33586 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

using the following formula; the

accounts listed shall be allocated

pursuant to paragraph (c) of this section:

[Return on Investment attributable to

COE Category 3 ¥ Account 7340 ¥

Account 7500 ¥ Account 7210)] ×

[Federal Income Tax Rate ÷ (1 ¥

Federal Income Tax Rate)].

10. On page 2128, in the first column,

in § 54.303, in paragraph (b)(1) revise to

read as follows:

(b) * * *

(1) To calculate the unadjusted baselevel of Long Term Support for 1998,

the Administrator shall calculate the

difference between the projected

Common Line revenue requirement of

association Common Line tariff

participants projected to be recovered in

1997 and the sum of end user common

line charges and the 1997 projected

revenue recovered by the association

Carrier Common Line charge as

calculated pursuant to § 69.105(b)(2) of

this chapter.

11. On page 2130, in the third

column, in § 54.511, in paragraph (c)(1),

in lines 7 and 8, remove the phrase

‘‘competitive bid’’ and change the

reference from ‘‘§ 54.504(a)’’ to

‘‘§ 54.504(a), (b)(3), and (b)(4)’’; in

paragraph (c)(1)(i), in line 3, add the

word ‘‘of’’ between ‘‘life’’ and ‘‘the

contract’’; and in paragraph (c)(1)(ii), in

line 7, remove the phrase ‘‘that were

provided’’ and add, in its place, ‘‘that

are provided’’.

12. On page 2131, in the first column,

in § 54.518, in the section heading

remove the word ‘‘Wide’’ and add, in its

place ‘‘Support for wide’’.

13. On page 2131, in the first column,

in § 54.519, in paragraph (a)(3), remove

the phrase ‘‘Make a good faith effort’’

and add, in its place, ‘‘Take reasonable

steps’’.

14. On page 2131, in the second

column, in § 54.604, in paragraph (a), in

line 5, remove the phrase ‘‘service

provider’’ and add, in its place,

‘‘telecommunications carrier’’.

15. On page 2131, in the third

column, in § 54.604, in paragraph (c), in

the last line, remove the phrase ‘‘service

providers’’ and add, in its place,

‘‘telecommunications carriers’’.

16. On page 2132, in the second

column, in § 54.703, in the first sentence

of paragraphs (b) and (c) remove the

phrase ‘‘The following entities will not

be required to contribute on the basis of

revenues derived from the provision of

interstate telecommunications’’ and

add, in its place, ‘‘The following entities

will not be required to contribute to

universal service’’ and in line 9 of

paragraphs (b) and (c) remove the

phrase ‘‘of video programming’’ after the

word ‘‘broadcasters’’.

17. On page 2132, in the second

column, in § 54.703, in paragraph (c), in

line 9, remove the comma before

‘‘systems integrators’’ and add in its

place, a semi-colon.

Federal Communications Commission.

Lisa Gelb,

Chief, Accounting Policy Division.

[FR Doc. 98–13239 Filed 6–18–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Parts 213, 219, 252, and 253

[DFARS Case 90–D011]

Defense Federal Acquisition

Regulation Supplement; Direct Award

of 8(a) Contracts

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 a Memorandum

of Understanding (MOU) dated May 6,

1998, between the Small Business

Administration (SBA) and DoD. The

MOU streamlines the processing

procedures for contract awards under

the SBA’s 8(a) Program.

DATES: Effective date: June 19, 1998.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before August 18, 1998, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Sandra G. Haberlin, 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 98–D011 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 98–D011 in the subject line.

FOR FURTHER INFORMATION CONTACT:

Ms. Sandra G. Haberlin, (703) 601–0131.

SUPPLEMENTARY INFORMATION:

A. Background

The SBA’s 8(a) Program, named for

the section of the Small Business Act

(Pub. L. 85–536, as amended) which it

implements, helps small disadvantaged

businesses compete for Federal

contracts. The program authorizes the

SBA to enter into all types of contracts

with other agencies and award

subcontracts for performing these

contracts to firms eligible for program

participation. The SBA’s subcontractors

are referred to as ‘‘8(a) contractors.’’

Section 8(a) requires the SBA to

function as an intermediary for 8(a)

contracts, but permits the SBA to

delegate its authority through special

agreements. One such agreement is the

Memorandum of Understanding dated

May 6, 1998, between SBA and DoD.

