Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11913

PART 724—PROTECTION OF PRIVACY

AND FREEDOM OF INFORMATION

724.170 [Amended]

PART 731—CONTRACT COST

PRINCIPLES AND PROCEDURES

731.205 [Amended]

6 and 7. Subsection 731.205–6(d) is

amended by removing ‘‘Foreign Service

Officer Class FS–1’’ and ‘‘FS–1’’ and

replacing it with ‘‘Executive Service

level ES–6’’ and ‘‘ES–6’’ respectively.

8. Section 731.371(b) is amended by

removing ‘‘Foreign Service Officer Class

FS–1’’ and ‘‘FS–1’’ and replacing it with

‘‘Executive Service level ES–6’’ and

‘‘ES–6’’ respectively.

PART 752—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

752.7004 [Amended]

9. Section 752.7004, paragraph (b)(5)

is amended by removing the second

‘‘which’’ and replacing it with ‘‘such’’.

752.7035 [Amended]

10. Section 752.7035 is amended by

removing ‘‘Office of External Affairs’’

wherever it appears and replacing it

with ‘‘Legislative and Public Affairs

(LPA).’’

11. Appendix G to Chapter 7 is

revised to read as follows:

Appendix G—Approval Procedures for

Contractor Salaries

1. Purpose

This Appendix provides guidelines for use

when considering contractor salaries, and

procedures for approval of contractor salaries

exceeding the maximum salary level for

Senior Executive Service level ES–6.

2. Procedures

(a) General. Personnel compensation

negotiated and payable under USAID

contracts should be at the minimum levels

necessary to attract needed technical services

in a competitive market. Rates should be

determined by the market place where the

types of services are obtained. Using such

criteria, very few salaries should approach or

exceed the ES–6 level. Actual discussions

with contractors concerning salaries should

be held only by persons authorized to

negotiate and execute contracts (see (AIDAR)

Appendix A to this Chapter).

(b) In accordance with 731.205–6, 731–

371(b) and 731.772, approval of contractors

salaries exceeding the maximum for

Executive Service Level 6 are to be based

upon a Memorandum from the technical

office through the cognizant Assistant

Administrator or Mission Director and the

Contracting Officer to the Procurement

Executive for approval. The reasonableness

of proposed salaries exceeding the ES–6 level

must be evaluated by the appropriate

technical office in terms of the technical

competence required, scope of supervisory

responsibilities involved, and the

relationship of the proposed salary level to

the individual’s customary salary level for

similar work. The Contracting Officer shall

clear the Memorandum if he/she concurs

with the action. If he/she does not concur, a

memorandum explaining the reasons shall be

attached to the approval request and

forwarded with it to the Procurement

Executive. Increases in the ES–6 salary levels

are not, and shall not be by themselves, the

basis for upward salary increases of

institutional contractor employees. Proposals

for revisions should be considered normally

when contracts are renewed or amended, and

must be fully reviewed and negotiated to

ensure that increases are not automatically

granted without corresponding increases in

the quality or quantity of services rendered.

It is the Contracting Officer’s responsibility to

scrutinize increases as a matter of good

business practice whenever USAID

negotiations deal with any salaries payable

under contracts. Salaries below the ES–6

maximum level should also be fully justified,

even though formal approval procedures may

not be involved. The justification should be

a part of the negotiation memorandum and

placed in the contract file.

Dated: December 12, 1994.

Michael D. Sherwin,

Procurement Executive.

[FR Doc. 95– 4111 Filed 3–2–95; 8:45 am]

BILLING CODE 6116–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Parts 571, 575

[Docket No. 93–81, Notice 03]

RIN 2127–AE70

Federal Motor Vehicle Safety

Standards, New Pneumatic Tires;

Consumer Information Regulations

Uniform Tire Quality Grading

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule; correction.

SUMMARY: This document corrects test

inflation pressures associated with the

350 kilopascal (kPa) (51 pounds per

square inch (psi)) maximum inflation

pressure for certain passenger car tires

specified in the Uniform Tire Quality

Grading Standards and the safety

standard on new pneumatic tires.

NHTSA makes this correction in

response to a submission from the

Rubber Manufacturers Association.

DATES: Effective date: The amendments

in this correction document are effective

March 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Ms. Terri Droneburg, Office of Vehicle

Safety Standards, National Highway

Traffic Safety Administration, 400

Seventh Street SW., Room 5307,

Washington, DC 20590. Ms. Droneburg’s

number is: (202) 366–4803.

SUPPLEMENTARY INFORMATION: Federal

Motor Vehicle Safety Standard No. 109,

New Pneumatic Tires, specifies

requirements for passenger car tires for

strength, endurance, high speed

performance, and bead unseating

resistance. In addition, the standard

defines tire load ratings and specifies

dimensions, maximum inflation

pressures, and labeling requirements.

