule imposing a Federal

Mandate with costs to State, local or

tribal governments, or to the private

sector, of $100 million or more. This

proposed rulemaking would only affect

private sector entities, and the impact is

less than $100 million.

H. Review Under the Treasury and

General Government Appropriations

Act, 1999

Section 654 of the Treasury and

General Government Appropriations

Act, 1999 (Pub. L. 105–277), requires

Federal agencies to issue a Family

Policymaking Assessment for any

proposed rule or policy that may affect

family well-being. This rulemaking will

have no impact on family well being.

List of Subjects in 48 CFR Parts 923,

936 and 970

Government procurement.

Issued in Washington, D.C. on November

16, 2000.

T. J. Glauthier,

Deputy Secretary of Energy.

For the reasons set out in the

preamble, Chapter 9 of Title 48 of the

Code of Federal Regulations is proposed

to be amended as set forth below.

1. The authority citations for parts 923

and 936 are revised to read as follows:

Authority: Atomic Energy Act of 1954 (42

U.S.C. 2201); Department of Energy

Organization Act (42 U.S.C. 7101, et seq.);

National Nuclear Security Administration

Act (50 U.S.C. 2401 et seq.).

PART 923—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

2. Section 923.405(e) is added to read

as follows:

§ 923.405 Procedures [DOE supplemental

coverage—paragraph (e)].

(e) When acquiring items designated

in the EPA Comprehensive Procurement

Guidelines, the EPA recommended

percentage of recovered/recycled

content contained in the Recovered

Materials Advisory Notice (RMAN) shall

be specified in the solicitation as the

minimum percentage of recycled

content. Acquisition of products with

recycled contents exceeding the RMAN

recommended content is encouraged if

their performance is acceptable.

§ 923.471 [Removed and Reserved].

3. Section 923.471 is removed and

reserved.

4. Subpart 923.7 is added to read as

follows:

Subpart 923.7—Contracting for

Environmentally Preferable and

Energy-Efficient Products and

Services

§ 923.705 Contract clause.

Pursuant to 48 CFR (FAR) 23.704, the

clause at 48 CFR (FAR) 52.223–10

should be included in solicitations and

contracts for prime support service

awards being performed at Governmentowned or Government-leased facilities

and in contracts for operation of a

Government-owned or Governmentleased facility.

PART 936—CONSTRUCTION AND

ARCHITECT-ENGINEER CONTRACTS

5. Section 936.601–3 is added to read

as follows:

§ 936.601–3 Applicable contract

procedures.

Executive Order 13123, Section

403(d), requires agencies to apply

sustainable design principles to the

siting, design, and construction of new

facilities. Contracting activities shall

optimize life-cycle costs, recycled

materials, pollution prevention, and

other environmental and energy

efficiency considerations associated

with the construction, life-cycle

operation, and decommissioning of their

facilities. Contracting activities shall

consider using Energy Savings

Performance Contracts or utility energyefficiency service contracts to aid them

in constructing sustainable design

buildings.

6. Section 936.602–70 is amended by

adding paragraph (a)(8) to read as

follows:

§ 936.602–70 DOE selection criteria.

* * * * *

(a) * * *

(8) In addition to these requirements,

consider the Architect Engineer firms’

experience in energy efficiency,

pollution prevention, waste reduction,

and the use of recovered materials and

other criteria at FAR 36.602–1.

* * * * *

PART 970—MANAGEMENT AND

OPERATING CONTRACTS

7. The authority citation for part 970

continues to read as follows:

Authority: Atomic Energy Act of 1954 (42

U.S.C. 2201); Department of Energy

Organization Act (42 U.S.C. 7101, et seq.);

National Nuclear Security Administration

Act (50 U.S.C. 2401 et seq.).

Subpart 970.23—Environment,

Conservation, Occupational Safety,

and Drug-Free Workplace

8. Sections 970.2304, 970.2304–1, and

970.2304–2 are revised to read as

follows:

§ 970.2304 Use of recovered/recycled

materials.

§ 970.2304–1 General.

The policy for the acquisition and use

of EPA designated items, i.e. items with

recovered/recycled content, is set forth

at 48 CFR (FAR) 23.4—Use of Recovered

Materials as supplemented by 48 CFR

(DEAR) 923.405(e) and by 48 CFR (FAR)

23.705, Application to Governmentowned or Government-leased facilities,

and 48 CFR (FAR) 23.706, Contract

clause, as supplemented by 48 CFR

(DEAR) 923.706.

§ 970.2304–2 Contract clause.

The contracting officer shall insert the

clause at 48 CFR (FAR) 52.223–10,

Waste Reduction Program, and the

clause at 48 CFR (DEAR) 970.5204–39,

Affirmative Procurement Program, in

contracts for the management of DOE

facilities including national laboratories.

If the contractor subcontracts a

significant portion of the logistical

operation of the Government facility, or

subcontracts for construction or

remodeling at the facility, which

includes the acquisition of items

designated in EPA’s Comprehensive

Procurement Guidelines that Federal

agencies and their contractors are to

acquire with recovered/recycled

Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Proposed Rules 71295

content, the subcontract shall contain

the clause at 48 CFR (DEAR) 970.5204–

39. Examples of such subcontracts

would be operation of the facility

supply function, construction or

remodeling at the facility, or operation

of the facility motor vehicle fleet.

Subpart 970.52—Contract Clauses for

Management and Operating Contracts

9. Section 970.5204–39 is revised to

read as follows:

§ 970.5204–39 Affirmative procurement

program.

As prescribed in 48 CFR (DEAR)

970.2304–2, insert the following clause

in contracts for the management of DOE

facilities, including national

laboratories.

Affirmative Procurement Program (xxx

2000)

(a) In the performance of this contract, the

Contractor shall comply with the

requirements of the U.S. Department of

Energy Affirmative Procurement Program

Guidance which is available on the Internet.

(b) In complying with the requirements of

paragraph (a) of this clause, the Contractor

shall coordinate its activities with the DOE

Recycling Coordinator. Reports required by

paragraph (c) of this clause shall be

submitted through the DOE Recycling

Coordinator.

(c) The contractor shall prepare and submit

reports on matters related to the acquisition

of items designated in EPA’s Comprehensive

Procurement Guidelines that Federal

agencies and their contractors are to procure

with recovered/recycled content at the

conclusion of each fiscal year.

(d) If the contractor subcontracts a

significant portion of the logistical operation

of the Government facility or subcontracts for

construction or remodeling at the facility

which includes the acquisition of items

designated in EPA’s Comprehensive

Procurement Guidelines that Federal

agencies and their contractors are to acquire

with recovered/recycled content, the

subcontract shall contain the clause at 48

CFR (DEAR) 970.5204–39. Examples of such

a subcontract would be operation of the

facility supply function, construction or

remodeling at the facility, or operation of the

facility motor vehicle fleet.

(e) When this clause is used in a

subcontract, the word ‘‘contractor’’ will be

understood to mean ‘‘subcontractor’’ and the

term ‘‘DOE Recycling Coordinator’’ will be

understood to mean ‘‘Contractor Recycling

Coordinator.’’

[FR Doc. 00–30313 Filed 11–29–00; 8:45 am]

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