Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34605

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–16917 Filed 6–24–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 235

[DFARS Case 97–D002]

Defense Federal Acquisition

Regulation Supplement; Streamlined

Research and Development

Contracting

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to implement streamlined

solicitation and contracting procedures

for research and development

acquisitions. The streamlined

procedures are expected to reduce the

time and cost required to obtain

proposals and award research and

development contracts.

DATES: Effective date: June 25, 1998.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before August 24, 1998, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Michael Pelkey, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350.

E-mail comments submitted over the

Internet should be addressed to:

dfars@acq.osd.mil.

Please cite DFARS Case 97–D002 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D002 in the subject line.

FOR FURTHER INFORMATION CONTACT:

Michael Pelkey, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

In October 1994, the Director of

Defense Procurement authorized a test

of certain streamlined solicitation and

contracting procedures for research and

development acquisitions at certain DoD

laboratories. The test results

demonstrated the benefits of

standardizing the format of solicitations

and contracts issued by various

contracting activities, and of using the

standard format to streamline the

solicitation and contracting process.

However, to facilitate maintenance of an

accurate and timely standard format, to

move towards a paperless solicitation

and contracting process, and to leverage

available information technology, the

standard format has been moved from

the DFARS to a World Wide Web site.

Similarly, solicitations issued using

these procedures will be published

exclusively on the World Wide Web.

This final rule supersedes the interim

rule published under DFARS Case 96–

D028 on April 4, 1997 (62 FR 16099).

B. 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 the rule merely provides an

implementation of electronic

contracting procedures already

authorized by the Federal Acquisition

Regulation. An initial regulatory

flexibility analysis has, therefore, not

been performed. Comments are invited

from small businesses and other

interested parties. Comments from small

entities concerning the affected DFARS

subpart also will be considered in

accordance with 5 U.S.C. 610. Such

comments should be submitted

separately and should cite DFARS Case

97–D002 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements that require the approval

of the Office of Management and Budget

under 44 U.S.C. 3501, et seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish this interim rule prior to

affording the public an opportunity to

comment. This interim rule provides

streamlined procedures, and a standard

solicitation and contract format, for

acquisition of research and

development. Streamlined procedures

and use of the World Wide Web will

substantially reduce the time and cost

required to obtain proposals and award

research and development contracts.

Any delay in implementing these

procedures will result in the loss of

potential savings, thus reducing the

Department’s buying power.

Implementation of these procedures will

also help the Department achieve its

paperless contracting goal by the year

2000. Comments received in response to

the publication of this interim rule will

be considered in formulating the final

rule.

List of Subjects in 48 CFR Part 235

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 235 is

amended as follows:

1. The authority citation for 48 CFR

Part 235 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 235—RESEARCH AND

DEVELOPMENT CONTRACTING

2. Subpart 235.70 is revised to read as

follows:

Subpart 235.70—Research and

Development Streamlined Contracting

Procedures

Sec.

235.7000 Scope.

235.7001 Definitions.

235.7002 Applicability.

235.7003 Research and development

streamlined solicitation and contract.

235.7003–1 General.

235.7003–2 RDSS process.

235.7003–3 Proposal evaluation and

contract award.

235.7003–4 Additional provisions and

clauses.

235.7000 Scope.

This subpart prescribes streamlined

procedures for acquiring research and

development, using a standard

solicitation and contract format and the

capabilities of the World Wide Web.

235.7001 Definitions.

As used in this subpart—

(a) Research and development

streamlined contract (RDSC) means—

(1) A contract that results from use of

the research and development

streamline solicitation; or

(2) Any other contract prepared in the

standard format published at the

RDSS/C website.

(b) Research and development

streamlined solicitation (RDSS) means a

solicitation issued in accordance with

235.7003.

(c) RDSS/C website means the site on

the World Wide Web at ‘‘http://

www.rdss.osd.mil/’’ where research and

development streamlined solicitation

and contracting information is

published.
34606 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

235.7002 Applicability.

(a) Except as provided in paragraph

(b) of this section, consider using the

procedures in this subpart for

acquisitions that—

(1) Will result in the award of a costreimbursement contract; and

(2) Meet the criteria for research and

development as defined in 235.001 and

FAR 35.001.

(b) Do not use the procedures in this

subpart for—

(1) Contracts to be performed outside

the United States and Puerto Rico;

(2) Contracts denominated in other

than U.S. dollars;

(3) Acquisitions using simplified

acquisition procedures;

(4) Acquisition of engineering and

manufacturing development,

management support, or operational

system development, as defined in

235.001; or

(5) Acquisition of laboratory supplies

and equipment, base support services,

or other services identified in

paragraphs (a) through (h) of the

definition of ‘‘service contract’’ at FAR

37.101.

