Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations 11107

§ 25.405 Prohibition of collusion.

Upon the deadline for filing the

supplemental information required by

§ 25.403, all applicants are prohibited

from cooperating, collaborating,

discussing or disclosing in any manner

the substance of their bids or bidding

strategies, or discussing or negotiating

settlement agreements, with other

applicants until after the high bidder

makes the required down payment.

§ 25.406 License Grant, Denial, Default,

and Disqualification.

(a) Unless otherwise specified in these

rules, auction winners are required to

pay the balance of their winning bids in

a lump sum within ten (10) business

days following public notice by the

Commission that it is prepared to award

the licenses. Grant of the license will be

conditioned on full and timely payment

of the winning bid.

(b) If a winning bidder withdraws its

bid after the Commission has declared

competitive bidding closed or fails to

remit the required down payment

within ten (10) business days after the

Commission has declared competitive

bidding closed, the bidder will be

deemed to have defaulted, its

application will be dismissed, and it

will be liable for the default payment

specified in § 1.2104(g)(2). In such

event, the Commission may either reauction the license to existing or new

applicants or offer it to the other highest

bidders (in descending order) at their

final bids. The down payment

obligations set forth in § 25.404(b) will

apply.

(c) A winning bidder who is found

unqualified to be a licensee, fails to

remit the balance of its winning bid in

a timely manner, or defaults or is

disqualified for any reason after having

made the required down payment, will

be deemed to have defaulted and will be

liable for the penalty set forth in

§ 1.2104(g)(2). In such event, the

Commission will conduct another

auction for the license, affording new

parties an opportunity to file an

application for the license.

(d) Bidders who are found to have

violated the antitrust laws or the

Commission’s rules in connection with

their participation in the competitive

bidding process may be subject, in

addition to any other applicable

sanctions, to forfeiture their up front

payment, down payment or full bid

amount, and may be prohibited from

participating in future auctions.

PART 87—AVIATION SERVICES

1. The authority citation in Part 87

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–156, 301–609.

2. Paragraph (d)(1) of § 87.303 is

revised to read as follows:

§ 87.303 Frequencies.

* * * * *

(d)(1) Frequencies in the bands 1435–

1525 MHz and 2360–2390 MHz are

assigned primarily for telemetry and

telecommand operations associated

with the flight testing of manned or

unmanned aircraft and missiles, or their

major components. The band 1525–1535

MHz is also available for these purposes

on a secondary basis. In the band 2320–

2345 MHz, the mobile and radiolocation

services are allocated on a primary basis

until a Broadcast-Satellite (sound)

service has been brought into use in

such a manner as to affect or be affected

by the mobile and radiolocation services

in those service areas. Permissible uses

of these bands include telemetry and

telecommand transmissions associated

with the launching and reentry into the

earth’s atmosphere as well as any

incidental orbiting prior to reentry of

manned or unmanned objects

undergoing flight tests. In the 1435–

1530 MHz band, the following

frequencies are shared with flight

telemetry mobile stations: 1444.5,

1453.5, 1501.5, 1515.5, 1524.5 and

1525.5 MHz. In the 2320–2345 MHz and

2360–2390 MHz bands, the following

frequencies may be assigned on a coequal basis for telemetry and associated

telecommand operations in fully

operational or expendable and re-usable

launch vehicles whether or not such

operations involve flight testing: 2332.5,

2364.5, 2370.5 and 2382.5 MHz. In the

2360–2390 MHz band, all other

telemetry and telecommand uses are

secondary to the above stated launch

vehicle uses.

* * * * *

[FR Doc. 97–6064 Filed 3–10–97; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 1833 and 1852

NASA FAR Supplement; Protests to

the agency

AGENCY: Office of Procurement, Contract

Management Division, National

Aeronautics and Space Administration

(NASA).

ACTION: Interim rule; request for

comments.

SUMMARY: The Federal Acquisition

Regulation (FAR) was amended to revise

procedures for submission of protests to

Federal agencies. In order to implement

the changes made to the FAR, this rule

provides for a solicitation provision that

informs offerors to whom protests may

be submitted as an alternative to

submission to the NASA contracting

officer. The effect of the changes is to

give prospective NASA contractors an

additional means for submitting protests

in order to resolve their concerns about

a contract or solicitation.

DATES: This interim rule is effective

March 11, 1997. NASA will accept

written comments until May 12, 1997.

ADDRESSES: Comments regarding this

rule should be addressed as follows:

National Aeronautics and Space

Administration, Contract Management

Division (Code HK/Beck), Washington,

DC 20546.

FOR FURTHER INFORMATION CONTACT:

Dave Beck, (202) 358–0482.

SUPPLEMENTARY INFORMATION: .

