40374 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

Channel 263A can be allotted at

Hermiston at Station KQFM(FM)’s

presently licensed site. The coordinates

for Channel 263A are North Latitude

45–51–57 and West Longitude 119–18–

45. In addition, Channel 258C can be

allotted to Pullman without the

imposition of a site restriction, at

Station KZZL–FM’s requested site. The

coordinates for Channel 258C are North

Latitude 46–40–29 and West Longitude

116–58–19. Since Pullman is located

within 320 kilometers (200 miles) of the

U.S–Canadian border, Canadian

concurrence has been obtained. With

this action, this proceeding terminated.

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

continues to read 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 Washington, is

amended by removing Channel 256C3

and adding Channel 256C2 at Walla

Walla; and by removing Channel 258C1

and adding Channel 258C at Pullman.

§ 73.303 [Amended]

3. Section 73.303(b), the Table of FM

Allotments under Oregon, is amended

by removing Channel 257A and adding

Channel 263A at Hermiston.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–19906 Filed 7–28–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 242

[DFARS Case 97–D012]

Defense Federal Acquisition

Regulation Supplement; Contractor

Insurance/Pension Reviews

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise guidance pertaining

to the conduct of Contractor Insurance/

Pension Reviews (CIPRs). The rule

clarifies requirements for conducting a

CIPR, eliminates the requirement to

conduct a CIPR at least every 2 years,

and requires the performance of a

special CIPR under certain

circumstances.

EFFECTIVE DATE: July 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Rick Layser, Defense Acquisition

Regulations Council, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0131; telefax (703)

602–0350. Please cite DFARS Case 97–

D012.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule revises the guidance in

DFARS Subpart 242.73 pertaining to the

conduct of CIPRs. A proposed rule was

published in the Federal Register on

August 20, 1997 (62 FR 44249). Ten

respondents submitted comments on the

proposed rule. All comments were

considered in the development of the

final rule.

B. Regulatory Flexibility Act

The Department of Defense certifies

that this final rule will not 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 applies only to

contractors whose annual qualifying

sales to the Government exceed $40

million, and no small entities are known

to meet this criterion.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the final 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.

List of Subjects in 48 CFR Part 242

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 242 is

amended as follows:

1. The authority citation for 48 CFR

Part 242 continues to read as follows:

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

Chapter 1.

PART 242—CONTRACT

ADMINISTRATION

2. Sections 242.7301 and 242.7303 are

revised to read as follows:

242.7301 General.

(a) The administrative contracting

officer (ACO) is responsible for

determining the allowability of

insurance/pension costs in Government

contracts. Defense Logistics Agency

(DLA) insurance/pension specialists and

Defense Contract Audit Agency (DCAA)

auditors assist ACOs in making these

determinations by conducting CIPRs.

(1) A CIPR is an in-depth evaluation

of a contractor’s—

(i) Insurance program;

(ii) Pension plans;

(iii) Other deferred compensation

plans; and

(iv) Related policies, procedures,

practices, and costs.

(2) A special CIPR is a joint DLA/

DCAA review that concentrates on

specific areas of the contractor’s

insurance program, pension plan, or

other deferred compensation plan.

(b) DLA is the DoD Executive Agency

for the performance of all CIPRs

conducted under 242.7302.

242.7302 Requirements.

(a)(1) A CIPR shall be conducted only

when—

(i) A contractor has $40 million of

qualifying sales to the Government

during the contractor’s preceding fiscal

year; and

(ii) The ACO, with advice from DLA

insurance/pension specialists and

DCAA auditors, determines a CIPR is

needed based on a risk assessment of

the contractor’s past experience and

current vulnerability.

(2) Qualifying sales are sales for

which cost or pricing data were required

under 10 U.S.C. 2306a, as implemented

in FAR 15.403, or that are contracts

priced on other than a firm-fixed-price

or fixed-price with economic price

adjustment basis. Sales include prime

contracts, subcontracts, and

modifications to such contracts and

subcontracts.

(b) A special CIPR shall be performed

for a contractor (including, but not

limited to, a contractor meeting the

requirements in paragraph (a) of this

section) when any of the following

circumstances exists, but only if the

circumstance(s) may result in a material

impact on Government contract costs:

(1) Information reveals a deficiency in

the contractor’s insurance/pension

program.

(2) The contractor proposes or

implements changes in its insurance,

pension, or deferred compensation

plans.

(3) The contractor is involved in a

merger, acquisition, or divestiture.

(4) The Government needs to follow

up on contractor implementation of

prior CIPR recommendations.
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40375

(c) The DCAA auditor shall use

relevant findings and recommendations

of previously performed CIPRs in

determining the scope of any audits of

insurance and pension costs.

(d) When a Government organization

believes that a review of the contractor’s

insurance/pension program should be

performed, that organization should

provide a recommendation for a review

to the ACO. If the ACO concurs, the

review should be performed as part of

an ACO-initiated special CIPR or as part

of a CIPR already scheduled for the near

future.

