21992 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

§ 90.669 Emission limits.

(a) On any frequency in an MTA

licensee’s spectrum block that is

adjacent to a non-MTA frequency, the

power of any emission shall be

attenuated below the transmitter power

(P) by at least 43 plus 10 log10(P)

decibels or 80 decibels, whichever is the

lesser attenuation.

Note: The measurements of emission

power can be expressed in peak or average

values, provided they are expressed in the

same parameters as the transmitter power.

(b) When an emission outside of the

authorized bandwidth causes harmful

interference, the Commission may, at its

discretion, require greater attenuation

than specified in this section.

11. A new § 90.671 is added to

Subpart S to read as follows:

§ 90.671 Field strength limits.

The predicted or measured field

strength at any location on the border of

the MTA service area for MTA licensees

shall not exceed 40 dBuV/m unless all

bordering MTA licensees agree to a

higher field strength. MTA licensees are

also required to coordinate their

frequency usage with so-channel

adjacent MTA licensees and all other

affected parties. To the extent that a

single entity obtains licenses for

adjacent MTAs on the same channel

block, it will not be required to

coordinate its operations in this manner.

In the event that this standard conflicts

with the MTA licensee’s obligation to

provide co-channel protection to

incumbent licensees under Section

90.621(b), the requirements of Section

90.621(b) shall prevail.

[FR Doc. 95–11009 Filed 5–2–95; 12:52 pm]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

Defense Logistics Agency

48 CFR Part 5452

DLA Acquisition Regulation; Fuel

Allocation Procedures

AGENCY: Defense Logistics Agency, DoD.

ACTION: Final rule.

SUMMARY: The Defense Logistics Agency

establishes a new 48 CFR Chapter 54 to

contain Defense Logistics Agency

acquisition regulations. New part 5452

is added to supplement Federal

Acquisition Regulation 49.504(a)(1) and

its requirement to use FAR Default

clause 52.249–8. The Defense Fuel

Supply Center (DFSC) proposed three

nonstandard clauses for bulk, bunkers,

into-plane, and posts, camps, and

stations petroleum solicitations and

contracts concerning fuel allocation

procedures. The three clauses have been

incorporated into one clause for use by

DFSC. This allocation clause permits

DFSC contractors to supply less than the

full amount of fuel contracted by the

government, without being terminated

for default, during periods of

exceptional fuel shortages, provided

that the shortage is beyond the control

and without the fault or negligence of

the contractor.

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT: Ms.

Melody Reardon, (703) 274–6431.

SUPPLEMENTARY INFORMATION:

A. Background

On April 28, 1994, DFSC published a

proposed rule in the Federal Register to

incorporate three nonstandard clauses

into the DLAR. Public comments were

requested, received, addressed, and

resolved by DFSC. As a result, the three

nonstandard clauses were consolidated

into one clause by DFSC, to be used in

domestic and overseas petroleum

solicitations and contracts. DFSC has

historically utilized deviations to FAR

termination for default clauses in order

to provide for contingencies in the case

of fuel allocations by contractors. These

deviations have been approved on an

annual basis since 1974. DFSC

incorporates the nonstandard fuel

allocation clause in DLAR in order to

eliminate the need for annual review

and approval. The clause is necessary to

protect potential contractors from

default proceedings and ensure the

continuance of a competitive

procurement environment for

government petroleum requirements.

Allocation of fuel to customers on a pro

rata basis during periods of extreme

shortage is a standard practice in the

petroleum industry.

B. Regulatory Flexibility Act

The final clause is not expected to

have 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.

since the previous clauses have been

utilized for many years by Defense Fuel

Supply Center as deviations to FAR. An

initial regulatory flexibility analysis has,

therefore, not been performed.

C. Paperwork Reduction Act

The final rule does not impose any

reporting or record keeping

requirements which require the

approval of OMB under 44 U.S.C. 3501,

et seq.

List of Subjects in 48 CFR Part 5452

Government procurement.

