Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27859

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

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 Montana, is amended

by adding Channel *240C3 at Bozeman.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–13564 Filed 5–20–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–15; RM–9142]

Radio Broadcasting Services; Brinkley

and Colt, AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document reallots

Channel 272C2 from Brinkley to Colt,

Arkansas, and modifies the

authorization of East Arkansas

Broadcasters, Inc. for Station KQMC-FM

to specify operation on Channel 272C2

at Colt, Arkansas, as requested, pursuant

to the provisions of Section 1.420(i) of

the Commission’s Rules. See 63 FR

7361, Feburary 13, 1998. The allotment

of Channel 272C2 to Colt will provide

that community with its first local aural

transmission facility without depriving

Brinkley of local aural service.

Coordinates used for Channel 272C2 at

Colt are 34–58–10 NL and 90–51–07

WL. With this action, the proceeding is

terminated.

EFFECTIVE DATE: June 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 98–15,

adopted May 6, 1998, and released May

15, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

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

§ 73.202 [Amended]

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

Allotments under Arkansas, is amended

by removing Channel 272C2 at Brinkley

and adding Colt, Channel 272C2.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–13563 Filed 5–20–98; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1842 and 1853

Revision to the NASA FAR Supplement

on Contractor Performance

Information

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Interim rule.

SUMMARY: This is an interim rule

amending the NASA FAR Supplement

(NFS) to implement FAR requirement to

evaluate contractor performance. Since

the changes either conform NASA

procedures to those of the FAR,

implement FASA-related FAR changes,

or affect acquisition procedures to the

extent that immediate adoption is

necessary, NASA is issuing the changes

as an interim rule, with an effective date

60 days after publication.

DATES: This rule is effective July 20,

1998. All comments on this interim rule

should be in writing and must be

received by July 20, 1998.

ADDRESSES: Paul Brundage, Code HK,

NASA Headquarters, 300 E Street, SW,

Washington, DC 20456–0001.

FOR FURTHER INFORMATION CONTACT: Paul

Brundage, (202) 358–0481.

SUPPLEMENTARY INFORMATION:

Background

FAR 42.15 requires that Federal

agencies evaluate contract performance

for each contract in excess of $100,000.

NASA is amending the NFS to provide

specific internal procedures for

accomplishing this evaluation.

Impact

NASA certifies that this regulation

will not have a significant economic

impact on a substantial number of small

business entities under the Regulatory

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

This interim rule does not impose any

reporting or recordkeeping requirements

subject to the Paperwork Reduction Act.

Lists of Subjects in 48 CFR Parts 1842

and 1853

Government procurement.

Deidre Lee,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1842 and

1853 are amended as follows:

1. The authority citation for 48 CFR

Parts 1842 and 1853 continues to read

as follows:

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

PART 1842—CONTRACT

ADMINISTRATION

Subpart 1842.15 [Added]

2. Subpart 1842.15 is added to read as

follows:

Subpart 1842.15—Contractor

Performance Information

Sec.

1842.1501 General.

1842.1502 Policy.

1842.1503 Procedures.

1842.1501 General.

Communications with contractors are

vital to improved performance and this

is NASA’s primary objective in

evaluating past performance. Other

objectives include providing data for

both future source selections and for

reports under NASA’s Contractor

Performance Assessment Program

(CPAP). While the evaluations must

reflect both shortcomings and

achievements during performance, they

should also elicit from the contractors

their views on impediments to

improved performance emanating from

the Government or other sources.

1842.1502 Policy. (NASA Supplement

paragraph (a))

(a) Within 60 days of every

anniversary of the award of a contract

having a term exceeding one year,

contracting officers shall conduct

interim evaluations of performance on
27860 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

contracts subject to FAR subpart 42.15

and this subpart. The final evaluation

shall cover only the last period of

performance (i.e., it shall not be

cumulative).

1842.1503 Procedures. (NASA Supplement

paragraphs (a), (b), and (c))

(a) The contracting officer shall

determine who (e.g., the technical office

or end users of the products or services)

evaluates appropriate portions of the

contractor’s performance. The

evaluations are subjective in nature.

Nonetheless, the contracting officer,

who has responsibility for the

evaluations, shall ensure that they are

reasonable.

(b) NASA Form 1680, entitled,

‘‘Evaluation of Performance,’’ shall be

used to document evaluations. This

provides for a five-tiered rating (using

the definitions for award fee evaluation

scoring found in 1816.405–275)

covering the following attributes:

quality, timeliness, price or control of

costs (not required for firm-fixed-price

contracts or firm-fixed-price contracts

with economic price adjustment), and

other considerations. Evaluations used

in determining award fee payments

satisfy the requirements of this subpart

and do not require completion of NASA

Form 1680. In addition, hybrid contracts

containing both award fee and nonaward fee portions do not require

completion of NASA Form 1680.