242.7303 Responsibilities.

(a) The ACO is responsible for—

(1) Determining the need for a CIPR

under 242.7302;

(2) Requesting and scheduling the

reviews with the appropriate DLA

activity;

(3) Notifying the contractor of the

proposed date and purpose of the

review, and obtaining any preliminary

data needed by the DLA insurance/

pension specialist or the DCAA auditor;

(4) Reviewing the CIPR report,

advising the contractor of the

recommendations contained therein,

considering contractor comments, and

rendering a decision on those

recommendations;

(5) providing other interested

contracting officers copies of documents

related to the CIPR;

(6) Ensuring adequate follow-up on all

CIPR recommendations; and

(7) Performing contract administration

responsibilities related to Cost

Accounting Standards administration as

described in FAR Subparts 30.2 and

30.6.

(b) The DLA insurance/pension

specialist is responsible for—

(1) Preparing and maintaining the

schedule of CIPRs to be performed

during the next 12 months and

providing the military departments and

DCAA a copy of the schedule;

(2) Issuing a technical report on the

contractor’s insurance/pension plans for

incorporation into the final CIPR report

based on an analysis of the contractor’s

pension program, insurance program,

and other related data;

(3) Leading the team that conducts the

review. Another individual may serve as

the team leader when both the

insurance/pension specialist and the

individual agree. The team leader is

responsible for—

(i) Maintaining complete

documentation for CIPR reports;

(ii) To the extent possible, resolving

discrepancies between audit reports and

CIPR draft reports prior to releasing the

final CIPR report;

(iii) Preparing and distributing the

final CIPR report;

(iv) Providing the final audit report

and/or the insurance/pension

specialist’s report as an attachment to

the CIPR report; and

(v) Preparing a draft letter for the

administrative contracting officer’s use

in notifying the contractor of CIPR

results; and

(4) When requested, advising

administrative contracting officers and

other Government representatives

concerning contractor insurance/

pension matters.

(c) The DCAA auditor is responsible

for—

(1) Participating as a member of the

CIPR team or serving as the team leader

(see paragraph (b)(3) of this section);

(2) Issuing an audit report for

incorporation into the final CIPR report

based on an analysis of the contractor’s

books, accounting records, and other

related data; and

(3) Performing contract audit

responsibilities related to Cost

Accounting Standards administration as

described in FAR Subparts 30.2 and

30.6.

[FR Doc. 98–20187 Filed 7–28–98; 8:45am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 980717183–8183–01; I.D.

070298D]

RIN 0648–AK35

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Little Tunny Exempted Gillnet

Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; request for

comments.

SUMMARY: NMFS issues this final rule to

modify the regulations implementing

the Northeast Multispecies Fishery

Management Plan (FMP). This rule

establishes a seasonal exempted gillnet

fishery for little tunny (Euthynnus

alleteratus) in a portion of the Southern

New England (SNE) Regulated Mesh

Area. In addition, in accordance with

NMFS regulations related to issuance of

exempted fishing permits (EFPs), NMFS

requests comments on the issuance of

EFPs to retain Atlantic bonito as an

allowable incidental species in the little

tunny fishery. The intent of this action

is to provide an additional fishing

opportunity consistent with the

conservation objectives of the FMP.

DATES: Effective July 24, 1998.

Comments must be received on or

before August 10, 1998.

ADDRESSES: Copies of the

Environmental Assessment supporting

the little tunny exemption may be

obtained from Jon Rittgers, Acting

Regional Administrator, Northeast

Region, NMFS, One Blackburn Drive,

Gloucester, MA 01930.

Comments regarding the burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to the Acting Regional

Administrator and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

Requests for exempted fishing permits

for retention of bonito as an allowable

incidental species should be sent to the

Highly Migratory Species (HMS)

Division, Office of Sustainable

Fisheries, One Blackburn Drive,

Gloucester, MA 01930, telephone (978)

281–9260.

Requests for letters of authorization to

fish for little tunny should be sent to the

Sustainable Fisheries Division, One

Blackburn Drive, Gloucester, MA 01930,

telephone (978) 281–9370.

Requests for reporting forms for

marine mammal interactions and

registration forms for Authorization

Certificates should be sent to the Acting

Regional Administrator, ATTN: Sandra

Arvilla, telephone (978) 281–9264.

FOR FURTHER INFORMATION CONTACT:

Bonnie L. VanPelt, Fishery Management

Specialist, 978–281–9244.

SUPPLEMENTARY INFORMATION: The

procedure for adding, modifying, or

deleting exempted fisheries is found in

§ 648.80. Additions, deletions or

modifications to the list of exempted

fisheries may be made by the

Administrator, Northeast Region, NMFS

(Regional Administrator) after

consultation with the New England

Fishery Management Council (Council),

if the Regional Administrator

determines, based on available data or

information, that the percentage of

regulated species caught as bycatch is,

or can be reduced to, less than 5 percent

by weight of the total catch and that

such exemption will not jeopardize the

stock rebuilding objectives of the FMP.

The Regional Administrator may impose

specific gear, area, seasonal, or other