22302 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

and has a student enrollment that consists of

at least 20 percent:

(i) Hispanic Americans, i.e., students

whose origins are in Mexico, Puerto Rico,

Cuba, or Central or South America, or any

combination thereof, or

(ii) Native Americans, i.e., American

Indians, Eskimos, Aleuts, and Native

Hawaiians, or any combination thereof;

(2) Institutions of higher learning

determined to be Historically Black Colleges

and Universities by the Secretary of

Education pursuant to 34 CFR 608.2; and

(3) Small business concerns, as defined

under section 3 of the Small Business Act (15

U.S.C. 632), that are owned and controlled by

individuals who are both socially and

economically disadvantaged within the

meaning of section 8(d) of the Small Business

Act (15 U.S.C. 637(d)) or by a woman or

women.

(b) Obligation. In addition to its obligations

under the clause of this contract entitled

Utilization of Small Business Concerns and

Small Disadvantaged Business Concerns, the

contractor, in performance of this contract,

agrees to provide its best efforts to

competitively award subcontracts to entities

from among the Energy Policy Act target

groups.

(End of clause)

952.226–72 Energy Policy Act

subcontracting goals and reporting

requirements.

As prescribed in 926.7007(c), insert

the following clause:

Energy Policy Act Subcontracting Goals and

Reporting Requirements (May 1995)

(a) Definition.—Energy Policy Act target

groups, as used in this provision means:

(1) An institution of higher education that

meets the requirements of 34 CFR 600.4(a),

and has a student enrollment that consists of

at least 20 percent:

(i) Hispanic Americans, i.e., students

whose origins are in Mexico, Puerto Rico,

Cuba, or Central or South America, or any

combination thereof, or

(ii) Native Americans, i.e., American

Indians, Eskimos, Aleuts, and Native

Hawaiians, or any combination thereof;

(2) Institutions of higher learning

determined to be Historically Black Colleges

and Universities by the Secretary of

Education pursuant to 34 CFR 608.2; and

(3) Small business concerns, as defined

under section 3 of the Small Business Act (15

U.S.C. 632), that are owned and controlled by

individuals who are both socially and

economically disadvantaged within the

meaning of section 8(d) of the Small Business

Act (15 U.S.C. 637(d)) or by a woman or

women.

(b) Goals. The contractor, in performance

of this contract, agrees to provide its best

efforts to award subcontracts to the following

classes of entities:

(1) Small business concerns controlled by

socially and economically disadvantaged

individuals or by women: * * * percent;

(2) Historically Black colleges and

universities: * * * percent;

(3) Colleges or universities having a

student body in which more than 20 percent

of the students are Hispanic Americans or

Native Americans: * * * percent.

[* * * These goals are stated in a

percentage reflecting the relationship of

estimated award value of subcontracts to the

value of this contract and appear elsewhere

in this contract.]

(c) Reporting requirements. (1) The

contractor agrees to report, on an annual

Federal Government fiscal year basis, its

progress against the goals by providing the

actual annual dollar value of subcontract

payments for the preceding 12-month period,

and the relationship of those payments to the

incurred contract costs for the same period.

Reports submitted pursuant to this clause

must be received by the contracting officer

(or designee) not later than 45 days after the

end of the reporting period.

(2) If the contract includes reporting

requirements under FAR 52.219–9, Small

Business and Small Disadvantaged Business

Subcontracting Plan, the contractor’s

progress against the goals stated in paragraph

(b) of this clause shall be included as an

addendum to Standard Form (SF) 294,

Subcontracting Report for Individual

Contracts, and/or SF 295, Summary

Subcontract Report, as applicable, for the

period that corresponds to the end of the

Federal Government fiscal year.

(End of clause)

952.226–73 Energy Policy Act target group

certification.

As prescribed in 926.7007(d), insert

the following provision:

Energy Policy Act Target Group Certification

(May 1995)

(a) Certification. The offeror certifies that it

is:

(1) llAn institution of higher education

that meets the requirements of 34 CFR

600.4(a), and has a student enrollment that

consists of at least 20 percent:

(i) Hispanic Americans, i.e., students

whose origins are in Mexico, Puerto Rico,

Cuba, or Central or South America, or any

combination thereof, or

(ii) Native Americans, i.e., American

Indians, Eskimos, Aleuts, and Native

Hawaiians, or any combination thereof;

(2) llAn institution of higher learning

determined to be a Historically Black College

and University by the Secretary of Education

pursuant to 34 CFR 608.2; or

(3) llA small business concern, as

defined under section 3 of the Small

Business Act (15 U.S.C. 632), that is owned

and controlled by individuals who are both

socially and economically disadvantaged

within the meaning of section 8(d) of the

Small Business Act (15 U.S.C. 637(d)) or by

a woman or women.