Paragraph S4.2.1(b) of the standard

specifies separate maximum permissible

inflation pressures for CT tires

(pneumatic tires with an inverted flange

tire and rim system in which the rim is

designed with rim flanges pointed

radially inward and the tire is designed

to fit on the underside of the rim in a

manner that encloses the rim flanges

inside the air cavity of the tire), and for

tires other than CT tires (non-CT tires).

In effect, S4.2.1(b) proscribes maximum

permissible inflation pressures other

than the ones listed.

A manufacturer’s selection of a

maximum permissible inflation pressure

for a given tire has the effect under the

Standard of determining the pressure at

which that tire will be tested for

compliance. For each maximum

permissible inflation pressure, Table II

of Appendix A of Standard No. 109

specifies pressures at which compliance

tests will be conducted. Table II

specifies one pressure for tests of

physical dimensions, bead unseating,

tire strength, and tire endurances, and

specifies another pressure for the high

speed performance test.

A manufacturer’s selection of a

maximum permissible inflation pressure

for a given tire also has the effect under

the Standard of determining the

pressure at which that tire will be tested

under the Uniform Tire Quality Grading

Standards (UTQGS) (49 CFR 575.104).

The UTQGS specify that passenger car

tires be labeled with information about

the relative performance of the tires in

the areas of treadwear, traction, and

temperature resistance. Table 1 of the

UTQGS specifies, for each maximum

permissible inflation pressure, pressures

at which compliance tests for treadwear

and temperature resistance will be

conducted.

On August 1, 1994, NHTSA published

a final rule (59 FR 38938) amending

Standard No. 109 and the UTQGS by

making changes permitting the

manufacture and sale of CT and non-CT
11914 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

passenger car tires that have a maximum

tire inflation pressure of 350 kiloPascals

(kPa) (51 pounds per square inch (psi)).

The final rule took effect on August

31,1994. Previously, only CT tires were

permitted a maximum tire inflation

pressure of 350 kPa.

In a submission that it characterized

as a ‘‘petition for reconsideration,’’ the

Rubber Manufacturers Association

(RMA) noted typographical errors in the

August 1994 final rule. The RMA noted

both Table II Test Inflation Pressures of

Appendix A of Standard No. 109, and

Table 1 Test Inflation Pressures in

paragraph (g) of the UTQGS, specified

incorrect pressures at which compliance

tests would be conducted for 350 kPa

tires other than CT tires. The RMA

stated that for testing of 350 kPa non-CT

tires, in Table II of Appendix A of

Standard No. 109, the test pressure for

the tests of physical dimensions, bead

unseating, tire strength, and tire

endurance should be 180 kPa, and the

test pressure for the high speed

performance test should be 220 kPa. The

RMA also stated that for 350 kPa nonCT tires, in Table 1 in paragraph (g) of

the UTQGS, the test pressure for the

treadwear test should be 180 kPa and

the test pressure for the temperature

resistant test should be 220 kPa.

NHTSA agrees that RMA’s

recommended changes are correct. The

final rule erroneously specified

identical test pressures for testing of

both 350 kPa CT tires and 350 kPA nonCT tires. The test pressures specified in

the final rule for 350 kPa CT tires were

correct, but the test pressures for 350

kPA non-CT tires were not.

Accordingly, in this document, NHTSA

corrects Table II of Standard No. 109

and Table I of the UTQGS to specify the

correct test pressures for 350 kPa nonCT tires.

The changes in this document impose

no duties or responsibilities on any

party, nor do they make any substantive

changes to Standard No. 109 or the

UTQGS. The changes simply ensure that

Standard No. 109 and the UTQGS read

as the agency intended.

Since the changes are technical in

nature and have no substantive impact,

it is found that notice and public

comment are unnecessary. Further,

because the amendments are technical

in nature, it is found for good cause

shown that an effective date earlier than

180 days after issuance of the rule is in

the public interest, and the amendments

are effective upon publication in the

Federal Register.

List of Subjects

49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires.

49 CFR Part 575

Consumer protection, Labeling, Motor

vehicle safety, Motor vehicles, Rubber

and rubber products, Tires.

In consideration of the foregoing, 49

CFR parts 571 and 575 are corrected by

making the following correcting

amendments:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. Section 571.109 is amended by

revising Table II of Appendix A to read

as follows:

§ 571.109 Standard 109, New Pneumatic

Tires.

* * * * *

TABLE II.—TEST INFLATION PRESSURES

[Maximum permissible inflation pressure to be used for the following test]

Test type

Tires other than CT tires CT tires

psi kPa kPa

32 36 40 60 240 280 300 340 350 290 300 350 390

Physical dimensions, bead unseating, tire

strength, and tire endurance ........................... 24 28 32 52 180 220 180 220 180 230 270 230 270

High speed performance .................................... 30 34 38 58 220 260 220 260 220 270 310 270 310

PART 575—CONSUMER INFORMATION REGULATIONS

1. The authority citation for part 575 continues to read as follows:

Authority: 49 U.S.C. 322, 30111, and 30123; delegation of authority at 49 CFR 1.50.