Accordingly, 48 CFR Chapter 54 is

added to read:

CHAPTER 54—DEFENSE LOGISTICS

AGENCY, DEPARTMENT OF DEFENSE

PART 5452—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

Subpart 5452.2—Texts of Provisions

and Clauses

5452.249 Allocation

Authority: 5 U.S.C. 301, 10 U.S.C. 2202, 48

CFR part 1, subpart 1.3 and 48 CFR part 201,

subpart 201.3

5452.249 Allocation

The Defense Fuel Supply Center is

authorized to use the following clause

in domestic and overseas petroleum

solicitations/contracts, including those

for Canal Zone and Puerto Rico, when

a fixed-price contract is contemplated

and the contract amount is expected to

exceed the small purchase limitation.

Allocation (DFSC 1995) (Deviation) (9F01)

(a) Reduced Supplies.

If, for any cause beyond the control and

without the fault or negligence of the

Contractor, the total supply of crude oil and/

or refined petroleum product is reduced

below the level that would have otherwise

been available to the Contractor, the

Contractor allocates to its regular customers

its remaining available supplies of crude oil

or product, then the Contractor may also

allocate to the U.S. Government supplies to

be delivered under this contract, provided—

(1) Prompt notice of and evidence

substantiating the necessity to allocate and

describing the allocation rate for all the

Contractor’s customers are submitted to the

Contracting Officer;

(2) Allocation among the Contractor’s

regular customers is made on a fair and

reasonable basis (except where allocation on

a different basis is required by a

governmental authority, agency or

instrumentality); and

(3) Reduction of the quantity of product

due the Government under this contract shall

not exceed the pro rata amount by which the

Contractor reduces delivery to its other

contractual customers.

(b) Additional Supplies.

If, after the event causing the shortage of

crude oil and/or refined petroleum product

as described in (a) above, additional supply

becomes available to the Contractor, the

Contracting Officer may choose any one of

the following three possible courses of

action:

(1) Accept an updated pro rata reduction

as outlined in (a);

(2) Determine that continuance of the

contract with the quantities as originally

stated in the Schedule is in the best interests

of the Government; or

(3) Terminate the contract as permitted in

(d) below.
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21993

(c) Reduced Deliveries.

If the Contractor believes that a law,

regulation, or order of a foreign government

requires the Contractor to deliver less than

the quantity set forth in the Schedule for any

location within that country, the Contractor

may request allocation in accordance with (a)

above. In addition to the criteria in (a) above,

the Contractor’s request shall cite—

(1) The law, regulation or order, furnishing

copies of the same;

(2) The authority under which is imposed;

and

(3) The nature of the Government’s waiver,

exception, and enforcement procedure.

The Contracting Officer will promptly

review the matter and advise the Contractor

whether or not the need to allocate has been

substantiated. If the law, regulation, or order

requiring the Contractor to reduce deliveries

ceases to be effective, the Contractor shall

resume deliveries in accordance with the

original Schedule.

(d) If, as a result of reduced deliveries

permitted by (a), (b), or (c) above, the

Contracting Officer decides that continuation

of this contract is no longer in the best

interests of the Government, the Government

may terminate this contract or any quantity

thereunder, by written notice, at no cost to

the Government. However, the Government

shall not be relieved of its obligation to pay

for supplies actually delivered to and

accepted by it.

(e) Except as otherwise stated in (b) above,

any volumes omitted pursuant to (a) or (b)

above shall be deleted from this contract, and

the Contractor shall have no continuing

obligation, so far as this contract is

concerned, to make up such omitted

supplies.

(f) For Posts, Camps, and Stations

contracts, Department of Energy priority

orders and allocation regulations will take

precedence over any conflicting provisions of

this clause.

(g) For Bulk Fuels contracts, the provisions

contained in (a) and (b) above shall be

inoperative when the Secretary of Defense

makes a written determination that it is

essential to the National Defense that the

Defense Fuel Supply Center be provided

contract volumes exceeding the pro rata

amount of product to which it would

otherwise be entitled. However, in no case

will the Contractor be required, under this

contract, to supply more than 100% of the

quantity specified in the Schedule.

