Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33589

it is ineligible for this 8(a) award, or

otherwise receives instructions from the

Contracting Officer, performance under this

purchase order may begin on the third

working day following receipt of the

purchase order. If a determination of

ineligibility is issued within the 2-day

period, the purchase order shall be

considered canceled.

(End of clause)

PART 253—FORMS

6. Section 253.204–70 is amended by

revising paragraph (d)(5)(iv)(B)(2) to

read as follows:

253.204–70 DD Form 350, Individual

Contracting Action Report.

* * * * *

(d) * * *

(5) * * *

(iv) * * *

(B) * * *

(2) Code B—Section 8(a). Enter code

B if the contract was awarded to—

(i) The Small Business Administration

(SBA) under Section 8(a) of the Small

Business Act (FAR subpart 19.8); or

(ii) An 8(a) contractor under the direct

award procedures at 219.811.

* * * * *

7. Section 253.204–71 is amended by

revising paragraph (g)(2)(ii)(A) to read as

follows:

253.204–71 DD Form 1057, Monthly

Contracting Summary of Actions $25,000 or

Less.

* * * * *

(g) * * *

(2) * * *

(ii) * * *

(A) Block E2a, Through SBA-Section

8(a). Enter actions with the Small

Business Administration pursuant to

Section 8(a) of the Small Business Act

(FAR subpart 19.8) or under the 8(a)

direct award procedures at 219.811.

* * * * *

[FR Doc. 98–16282 Filed 6–18–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1, Amdt. 1–293]

Organization and Delegation of Powers

and Duties; Delegation to the Assistant

Secretary for Budget and Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation is delegating to the

Assistant Secretary for Budget and

Programs the authority to make

appropriate Congressional notification

pursuant to The National Energy

Conservation Policy Act, as amended

(42 U.S.C. 8287 et seq.). The Act

requires the agency head to provide

Congressional notification for awards of

Energy Savings Performance Contracts

(ESPCs) with cancellation ceilings in

excess of $750,000. In order that the

Code of Federal Regulations reflect the

delegation to the Assistant Secretary for

Budget and Programs regarding

Congressional notification for ESPC

awards, an addition to section 1.58 of

Title 49 is necessary.

EFFECTIVE DATE: June 19, 1998.

FOR FURTHER INFORMATION CONTACT: Ms.

Lesley Field, Office of Acquisition and

Grant Management, Department of

Transportation, (202) 366–4960, 400

Seventh Street SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION: Pursuant

to The National Energy Conservation

Policy Act, the head of the agency is

required to provide Congressional

notification for ESPCs with cancellation

ceilings in excess of $750,000 (42 U.S.C.

8287(a)(2)(D)). The Act authorizes

federal agencies to enter into multiyear

ESPCs for a period not to exceed 25

years, without funding of cancellation

charges before cancellation, provided

certain conditions are met. One of these

conditions is that appropriate notice be

given to Congress 30 days prior to award

of a contract that contains a cancellation

ceiling in excess of $750,000.

Delegating the notification function to

the Assistant Secretary for Budget and

Programs will expedite the notification

process. Since the notification in

question is to the Appropriation

Committees and Authorizing

Committees, the Budget Office is well

situated to implement the notification

requirement as it handles contacts with

these committees on many other

Departmentwide budgetary issues.

This rule is being published as a final

rule and is being made effective on the

date of publication. It relates to

departmental management,

organization, procedure, and practice.

For this reason, the Secretary finds good

cause, under 5 U.S.C. 553(b) and (d)(3),

that notice, and public procedure on the

notice are unnecessary and that this rule

should be made effective on the date of

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(government agencies).

In consideration of the foregoing, part

1 of title 49, Code of Federal

Regulations, is amended to read as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub.L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

§ 1.58 [Amended]

2. Section 1.58 is amended by adding

a new paragraph (h) to read as follows:

§ 1.58 Delegations to Assistant Secretary

for Budget and Programs.

The Assistant Secretary for Budget

and Programs is delegated authority to:

* * * * *

(h) Provide Congressional Notification

for Energy Savings Performance

Contracts (ESPCs) with cancellation

ceilings in excess of $750,000, pursuant

to the National Energy Conservation

Policy Act, as amended, 42 U.S.C. 8287

et seq.

Issued in Washington, DC this 15th day of

June, 1998.

Rodney Slater,

Secretary of Transportation.

[FR Doc. 98–16281 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1, Amdt. 1–294]

Organization and Delegation of the

Powers and Duties Delegation to the

Commandant, United States Coast

Guard

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation delegates to the

Commandant, United States Coast

Guard, the authority contained in the

National Defense Authorization Act for

Fiscal Year 1998 to allow personnel to

participate in management of certain

non-Federal entities. Participation

under this authority includes acting as

an officer or voting board member. The

term ‘‘Non-Federal entities’’ includes,

but is not limited to, the following

organizations: Coast Guard Mutual

Assistance, the National Collegiate

Athletics Association, the Coast Guard

Academy Athletic Association, the

Freedom Football Conference, the New

England Women’s and Men’s Athletic

Conference, the Pilgrim Conference, the