The MOU streamlines the processing

procedures for contract awards under

the SBA’s 8(a) Program by authorizing

DoD to award contracts directly to 8(a)

contractors; by reducing SBA’s response

time to a DoD offering and for making

an eligibility determination; and by

providing a number of other changes to

procurement procedures under the 8(a)

Program. This interim rule amends Parts

213, 219, 252, and 253 of the DFARS to

implement the MOU.

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 only affects the

administrative process established for

award of 8(a) contracts. 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 subparts

also will be considered in accordance

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

should be submitted separately and

should cite 5 U.S.C. 601, et seq. (DFARS

Case 98–D011), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose any information collection

requirements that require Office of

Management and Budget approval

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 action is necessary to

implement a MOU dated May 6, 1998,

between the SBA and DoD. The MOU

streamlines the processing procedures

for contract awards under the SBA’s 8(a)
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33587

Program by authorizing DoD to award

contracts directly to 8(a) concerns; by

reducing SBA’s response times; and by

providing a number of other changes to

procurement procedures under the 8(a)

Program. However, 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 Parts 213,

219, 252, and 253

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 213, 219, 252,

and 253 are amended as follows:

1. The authority citation for 48 CFR

parts 213, 219, 252, and 253 continues

to read as follows:

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

Chapter 1.

PART 213—SIMPLIFIED ACQUISITION

PROCEDURES

2. Subpart 213.70 is added to read as

follows:

Subpart 213.70—Simplified Acquisition

Procedures Under the 8(a) Program

Sec.

213.7001 Policy.

213.7002 Procedures.

213.7003 Purchase orders.

213.7003–1 Obtaining contractor

acceptance and modifying purchase

orders.

213.7003–2 Contract clauses.

Subpart 213.70—Simplified Acquisition

Procedures Under the 8(a) Program

213.7001 Policy.

For sole source acquisitions under the

8(a) Program, contracting officers may

use the procedures established in the

Memorandum of Understanding cited in

219.800.

213.7002 Procedures.

For acquisitions that are otherwise

appropriate to be conducted using

procedures set forth in this part, and

also eligible for the 8(a) Program,

contracting officers may use—

(1)(i) For sole source purchase orders

not exceeding the simplified acquisition

threshold, the procedures in 219.804–

2(2); or

(ii) For other types of acquisitions, the

procedures in subpart 219.8, excluding

the procedures in 219.804–2(2); or

(2) The procedures for award to the

Small Business Administration in FAR

subpart 19.8.

213.7003 Purchase orders

213.7003–1 Obtaining contractor

acceptance and modifying purchase orders.

The contracting officer need not

obtain a contractor’s written acceptance

of a purchase order or modification of

a purchase order for an acquisition

under the 8(a) Program pursuant to

219.804–2(2).

213.7003–2 Contract clauses.

Use the clauses prescribed in

219.811–3(1) and (3) for purchase orders

under the 8(a) Program pursuant to the

Memorandum of Understanding cited in

219.800.

PART 219—SMALL BUSINESS

PROGRAMS

3. Section 219.800 is added to read as

follows:

219.800 General.

(a) By Memorandum of

Understanding (MOU) dated May 6,

1998, between the Small Business

Administration (SBA) and the

Department of Defense (DoD), the SBA

delegated to the Under Secretary of

Defense for Acquisition and Technology

its authority under paragraph 8(a)(1)(A)

of the Small Business Act (5 U.S.C.

637(a)) to enter into 8(a) prime

contracts, and its authority under

paragraph 8(a)(1)(B) of the Small

Business Act to award the performance

of those contracts to eligible 8(a)

Program participants. Consistent with

the provisions of this subpart, this

authority is hereby redelegated to DoD

contracting officers within the United

States, its territories and possessions,

Puerto Rico, the Trust Territory of the

Pacific Islands, and the District of

Columbia, to the extent that it is

consistent with any dollar or other

restrictions established in individual

warrants. This authority is being

delegated and redelegated on a pilot test

basis and shall expire on May 5, 2001.

Notwithstanding this MOU, contracting

officers may elect to award the contract

pursuant to the provisions of FAR

subpart 19.8.

(b) Awards under the MOU may be

awarded directly to the 8(a) participant

on either a sole source or competitive

basis.

(c) Contracts awarded under the MOU

may be awarded directly to the 8(a)

participant. An SBA signature on the

contract is not required.