[end of clause]

Dated: April 24, 1995.

Margaret J. Janes,

Assistant Executive Director (Procurement

Policy).

[FR Doc. 95–10761 Filed 5–3–95; 8:45 am]

BILLING CODE 5000–04–M

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1503, 1505, 1513, 1514,

1515, 1522, 1525, 1542 and 1552

[FRL–5201–5]

Acquisition Regulation

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is amending the EPA

Acquisition Regulation (EPAAR) to

incorporate changes to the EPAAR

which are generally administrative in

nature.

EFFECTIVE DATE: May 4, 1995.

ADDRESSES: Environmental Protection

Agency, Office of Acquisition

Management (3802F), 401 M Street SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Larry Wyborski, Telephone: (202) 260–

6482.

SUPPLEMENTARY INFORMATION:

I. Background Information

This rule raises the level of delegated

authority and the dollar thresholds for

several administrative review

requirements. The rule also corrects

terminology, FAR and EPAAR

references and improves the consistency

between the FAR and the EPAAR.

II. Executive Order 12866

This is not a significant regulatory

action under Executive Order 12866;

therefore, no review is required at the

Office of Information and Regulatory

Affairs within OMB.

III. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

contain information collection

requirements for the approval of the

Office of Management and Budget

(OMB) under 44 U.S.C. 3501, et seq.

IV. Regulatory Flexibility Act

This rule is not expected to have a

significant impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601 et seq.

List of Subjects in 48 CFR Parts

1503, 1505, 1513, 1514, 1515, 1522,

1525, 1542 and 1552. Government

Procurement.

For the reasons set forth in the

preamble, Chapter 15 of Title 48 Code

of Federal Regulations 1503, 1505, 1513,

1514, 1515, 1522, 1525, 1542 and 1552

is amended as follows:

1. The authority citation for parts

1503, 1505, 1513, 1514, 1515, 1522,

1525, 1542 and 1552 continue to read as

follows:

Authority: Sec. 205(c), 63 Stat. 390 as

amended, 40 U.S.C. 486(c).

1503.203 [Amended]

2. Section 1503.203 is amended by

removing the words ‘‘Head of the

Contracting Activity’’ and adding in its

place the words ‘‘Chief of the

Contracting Office’’.

1505.270 [Amended]

3. Section 1505.270 is amended by

removing the dollar figure ‘‘$10,000’’ in

paragraph (b) and adding in its place the

dollar figure ‘‘$25,000’’.

1505.271 [Removed and Reserved]

4. Section 1505.271 is removed and

reserved.

1513.570 [Amended]

5. Section 1513.570 is amended by

revising paragraph (c) to read as follows:

1513.570 Oral Purchase Orders

* * * * *

(c) Oral purchase orders shall not be

used for—

(1) Acquisitions for construction over

$2,000.

(2) Acquisitions for services over

$2,500 which are subject to the Service

Contract Act.

1514.406–3 [Amended]

6. Section 1514.406–3 is amended by

removing the words ‘‘Head of

Contracting Activity (HCA)’’ and adding

in its place the words ‘‘Chief of the

Contracting Office’’.

1515.506 [Amended]

7. Section 1515.506 is amended by

removing ‘‘PM–216’’ and adding in its

place ‘‘3903F’’.

1515.612 [Amended]

8. Section 1515.612 is amended by

removing the dollar figure of

‘‘$5,000,000’’ in paragraphs (a)(1)

introductory text and (a)(2) introductory

text and adding in its place the dollar

figure ‘‘$15,000,000.’’

1522.608–3 [Amended]

9. 1522.608–3 is amended by

removing the words ‘‘Head of the

Contracting Activity (HCA) for referral

to the Department of Labor (DOL) or to

the Administrator of SBA if the offeror

is a small business’’ and adding in its

place ‘‘Chief of the Contracting Office in

accordance with FAR 22.608–3(b)(1)–

(3)’’.

10. Section 1522.1003 is revised to

read as follows: