2330 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

PART 498—[AMENDED]

3. In part 498, the following changes

are made:

a. The authority citation for part 498

is revised to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395(hh)) unless otherwise indicated.

§ 498.3 [Amended]

b. In § 498.3(b)(6), ‘‘§§ 405.1730

through 405.1737, or in § 410.22 of this

chapter, respectively,’’ is revised to read

‘‘subpart D of part 486 of this chapter

and § 410.22 of this chapter,

respectively.’’

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: September 2, 1994.

Bruce C. Vladeck,

Administrator, Health Care Financing

Administration.

Dated: October 12, 1994.

Donna E. Shalala,

Secretary.

[FR Doc. 95–485 Filed 1–6–95; 8:45 am]

BILLING CODE 4120–01–P

LEGAL SERVICES CORPORATION

45 CFR Part 1607

Governing Bodies; Correction

AGENCY: Legal Services Corporation.

ACTION: Final rule.

SUMMARY: This rule corrects the final

regulation that was published on

Monday, December 19, 1994 (59 FR

65249). The regulation revised part 1607

of the Legal Services Corporation’s

(‘‘LSC’’ or ‘‘Corporation’’) regulations

relating to governing bodies of

recipients of LSC funds.

EFFECTIVE DATE: January 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Victor M. Fortuno, General Counsel, at

(202) 336–8810.

SUPPLEMENTARY INFORMATION: As

published, § 1607.5(b) of the final

regulation refers to a waiver granted

under § 1607.6(c)(1). This reference is

incorrect.

Accordingly, the publication on

December 19, 1994, of the final

regulation which was the subject of FR

Doc. 94–31043 is corrected as follows:

§ 1607.5 [Corrected]

On page 65256, in the first column, in

§ 1607.5, paragraph (b) is corrected to

read as follows:

‘‘Pursuant to a waiver granted under

§ 1607.6(b)(1), a recipient may adopt

policies that would permit partners or

associates of attorney members to

participate in any compensated private

attorney involvement activities

supported by the recipient.’’

Dated: January 3, 1995.

Victor M. Fortuno,

General Counsel.

[FR Doc. 95–378 Filed 1–6–95; 8:45 am]

BILLING CODE 7050–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 231

Defense Federal Acquisition

Regulation Supplement; Allowable

Individual Compensation

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

that places a ceiling on allowable

individual compensation under DoD

contracts.

DATES: Effective date: December 14,

1994.

Comment date: Comments on the

interim rule should be submitted in

writing at the address shown below on

or before March 10, 1995, to be

considered in the formulation of a final

rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, ATTN:

Mr. Eric R. Mens, PDUSD(A&T)DP/DAR,

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

number (703) 602–0350. Please cite

DFARS Case 94–D318 in all

correspondence.

FOR FURTHER INFORMATION CONTACT:

Mr. Eric R. Mens, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 8117 of the Department of

Defense Appropriations Act, 1995

(Public Law 103–335), limits allowable

costs for individual compensation to

$250,000 per year. This restriction

applies to DoD contracts awarded after

April 15, 1995, when payments are from

funds appropriated in fiscal year 1995.

The interim DFARS rule revises

DFARS Subpart 231.2, Contracts with

Commercial Organizations; Subpart

231.3, Contracts with Educational

Institutions; Subpart 231.6, Contracts

with State, Local, and Federally

Recognized Indian Tribal Governments;

and Subpart 231.7, Contracts with

Nonprofit Organizations to implement

the statutory ceiling on allowable

individual compensation costs. In

supplementing the cost principle at FAR

31.205–6, this DFARS rule relies upon

the same definition of compensation

found in the FAR cost principle, i.e.,

‘‘all remuneration paid currently or

accrued, in whatever form and whether

paid immediately or deferred, for

services rendered by employees to the

contractor.’’

B. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule without prior opportunity for

public comment because section 8117 of

the Defense Appropriations Act for

Fiscal Year 1995 (Public Law 103–335)

applies to DoD contracts awarded after

April 15, 1995, using funds

appropriated in FY 1995. An interim

rule will ensure that DoD contracting

activities become aware of the statutory

ceiling on allowable individual

compensation costs when forward

pricing contracts which will be awarded

after April 15, 1995, using FY 1995

funds. However, comments received in

response to the publication of this rule

will be considered in formulating the

final rule.

C. 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 most small entities are not

subject to the contract cost principles in

FAR Part 31 or DFARS Part 231. The

contract cost principles normally apply

where contract award exceeds $500,000

and the price is based on certified cost

or pricing data. Most contracts awarded

to small entities are awarded on a

competitive, fixed-price basis. This

interim DFARS rule applies only to DoD

contractors which incur individual

compensation costs in excess of

$250,000 per year in performing new

contracts awarded after April 15, 1995,

using funds appropriated in FY 1995.