4. Sections 219.804–2, 219.804–3,

219.805, 219.805–2, 219.806, 219.808,

219.808–1, 219.811, 219.811–1,

219.811–2, 219.811–3, and 219.812 are

added to read as follows:

219.804–2 Agency offering.

(1) For requirements processed under

the MOU cited in 219.80 (but see

paragraph (2) of this subsection for

procedures related to purchase orders

that do not exceed the simplified

acquisition threshold), the notification

to the SBA shall clearly indicate that the

requirement is being processed under

the MOU. All notifications should be

submitted in writing, using facsimile or

electronic mail, when possible, and

shall specify that—

(i) Under the MOU, an SBA

acceptance or rejection of the offering is

required within 5 working days of

receipt of the offering; and

(ii) (A) For sole source requirements,

an SBA acceptance shall include a size

verification and a determination of the

8(a) firm’s eligibility, and, upon

acceptance, the contracting officer will

solicit a proposal, conduct negotiations,

and make award directly to the 8(a)

firm; or

(B) For competitive requirements,

upon acceptance, the contracting officer

will solicit offers, conduct source

selection, and, upon receipt of an

eligibility verification, award a contract

directly to the selected 8(a) firm.

(2) Under the MOU cited in 219.800,

no separate agency offering or SBA

acceptance is needed for requirements

that are issued under purchase orders

that do not exceed the simplified

acquisition threshold. After an 8(a)

contractor has been identified, the

contracting officer shall establish the

prices, terms, and conditions with the

8(a) contractor and shall prepare a

purchase order consistent with the

procedures in part 213 and FAR part 13,

including the applicable clauses

required by this subpart. No later than

the day that the purchase order is

provided to the 8(a) contractor, the

contracting officer shall provide to the

cognizant SBA Business Opportunity

Specialist, using facsimile or electronic

mail—

(i) A copy of the purchase order; and

(ii) A notice stating that the purchase

order is being processed under the

MOU. The notice also shall indicate that

the 8(a) contractor will be deemed

eligible for award and will

automatically begin work under the

purchase order unless, within 2 working

days after SBA’s receipt of the purchase

order, the 8(a) contractor and the

contracting officer are notified that the

8(a) contractor is ineligible for award.

219.804–3 SBA acceptance.

For requirements processed under the

MOU cited in 219.800, SBA’s

acceptance is required within 5 working

days (but see 219.804–2(2) for purchase
33588 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

orders that do not exceed the simplified

acquisition threshold).

219.805 Competitive 8(a).

219.805–2 Procedures.

(c) For requirements processed under

the MOU cited in 219.800—

(i) For sealed bid and negotiated

acquisitions, the SBA will determine the

eligibility of the firms and will advise

the contracting officer within 2 working

days after its receipt of a request for an

eligibility determination; and

(ii) For negotiated acquisitions, the

contracting officer may submit a request

for an eligibility determination on as

many as three of the most highly rated

offerors.

219.806 Pricing the 8(a) contract.

For requirements processed under the

MOU cited in 219.800—

(1) The contracting officer shall obtain

cost or pricing data from the 8(a)

contractor, if required by FAR subpart

15.4; and

(2) SBA concurrence in the negotiated

price is not required. However, except

for purchase orders not exceeding the

simplified acquisition threshold, the

contracting officer shall notify the SBA

prior to withdrawing a requirement

from the 8(a) Program due to failure to

agree on price or other terms and

conditions.

219.808 Contract negotiations.

219.808–1 Sole source.

For requirements processed under the

MOU cited in 219.800—

(1) The agency may negotiate directly

with the 8(a) contractor. The contracting

officer is responsible for initiating

negotiations;

(2) The 8(a) contractor is responsible

for negotiating within the time

established by the contracting officer;

(3) If the 8(a) contractor does not

negotiate within the established time

and the agency cannot allow additional

time, the contracting officer may, after

notifying the SBA, proceed with the

acquisition from other sources;

(4) If requested by the 8(a) contractor,

the SBA may participate in negotiations;

and

(5) SBA approval of the contract is not

required.

219.811 Preparing the contracts.

219.811–1 Sole source.

(a) Awards under the MOU cited in

219.800 may be made directly to the 8(a)

contractor and, except as provided in

paragraph (b) of this subsection and in

219.811–3, award documents shall be

prepared in accordance with procedures

established for non-8(a) contracts, using

any otherwise authorized award forms.