(b) By submission of an offer, the offeror

agrees to provide to the Contracting Officer,

upon request, evidence satisfactory to the

contracting officer that the offeror is an entity

from the Energy Policy Act target group

identified.

(End of provision)

PART 970—DOE MANAGEMENT AND

OPERATING CONTRACTS [AMENDED]

4. The authority citation for Part 970

continues to read as follows:

Authority: Sec. 161 of the Atomic Energy

Act of 1954 (42 U.S.C. 2201), sec. 644 of the

Department of Energy Organization Act,

Public Law 95–91 (42 U.S.C. 7254), sec. 201

of the Federal Civilian Employee and

Contractor Travel Expenses Act of 1985 (41

U.S.C. 420), and sec. 1534 of the Department

of Defense Authorization Act, 1986, Public

Law 99–145 (42 U.S.C. 7256a), as amended.

5. Part 970 is amended to add a new

subpart 970.26, Other Socioeconomic

Programs, consisting of Section

970.2601, Implementation of Section

3021 of the Energy Policy Act of 1992,

to read as follows:

Subpart 970.26—Other Socioeconomic

Programs

970.2601 Implementation of Section 3021

of the Energy Policy Act of 1992.

The goal requirements of Section 3021

of the Energy Policy Act of 1992, and

the attendant reporting requirements

shall be included in the subcontracting

plan for the management and operating

contract and shall apply to the annual

dollar obligations specifically provided

to the Management and Operating

contractor for competitively awarded

subcontracts that fulfill Energy Policy

Act requirements. See 970.7104–12(f).

Subpart 970.71—Management and

Operating Contractor Purchasing

6. Section 970.7104–12 is amended by

redesignating paragraph (f) as (g) and

adding a new paragraph (f) as follows:

970.7104–12 Small business and small

disadvantaged business concerns.

* * * * *

(f) Management and operating

contractors may provide in their

purchasing systems and methods for the

application of preferences to Energy

Policy Act target groups, taking into

consideration the provisions of 926.70,

Implementation of Section 3021 of the

Energy Policy Act of 1992.

* * * * *

[FR Doc. 95–11167 Filed 5–4–95; 8:45 am]

BILLING CODE 6450–01–P
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22303

INTERSTATE COMMERCE

COMMISSION

49 CFR Parts 1002, 1011, 1160, 1161,

1162 and 1163

[Ex Parte No. 55 (Sub-No. 94); Ex Parte

No. 55 (Sub-No. 86)]

Revision of Application Procedures

and Corresponding Regulations;

Revision of Licensing Application

Forms and Corresponding Regulations

AGENCY: Interstate Commerce

Commission.

ACTION: Policy statement.

SUMMARY: The Commission is

announcing that it no longer will accept

the ‘‘old’’ standard licensing application

form, Authority Application Form OP–1

(Approved by OMB, 3120–0047, Expires

10/1/93), and henceforth will accept

only new Forms OP–1, OP–1(P), OP–

1(W) and OP–1(FF) (Approved by OMB,

3120–0047, Expires 12/97). The

Commission will reject applications

submitted on the ‘‘old’’ form. The

Commission is taking this action in

order for the public and the Commission

to realize the efficiencies available

through use of the shorter and more

accurate new forms.

In addition, the Commission is

announcing that the new forms have

been revised slightly to correct minor

errors and to make them easier for the

public to use. The ‘‘new revised’’ forms

are now available from the Commission.

Because no substantive revisions are

involved, the Commission will continue

to accept both the ‘‘new’’ forms and the

‘‘new revised’’ forms.

EFFECTIVE DATE: This policy statement is

effective June 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Suzanne O’Malley (Office of Public

Assistance) 202–927–7597. [TDD for the

hearing impaired: 202–927–5721.]

SUPPLEMENTARY INFORMATION: In a

decision served December 9, 1994, the

Commission adopted revised

regulations, as well as new forms, to

implement the Trucking Industry

Regulatory Reform Act (TIRRA), Title II

of the Hazardous Materials

Transportation Act Amendments of

1994, Pub.L. 103–311 (August 26, 1994).

The revised regulations (which further

streamline and simplify the licensing

process and establish a new fee

schedule) and the new forms became

effective on January 1, 1995. The new

forms have been available since then;

however, as a transition measure, the

Commission has continued to accept the

old forms. Nevertheless, applications

submitted on the old Form OP–1 have

been processed under the revised

licensing standards and procedures that

took effect on January 1, 1995.

The old forms request a considerable

amount of information that no longer is

relevant to the licensing standards as

revised by TIRRA. Thus, the old forms

are burdensome to the public and the

Commission, which now have had

ample opportunity to become familiar

with the revised forms and procedures.

In order for the public and the

Commission to benefit fully from the

efficiencies offered by the new forms,

the Commission no longer will accept

applications filed on the old form, and

will reject them. The filing fees

accompanying applications filed on old

forms will be returned, along with the

rejected application. In addition, the

Commission will forward two copies of

an appropriate new form to the sender

of the rejected application.

In addition, since January 1, 1995,

when the new forms began to be used,

several minor technical corrections and

improvements to the forms have been

made. The new revised forms are

available from all Commission Regional

Offices and from the Commission’s

Office of Public Assistance in

Washington, DC.

Authority: 5 U.S.C. 553 and 559; 16 U.S.C.

1456; and 49 U.S.C. 10101, 10305, 10321,

10921, 10922, 10923, 10924, 10928, and

11102.

Decided: May 1, 1995.

By the Commission, Vernon A. Williams,

Secretary.

Vernon A. Williams,

Secretary.

[FR Doc. 95–11132 Filed 5–4–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 663

[Docket No. 941265–4365; I.D. 041995A]

Pacific Coast Groundfish Fishery;

Miscellaneous Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of annual

specifications and management

measures, and inseason adjustment of

commercial trip landing and

recreational bag limits.

SUMMARY: NMFS announces

adjustments to the annual specifications

and management measures to increase

the harvest guideline for sablefish and

provide conversion factors for lingcod.

NMFS also announces inseason

adjustments to increase the commercial

trip limits for trawl-caught sablefish and

yellowtail rockfish, and to reduce the

recreational bag limit for rockfish off

Washington State. These actions are

authorized by the Pacific Coast

Groundfish Fishery Management Plan

which governs the harvest of groundfish

in the U.S. exclusive economic zone off

the coasts of Washington, Oregon, and

California. These actions are intended to

correct an error in the calculation for the

sablefish harvest guideline, enable the

1995 harvest guidelines for yellowtail

rockfish and the limited entry allocation

for trawl-caught sablefish to be reached,

to reduce fishing effort in the

recreational fishery for black rockfish off

Washington State, and to accommodate

traditional fishing and marketing

practices in the lingcod fishery.

DATES: Effective May 1, 1995, until the

effective date of the 1996 annual

specifications and management

measures, which will be published in

the Federal Register. Comments will be

accepted until May 17, 1995.

ADDRESSES: Comments on these actions

should be sent to Mr. William Stelle, Jr.,

Director, Northwest Region, National

Marine Fisheries Service, 7600 Sand

Point Way NE., BIN C15700, Bldg. 1,

Seattle, WA 98115–0070; or Ms. Hilda

Diaz-Soltero, Director, Southwest

Region, National Marine Fisheries

Service, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

Information relevant to these actions has

been compiled in aggregate form and is

available for public review during

business hours at the office of the

Director, Northwest Region, NMFS

(Regional Director).

FOR FURTHER INFORMATION CONTACT:

William L. Robinson 206–526–6140; or

Rodney R. McInnis 310–980–4040.

SUPPLEMENTARY INFORMATION: On

January 4, 1995, NMFS filed 1995

Annual Specifications and Mangement

Measures for Pacific Coast Groundfish

Fishery with the Office of the Federal

Register (60 FR 2331–2344, January 9,

1995). At its April 1995 meeting in

Portland, OR, the Pacific Fishery

Management Council (Council)

considered the best available scientific

information, the advice of its advisory

committees, and public testimony

before recommending to NMFS the

following actions adjusting these annual

specifications and measures for

implementation by May 1, 1995, the

beginning of the next period for

cumulative trip limits in the Pacific