20252 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

IV. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

2. Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State or Tribal AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific State or Tribe, not by OSM.

Decisions on proposed State or Tribal

AMLR plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribe

AMLR plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon Federal regulations for which an

economic analysis was prepared and

certification made that such regulations

would not have a significant economic

effect upon a substantial number of

small entities. Accordingly, this rule

will ensure that existing requirements

established by SMCRA or previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 19, 1995.

Russell F. Price,

Acting Assistant Director , Western Support

Center.

[FR Doc. 95–10168 Filed 4–24–95; 8:45 am]

BILLING CODE 4310–05–M

OFFICE OF MANAGEMENT AND

BUDGET

Office of Federal Procurement Policy

48 CFR Part 9903

Cost Accounting Standards Board;

Changes in Cost Accounting Practices

AGENCY: Cost Accounting Standards

Board, Office of Federal Procurement

Policy, OMB.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Cost Accounting

Standards Board (CASB) invites

coverage comments on proposed

amendments to the regulatory

provisions contained in Chapter 99 of

Title 48. The proposed amendments

would revise the current definitions and

illustrations governing changes in cost

accounting practices. Also proposed is

the addition of a new Subpart to clarify

the process for determining and

resolving the cost impact on covered

contract prices and/or contract costs

when a contractor makes a change to its

cost accounting practices, fails to

comply with a Cost Accounting

Standard (CAS) or fails to consistently

follow its established cost accounting

practices.

DATES: Requests for a copy of the

proposed amendments must be in

writing and must be received by June

26, 1995. Comments must be in writing

and must be received by July 10, 1995.

ADDRESSES: Requests for a copy of the

proposed amendments or comments

pertaining to this Advance Notice of

Proposed Rulemaking (ANPRM) should

be addressed to Mr. Rudolph J.

Schuhbauer, Project Director, Cost

Accounting Standards Board, Office of

Federal Procurement Policy, 725 17th

Street, NW, Room 9001, Washington,

DC 20503. Attn: CASB Docket No. 93–

01A.

FOR FURTHER INFORMATION CONTACT:

Rudolph J. Schuhbauer, Project Director,

Cost Accounting Standards Board

(telephone 202–395–3254).

SUPPLEMENTARY INFORMATION:

A. Regulatory Process

The Cost Accounting Standards

Board’s rules and regulations are

codified at 48 CFR Chapter 99. Section

26(g)(1) of the Office of Federal

Procurement Policy Act, 41 U.S.C.

§ 422(g)(1), requires that the Board, prior

to the promulgation of any new or

revised Cost Accounting Standard,

complete a prescribed rulemaking

process. This process consists of the

following four steps:

1. Consult with interested persons

concerning the advantages,

disadvantages and improvements

anticipated in the pricing and

administration of government contracts

as a result of a proposed Standard.

2. Promulgate an Advance Notice of

Proposed Rulemaking.

3. Promulgate a Notice of Proposed

Rulemaking.

4. Promulgate a Final Rule.

This proposal is step two in the four

step process.

B. Summary of Proposed Rule

In response to the Cost Accounting

Standards Board’s solicitation of agenda

items, several commenters identified the

Board’s regulatory coverage on ‘‘changes

in cost accounting practice’’ as a

potential agenda item. The commenters

advised the Board that industry and

Government officials are interpreting

the regulatory coverage differently and

often disagree on whether a particular

change made in a contractor’s

organizational structure did or did not

result in a change in cost accounting

practice. The Board, after review and

extended discussions of the issues

associated with the proposed topic,

identified Organizational Changes and

Changes In Cost Accounting Practices as

a topic on which a research project

should be started.

On April 9, 1993, the CASB published

a notice in the Federal Register, 58 FR

18428, requesting public comments

from interested parties concerning a

Staff Discussion Paper on that topic.

The purpose of the Staff Discussion

Paper was to solicit public views

concerning the advantages,

disadvantages and improvements

anticipated if the Board were to
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules 20253

promulgate more explicit provisions on

whether organizational changes made

by contractors do or do not result in cost

accounting practice changes.

After consideration of the public

comments received, the Board

concluded that contractors and Federal

officials appear to be interpreting the

Board’s rules and regulations governing

changes in cost accounting practice

under CAS-covered contracts

differently. Furthermore, the contract

price and cost adjustment provisions

governing cost accounting practice

changes under CAS-covered contracts

do not appear to be clearly understood

and, consequently, some inefficient,

uneconomical and possibly inequitable

practices may have evolved as the

contracting parties proceeded to comply

with the Board’s requirements.

Therefore, the Board is proposing to

amend Chapter 99 by:

Revising the definitions and

illustrations governing cost accounting

practice changes, for purposes of

making it explicit that a change in the

manner in which costs are grouped and

accumulated constitutes a change in

cost accounting practice and that

organizational changes must be

evaluated on a case-by-case basis in

order to determine if a change in cost

accounting practice has occurred.