The ‘‘Issued by’’ block shall identify the

awarding DoD contracting office. The

contractor’s name and address shall be

that of the 8(a) participant.

(b) Use the following alternative

procedures for direct awards made

under the MOU cited in 219.800:

(i) Cite 10 U.S.C. 2304(c)(5) as the

authority for use of other than full and

open competition;

(ii) Include the clause at 252.219–

7009, which allows for direct award to

the 8(a) contractor, and identify the

cognizant SBA district office for the 8(a)

contractor;

(iii) No SBA contract number is

required; and

(iv) Do not require an SBA signature

on the award document.

219.811–2 Competitive.

Awards made under the MOU cited in

219.800 shall be prepared in accordance

with 219.811–1.

219.811–3 Contract clauses.

(1) Use the clause at 252.219–7009,

Section 8(a) Direct Award, instead of the

clauses at FAR 52.219–11, Special 8(a)

Contract Conditions, FAR 52.219–12,

Special 8(a) Subcontract Conditions,

and FAR 52.219–17, Section 8(a)

Award, in solicitations and contracts

processed in accordance with the MOU

cited in 219.800.

(2) Use the clause at FAR 52.219–18,

Notification of Competition Limited to

Eligible 8(a) Concerns, with 252.219–

7010, Alternate A, in solicitations and

contracts processed in accordance with

the MOU cited in 219.800.

(3) Use the clause at 252.219–7011,

Notification to Delay Performance, in

solicitations and purchase orders issued

in accordance with 219.804–2(2).

219.812 Contract administration.

(d) Awards under the MOU cited in

219.800 are subject to Section 407 of

Pub. L. 100–656. These contracts

include the clause at 252.219–7009,

Section 8(a) Direct Award, which

requires the 8(a) contractor to notify the

SBA and the contracting officer when

ownership of the firm is being

transferred.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

5. Sections 252.219–7009, 252.219–

7010, and 252.219–7011 are added to

read as follows:

252.219–7009 Section 8(a) Direct Award.

As prescribed in 219.811–3(1), use the

following clause:

Section 8(a) Direct Award (Jun 1998)

(a) This contract is issued as a direct award

between the contracting office and the 8(a)

Contractor pursuant to the Memorandum of

Understanding dated May 6, 1998, between

the Small Business Administration (SBA)

and the Department of Defense. Accordingly,

the SBA is not a party to this contract. SBA

does retain responsibility for 8(a)

certification, for 8(a) eligibility

determinations and related issues, and for

providing counseling and assistance to the

8(a) Contractor under the 8(a) Program. The

cognizant SBA district office is:

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

[To be completed by the Contracting Officer

at the time of award]

(b) The contracting office is responsible for

administering the contract and for taking any

action on behalf of the Government under the

terms and conditions of the contract;

provided that the contracting office shall give

advance notice to the SBA before it issues a

final notice terminating performance, either

in whole or in part, under the contract. The

contracting office also shall coordinate with

the SBA prior to processing any novation

agreement. The contracting office may assign

contract administration functions to a

contract administration office.

(c) The Contractor agrees that—

(1) It will notify the Contracting Officer,

simultaneous with its notification to the SBA

(as required by SBA’s 8(a) regulations at 13

CFR 124.308), when the owner or owners

upon whom 8(a) eligibility is based plan to

relinquish ownership or control of the

concern. Consistent with Section 407 of Pub.

L. 100–656, transfer of ownership or control

shall result in termination of the contract for

convenience, unless the SBA waives the

requirement for termination prior to the

actual relinquishing of ownership and

control; and

(2) It will not subcontract the performance

of any of the requirements of this contract

without the prior written approval of the

SBA and the Contracting Officer.

(End of clause)

252.219–7010 Alternate A.

Alternate A (Jun 1998)

As prescribed in 219.811–3(2),

substitute the following paragraph (c)

for paragraph (c) of the clause at FAR

52.219–18:

(c) Any award resulting from this

solicitation will be made directly by the

Contracting Officer to the successful 8(a)

offeror selected through the evaluation

criteria set forth in this solicitation.

252.219–7011 Notification to Delay

Performance.

As prescribed in 219.811-3 (3), use the

following clause NOTIFICATION TO DELAY

PERFORMANCE (JUN 1998)

The Contractor shall not begin performance

under this purchase order until 2 working

days have passed from the date of its receipt.

Unless the Contractor receives notification

from the Small Business Administration that
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