(c) Contracting Officers shall ensure

that the Government discusses all

evaluations with contractors and shall

record the date and the participants on

the evaluation form. Contracting officers

shall sign and date the evaluation after

considering any comments received

from the contractor within 30 days of

the contractor’s receipt of the

evaluation. If a contractor in its timely

comments disagrees with an evaluation

and requests a review at a level above

the contracting officer, it shall be

provided within 30 days. While the FAR

forbids use of the evaluations for source

selections more than three years after

contract completion, they shall

nevertheless be retained in the contract

file as provided in FAR 4.8, Government

Contract Files.

PART 1853—FORMS

1853.242–72 [Added]

3. Section 1853.242–72 is added to

read as follows:

1853.242–72 Evaluation of Performance

(NASA Form 1680).

NASA Form 1680, Evaluation of

Performance. Prescribed in 1842.1503.

[FR Doc. 98–13511 Filed 5–20–98; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 970129015–8123–06; I.D.

042798B]

RIN 0648–AI84

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Pacific Offshore Cetacean Take

Reduction Plan Regulations; Technical

Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS issues this document

to correct and clarify the meaning of a

final rule to reduce bycatch of several

marine mammal stocks that occur

incidental to fishing for swordfish and

thresher shark with drift gillnet gear

offshore California and Oregon. These

amendments are nonsubstantive.

DATES: Effective May 21, 1998.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, NMFS, Southwest Region,

562–980–4016; or Victoria Cornish,

NMFS, Office of Protected Resources,

301–713–2322.

SUPPLEMENTARY INFORMATION:

Background

On October 3, 1997 (62 FR 51805),

NMFS published a final rule requiring

new training, equipment, and gear

modifications for operators and vessels

in the California/Oregon drift gillnet

fishery for thresher shark and swordfish

to reduce the mortality and serious

injury of several marine mammal stocks

that occurs incidental to fishing

operations. The regulatory text was

codified in subpart C of 50 CFR part

229.

Amendments to 50 CFR Part 229

NMFS has determined that the

meaning of term ‘‘extender’’ might be

unclear to some readers. An ‘‘extender’’

is a line that attaches a buoy (float) to

a drift gillnet’s floatline. To clarify this

term, NMFS is adding a definition for

‘‘extender’’ to § 229.31(b).

Since floatlines are attached at the top

of drift gillnets, the length of extender

lines determine the depth in the water

column at which the net is fished.

NMFS intended the final rule to require

that all extenders used in the fishery be

at least 6 fathoms (36 ft., 10.9 m) long

because the length of extenders controls

the depth the net is fished in the water

column. The depth of the net in the

water column is correlated with marine

mammal bycatch; observer data indicate

that nets deployed shallower in the

water column entangle more marine

mammals. However, the word, ‘‘all’’ was

inadvertently omitted from the

regulatory text. NMFS is clarifying that

‘‘all’’ extenders deployed must be at

least 6 fathoms (36 ft., 10.9 m) long

during all sets under § 229.31(b).

Accordingly, since floatlines are

attached to the top of the nets, all

floatlines must be fished at a minimum

of 36 feet (10.9 m) below the surface of

the water.

NMFS is removing the outdated

reference to ‘‘October 30, 1997’’ under

§ 229.31(c)(2).

Also, in the same section, the final

rule requires that, while at sea, drift

gillnet vessels with multifilament

gillnets on board must carry enough

pingers to meet the configuration

requirements set forth under

§ 229.31(c)(3). The goal of this

requirement is to facilitate enforcement

of the pinger requirement during at-sea

boardings by enforcement agents onto

drift gillnet vessels that are not actively

fishing. The term ‘‘multifilament’’ was

intended to identify the typical gear

type used in the fishery and not to

describe a narrow class of fishing

vessels. NMFS believes that any vessel

that could potentially fish in the fishery

should have the required number of

pingers on board at all times while at

sea. To ensure that the final rule

remains inclusive, NMFS is deleting the

term ‘‘multifilament’’ under

§ 229.31(c)(2).

NMFS is also adding a figure to part

229 which illustrates the pinger

configuration and extender

requirements (see figure 1).

Classification

The Assistant Administrator for

Fisheries, NOAA (AA) has determined

that this final rule, technical

amendment, makes only minor, nonsubstantive changes and does not

change operating practices in the

fishery. Therefore, there is good cause

under 5 U.S.C. 553(b)(B) to waive the

requirement for prior notice and an

opportunity for public comment. Such