Availability of NASA FAR Supplement

The NASA FAR Supplement, of

which this rule is a part, is available in

its entirety on a subscription basis from

the Superintendent of Documents,

Government Printing Office,

Washington, DC 20402, telephone

number (202) 512–1800. Cite GPO

Subscription Stock Number 933–003–

00000–1. It is not distributed to the

public, either in whole or in part,

directly by NASA.

Background

Section 33.103 of the Federal

Acquisition Regulation (FAR), 48 CFR

33.103, was amended to revise

procedures for submission of protests to

Federal agencies (62 FR 270, January 2,

1997). In order to implement the

changes made to the FAR, this rule

provides for a solicitation provision that

informs offerors to whom protests may

be submitted as an alternative to

submission to the contracting officer.

Regulatory Flexibility Act

The interim rule is not expected to

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 this rule implements previously

adopted Federal-wide regulations by

simply providing for a solicitation

provision that informs offerors to whom

protests may be submitted as an

alternative to submission to the

contracting officer. An Initial Regulatory

Flexibility Analysis has, therefore, not

been performed. Comments from small
11108 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations

entities concerning the affected NASA

FAR Supplement subparts will be

considered in accordance with 5 U.S.C.

601. Such comments must be submitted

separately and cite 5 U.S.C. 601, et seq.

Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed changes

to the NASA FAR Supplement does not

impose any new recordkeeping or

information collection requirements, or

new collections of information from

offerors contractors, or members of the

public which require the approval of the

Office of Management and Budget

(OMB) under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1833

and 1852

Government procurement.

Tom Luedtke

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR parts 1833 and

1852 are amended as follows:

1. The authority citation for 48 CFR

parts 1833 and 1852 continues to read

as follows:

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

PART 1833—PROTESTS, DISPUTES,

AND APPEALS

Subpart 1833.1—Protests

2. Section 1833.103 is revised to read

as follows:

1833.103 Protests to the agency. (NASA

supplements paragraph (b))

(b) Protests received at NASA offices

or locations other than that of the

cognizant contracting officer shall be

immediately referred to the contracting

officer for disposition (see 1833.106(a)).

The contracting officer shall advise the

Headquarters Office of the General

Counsel (Code GK) of the receipt of the

protest and the planned and actual

disposition. This paragraph does not

apply when the protester has requested

an independent review under the

provision at 1852.233–70.

3. Section 1833.106–70 is added to

read as follows:

1833.106–70 Solicitation provision.

Contracting officers shall insert the

provision at 1852.233–70 in all

solicitations.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Section 1852.233–70 is added to

read as follows:

1852.233–70 Protests to NASA.

As prescribed in 1833.106–70, insert

the following provision:

Protests to NASA (March 1997)

Potential bidders or offerors may submit a

protest under 48 CFR part 33 (FAR Part 33)

directly to the Contracting Officer. As an

alternative to the Contracting Officer’s

consideration of a protest, a potential bidder

or offeror may submit the protest to the

Deputy Associate Administrator for

Procurement, who will serve as or designate

the official responsible for conducting an

independent review. Protests requesting an

independent review shall be addressed to

Deputy Associate Administrator for

Procurement, NASA Code H, Washington,

DC 20546–0001.

[FR Doc. 97–5692 Filed 3–10–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

030497A]

Summer Flounder Fishery

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 State of Maine has been

harvested. Vessels issued a commercial

Federal fisheries permit for the summer

flounder fishery may not land summer

flounder in Maine for the remainder of

calendar year 1997, unless additional

quota becomes available through a

transfer. This announcement is in

accordance with the regulations

governing the summer flounder fishery.

EFFECTIVE DATE: March 5, 1997 through

December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

David M. Gouveia, Fishery Management

Specialist, 508–281–9280.

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 percentage allocated to

each state are described in § 648.100.

The total commercial quota for

summer flounder for the 1997 calendar

year is set equal to 11,111,298 lb

(5,040,000 kg), effective March 5, 1997.

The percentage allocated to vessels

landing summer flounder in Maine is

0.04756 percent, or 5,284 lb (2,397 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 calendar year 1996, a

total of 8,226 lb (3,731 kg) were landed

in Maine. The amount allocated for

Maine landings in 1996 was 5,284 lb

(2,397 kg), creating a 2,942 lb (1,334 kg)

overage that was deducted from the

amount allocated for landings in that

state during 1997, effective March 5,

1997. The resulting quota for Maine is

2,342 lb (1,062 kg).

Section 648.101(b) requires the

Regional Administrator to monitor state

commercial quotas and to determine

when a state commercial quota is

harvested. The Regional Administrator

is further required to publish an

announcement 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 State of Maine has

attained its quota for 1997, the Regional

Administrator has determined based on

dealer reports and other available

information, that the State’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 March 5, 1997, further landings of

summer flounder in Maine 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. Federally

permitted dealers are also advised that

they may not purchase summer flounder

from federally permitted vessels that

land in Maine 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. 12866.

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