An Initial Regulatory Flexibility

Analysis has, therefore, not been

performed. Comments are invited from

small business entities and other

interested parties. Comments from small

entities concerning the affected DFARS

Subparts will also be considered in

accordance with section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 94–

D318 in correspondence.
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2331

D. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because the

interim rule does not impose any

additional reporting or recordkeeping

requirements which require the

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

et seq.

List of Subjects in 48 CFR Part 231

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 231 is

amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

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

Chapter 1.

2. Section 231.205–6 is amended by

adding a new paragraph (a)(2) preceding

the existing paragraph (g)(2)(i) to read as

follows:

231.205–6 Compensation for personal

services.

(a)(2) Costs for individual

compensation in excess of $250,000 per

year are unallowable under DoD

contracts that are awarded after April

15, 1995, and are funded by fiscal year

1995 appropriations (Public Law 103–

335).

* * * * *

3. Section 231.303 is amended by

adding paragraph (3) to read as follows:

231.303 Requirements.

(1) * * *

(2) * * *

(3) The limitation on allowable

individual compensation at 231.2205–

6(a)(2) also applies to this subpart.

4. Section 231.603 is amended by

redesignating paragraphs (1) through

(15) as (i) through (xv) and redesignating

paragraphs (11) (i) and (ii) as paragraphs

(xi) (A) and (B); designating the

introductory text as paragraph (1); and

adding a new paragraph (2) to read as

follows:

231.603 Requirements.

* * * * *

(2) The limitation on allowable

individual compensation at 231.205–

6(a)(2) also applies to this subpart.

5. Section 231.703 is revised to read

as follows:

231.703 Requirements.

(1) Under 10 U.S.C. 2324(e), the costs

cited in 231.603(a) are unallowable.

(2) The limitation on allowable

individual compensation at 231.205–

6(a)(2) also applies to this subpart.

[FR Doc. 95–312 Filed 1–6–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 611 and 663

[Docket No. 941265–4365; I.D. 121694D]

RIN 0648–AH50

Foreign Fishing; Pacific Coast

Groundfish Fishery; Annual

Specifications and Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic

Atmospheric Administration (NOAA),

Commerce.

ACTION: 1995 groundfish fishery

specifications and management

measures; request for comments.

SUMMARY: NMFS announces the 1995

fishery specifications and management

measures for groundfish taken in the

U.S. exclusive economic zone and state

waters off the coasts of Washington,

Oregon, and California as authorized by

the Pacific Coast Groundfish Fishery

Management Plan (FMP). The

specifications include the level of the

acceptable biological catch (ABC) and

harvest guidelines including the

distribution between domestic and

foreign fishing operations. The harvest

guidelines are allocated between the

limited-entry and open-access fisheries.

The management measures for 1995 are

designed to keep landings within the

harvest guidelines, for those species for

which there are harvest guidelines, and

to achieve the goals and objectives of

the FMP and its implementing

regulations. The intended effect of these

actions is to establish allowable harvest

levels of Pacific Coast groundfish and to

implement management measures

designed to achieve, but not exceed

those harvest levels, while extending

fishing and processing opportunities as

long as possible during the year.

DATES: Effective January 4, 1995 until

the 1996 annual specifications and

management measures are filed for

public inspection with the Office of the

Federal Register, unless modified,

superseded, or rescinded. All landings

between January 1, 1995, and January 4,

1995, inclusive, will be counted toward

cumulative trip limits. Comments will

be accepted until February 8, 1995.

ADDRESSES: Comments on these

specifications should be sent to Mr.

William Stelle, Jr., Director, Northwest

Region, National Marine Fisheries

Service, 7600 Sand Point Way N.E., 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 specifications and management

measures, including the SAFE report,

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), or may be obtained

from the Pacific Fishery Management

Council (Council), by writing the

Council at 2130 SW Fifth Avenue, Suite

224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson (Northwest Region,

NMFS) 206–526–6140; or Rodney R.

McInnis (Southwest Region, NMFS)

310–980–4040.

SUPPLEMENTARY INFORMATION: The FMP

requires that fishery specifications for

groundfish be evaluated each calendar

year, that harvest guidelines or quotas

be specified for species or species

groups in need of additional protection,

and that management measures

designed to achieve the harvest

guidelines or quotas be published in the

Federal Register and made effective by

January 1, the beginning of the next

fishing year. This action announces and

makes effective the final 1995 fishery

specifications and the management

measures designed to achieve them.

These specifications and measures were

considered by the Council at two

meetings and were recommended to

NMFS by the Council at its October

1994 meeting.

I. Final Specifications

ABCs and Harvest Guidelines;

Apportionments to Foreign and Joint

Venture Fisheries; Open Access and

Limited-Entry Allocations.

The fishery specifications include

ABCs, the designation of harvest

guidelines or quotas for species that

need individual management, the

apportionment of the harvest guidelines

or quotas between domestic and foreign

fisheries, and allocation between the

open-access and limited-entry segments

of the domestic fishery.

The final 1995 specifications for

ABCs, harvest guidelines, and limitedentry and open-access allocations are

listed in Table 1, followed by a

discussion of each 1995 specification

that differs from 1994 levels. The