(c) Regardless of whether the RDSS is

used, the RDSC may be used for any

acquisition that meets the criteria in

paragraph (a) of this section.

235.7003 Research and development

streamlined solicitation and contract.

235.7003–1 General.

The procedures and standard format

are published at the RDSS/C website.

The RDSS/C Managing Committee is

responsible for updating the website.

235.7003–2 RDSS process.

(a) Synopisis. The Commerce

Business Daily synopsis required by

FAR 5.203 shall include—

(1) The information required by FAR

5.207; and

(2) Statements that—

(i) A paper solicitation will not be

issued; and

(ii) The solicitation will be published

at the RDSS/C website.

(b) Solicitation. (1) The solicitation—

(i) Shall be published in its entirety at

the RDSS/C website;

(ii) Shall include the applicable

version number of the RDSS standard

format; and

(iii) Shall incorporate by reference the

appropriate terms and conditions of the

RDSS standard format.

(2) To encourage preparation of better

cost proposals, consider allowing a

delay between the due dates for

technical and cost proposals.

(c) Amendments. Amendments shall

be published at the RDSS/C website.

235.7003–3 Proposal evaluation and

contract award.

(a) Evaluate proposals in accordance

with the evaluation factors set forth in

the RDSS.

(b) RDSC. (1) The RDSC shall

include—

(i) Standard Form (SF) 33,

Solicitation, Offer and Award, or SF 26,

Award/Contract; and

(ii) Sections B through J of the RDSS

or other solicitation, with applicable

fill-in information inserted.

(2) When an RDSC is awarded to an

educational or nonprofit institution—

(i) Remove provisions and clauses

that do not apply to educational or

nonprofit institutions; and

(ii) As necessary, insert appropriate

replacement provisions and clauses.

235.7003–4 Additional provisions and

clauses.

Use of FAR and DFRAS provisions

and clauses, and nonstandard

provisions and clauses approved for

agency use, that are not in the RDSS/C

standard format, shall be approved in

accordance with agency procedures.

[FR Doc. 98–16935 Filed 6–24–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 971208294–8154–02; I.D.

103097B]

RIN 0648–AJ20

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Restrictions on

Frequency of Limited Entry Permit

Transfers; Sorting Catch by Species;

Retention of Fish Tickets

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement management measures that

restrict the frequency of limited entry

permit transfers to once every 12

months, with transfers taking effect on

the first day of a cumulative landings

limit period. This rule also requires the

sorting of all groundfish species with

trip limits, size limits, quotas, or harvest

guidelines at the point of landing, and

the retention of landings receipts on

board the vessel that has made those

landings. This rule is intended to

constrain the introduction of new

fishing effort into the Pacific Coast

groundfish fisheries, and to improve the

enforceability of Federal and state

fisheries regulations.

DATES: Effective July 27, 1998.

ADDRESSES: Copies of the

Environmental Assessments/Regulatory

Impact Reviews (EA/RIRs) for these

issues are available from Lawrence D.

Six, Executive Director, Pacific Fishery

Management Council, 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier at 206–526–6140,

Svein Fougner at 562–980–4000, or the

Pacific Fishery Management Council at

503–326–6352.

SUPPLEMENTARY INFORMATION: This rule

implements three separate regulatory

changes: (1) Restricting the frequency of

limited entry permit transfers to once

every 12 months, with transfers taking

effect only on the first day of a

cumulative landings limit period; (2)

providing Federal regulatory support for

existing state requirements that require

the sorting of all groundfish species

with trip limits, size limits, quotas, or

harvest guidelines; and (3) providing

consistent regulatory requirements on

the retention of landings receipts

throughout the management area. These

regulatory changes were recommended

by the Council at its June 1995 and

October 1996 meetings. The notice of

proposed rulemaking for this action (62

FR 67610, December 29, 1997) fully

described the background and rationale

for the Council’s recommendations.

NMFS requested public comments on

this action through February 12, 1998.

NMFS received one comment during the

comment period, which is addressed

later in the preamble to this final rule.

Restrictions on Permit Transfer

Frequency

This rule implements Council

recommendations to constrain

groundfish fleet effort expansion by

restricting the frequency of limited entry

permit transfers to once every 12

months, with transfers taking effect only

on the first day of a major cumulative

limit period. The major cumulative limit

periods are the cumulative limit periods

that govern all gears in the groundfish

fishery. These are generally 1– or 2–

month periods. The major cumulative

limit periods will be announced each