Adding a new Subpart 9903.4 to

delineate the contract price and cost

adjustment process to be applied when

a contractor changes a cost accounting

practice, fails to comply with a

Standard, or fails to consistently follow

its established cost accounting practices.

The proposed coverage is intended to

facilitate the resolution of the cost

impact of such compliant and

noncompliant cost accounting practice

changes under the requirements of

existing and future CAS-covered

contracts. Accordingly, when issued as

a final rule, the proposed Subpart

9903.4 provisions would apply to all

CAS-covered contracts requiring

adjustment, including those CAScovered contracts awarded prior to the

effective date of the final rule.

The purpose of this ANPRM is to seek

broad public comment concerning the

proposed amendments. In particular,

the Board is considering the

establishment of certain new

requirements that it believes would

clarify and facilitate the overall cost

impact process governing cost

accounting practice changes.

Accordingly, the Board invites

interested parties to specifically

comment on the following ANPRM

provisions:

—Proposed 9903.201–4, in paragraphs

(a)(4) of the proposed contract

clauses, includes new provisions

requiring a contractor to agree to price

adjustments if its CAS-covered

subcontractors make required,

voluntary or desirable changes to their

cost accounting practices pursuant to

the subcontracts’ terms and

conditions.

—Proposed 9903.201–6(b) establishes

new criteria for determining when a

voluntary change in cost accounting

practice may be treated as a desirable

change.

—Proposed 9903.404(b)(ii)(A) requires

CAS-covered contractors to notify the

Government of and fully disclose cost

accounting practice changes required

to comply with a new or modified

Standard 60 days prior to the

Standard’s effective date. This

requirement is predicated on the

Board’s decision that final rules will

generally be issued 120 days prior to

the effective date of a new or modified

Standard.

—Proposed 9903.404(b)(ii)(B)

establishes new notification

requirements for voluntary and

desirable changes.

—Proposed 9903.404(b)(vi) provides a

new equitable adjustment provision

for contracts negotiated within 60

days after a contractor notifies the

Government of a voluntary change

that would otherwise be subject to a

CAS-covered contract’s ‘‘no increased

cost’’ provision.

—Proposed 9903.404(e) provides for the

use of a cost impact settlement

proposal that would permit early

resolution of the estimated cost

impact in lieu of the use of a detailed

cost impact proposal.

Richard C. Loeb,

Executive Secretary, Cost Accounting

Standards Board.

[FR Doc. 95–10071 Filed 4–24–95; 8:45 am]

BILLING CODE 3110–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 675 and 677

[Docket No. 95041405–5105–01; I.D.

033095A]

RIN 0648–AH69

Groundfish of the Bering Sea and

Aleutian Islands Area; Chum Salmon

Savings Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations

that would implement Amendment 35

to the Fishery Management Plan (FMP)

for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area (BSAI).

This amendment proposes to prohibit

the use of trawl gear in a specified area

of the Bering Sea (BS) during the

pollock nonroe season. Regulatory

amendments also are proposed that

would increase 1995 observer coverage

for mothership processor vessels, and

some shoreside processors receiving

pollock harvested in the catcher vessel

operational area (CVOA) and require the

mothership processor vessels and

shoreside processors to obtain the

capability for electronic transmission of

daily observer reports. This action is

necessary to reduce chum salmon

bycatch amounts in the pollock fishery

and is intended to promote the

objectives of the FMP.

DATES: Comments must be submitted by

June 5, 1995.

ADDRESSES: Comments may be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK,

99802, Attn: Lori Gravel, or delivered to

the Federal Building, 709 West 9th

Street, Juneau, AK. Copies of

Amendment 35 and the environmental

assessment/regulatory impact review/

initial regulatory flexibility analysis

(RIR/IRFA) prepared for Amendment 35

are available from the North Pacific

Fishery Management Council, P.O. Box

103136, Anchorage, AK 99510;

telephone: 907–271–2809.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION: Fishing

for groundfish by U.S. vessels in the

exclusive economic zone of the BSAI is

managed by NMFS according to the

FMP for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area.

The FMP was prepared by the North

Pacific Fishery Management Council

(Council) under the Magnuson Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.) (Magnuson Act),

and is implemented by regulations

governing the U.S. groundfish fisheries

at 50 CFR parts 675 and 676. General

regulations that also pertain to U.S.

fisheries are codified at 50 CFR part 620.

Regulations governing observer coverage

requirements for specified U.S. fisheries

under the North Pacific Fisheries

Research Plan (Research Plan) are

codified at 50 CFR part 677.

This action proposes regulations to

implement Amendment 35 to the FMP.