§ 575.104 [Amended]

2. Section 575.104(g) is amended by revising Table 1 as follows:

* * * * *

(g) * * *

TABLE I.—TEST INFLATION PRESSURES

[Maximum permissible inflation pressure for the following test]

Test type

Tires other than CT tires CT tires

psi kPa kPa

32 36 40 60 240 280 300 340 350 290 330 350 390

Treadwear test .................................................... 24 28 32 52 180 220 180 220 180 230 270 230 270

Temperature resistant test .................................. 30 34 38 58 220 260 220 260 220 270 310 270 310
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11915

* * * * *

Issued on: February 24, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–5238 Filed 3–2–95; 8:45 am]

BILLING CODE 4910–59–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 672

[Docket No. 950206041–5041–01; I.D.

022795A]

Groundfish of the Gulf of Alaska;

Pollock in the Eastern Gulf

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock in Eastern Regulatory

Area in the Gulf of Alaska (GOA). This

action is necessary to prevent exceeding

the total allowable catch for pollock in

this area.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), February 27, 1995, until 12

noon A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael L. Sloan, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by the NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

50 CFR parts 620 and 672.

The initial specification for pollock

TAC in the Eastern Regulatory Area in

the GOA was established by final initial

specifications (60 FR 8740, February 14,

1995) as 3,360 metric tons (mt),

determined in accordance with

§ 672.20(c)(1)(ii)(A).

The Director of the Alaska Region,

NMFS (Regional Director), has

determined, in accordance with

§ 672.20(c)(2)(ii), that the 1995 final

interim specification of pollock in the

Eastern Regulatory Area in the GOA

soon will be reached. The Regional

Director established a directed fishing

allowance of 3,000 mt, and has set aside

the remaining 360 mt as bycatch to

support other anticipated groundfish

fisheries. The Regional Director has

determined that the directed fishing

allowance has been reached.

Consequently, NMFS is prohibiting

directed fishing for pollock in the

Eastern Regulatory Area in the GOA.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 672.20(g).

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: February 27, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–5219 Filed 2–27–95; 4:41 pm]

BILLING CODE 3510–22–F

50 CFR Parts 672 and 675

[Docket No. 900833–1095; I.D. 021595C]

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Bycatch

Rate Standards for the First Half of

1995

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; response to

comments.

SUMMARY: NMFS responds to a comment

submitted on Pacific halibut and red

king crab bycatch rate standards for the

first half of 1995. NMFS previously

published these bycatch rate standards

in the Federal Register for comment as

required under regulations

implementing the vessel incentive

program (VIP). No change in the Pacific

halibut or red king crab bycatch rate

standards is specified as a result of this

action.

EFFECTIVE DATE: The effective date of the

January 12, 1995, final rule is 12:01

a.m., Alaska local time (A.l.t.), January

20, 1995, through 12 midnight, A.l.t.,

June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan J. Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Regulations at §§ 672.26 and 675.26

implement a VIP to reduce halibut and

red king crab bycatch rates in the

groundfish trawl fisheries. Regulations

at §§ 672.26(c) and 675.26(c) require

that halibut and red king crab bycatch

rate standards for each fishery included

under the incentive program be

published in the Federal Register.

NMFS published Pacific halibut and

red king crab bycatch rate standards for

the first half of 1995 in the Federal

Register on January 12, 1995 (60 FR

2905), and solicited comments from the

public until January 23, 1995. One letter

of comment was received within the

comment period that is summarized in

the Response to Comments section,

below. After review of the comment

received, NMFS determined that no

change to the bycatch rate standards for

the first half of 1995 is warranted.

Additional information on the

derivation of the 1995 bycatch rate

standards is contained in the January

12, 1995, publication of these standards

in the Federal Register.

Response to Comments

One letter of comment was received

within the comment period that ended

January 23, 1995. A summary of the

comment and NMFS’ response follows.

Comment. Given an agreement among

many vessel operators to use large mesh

trawl gear in the Bering Sea rock sole

fishery to reduce groundfish discard

amounts, NMFS should make

allowances for vessels that have higher

halibut and red king bycatch rates if the

higher rates are a result of decreased

discard amounts of groundfish as a

result of large mesh trawl gear, rather

than increased amounts of halibut or

crab.

Response. The North Pacific Fishery

Management Council (Council)

reviewed current and historical halibut

and red king crab bycatch rates when

recommending that NMFS implement

the VIP bycatch rate standards for the

first half of 1995 that were published in

the Federal Register on January 12,

1995. When recommending these rates,

the Council was aware of the fact that

some vessels may use large mesh trawl

gear and that the resulting bycatch rates

of halibut and red king crab could

increase. However, no information was

available on whether the use of large

mesh trawl gear would result in vessel

bycatch rates that exceed the

recommended VIP standard established

for the ‘‘other trawl’’ fishery category,

which includes the rock sole fishery.

The Council, therefore, recommended to

maintain the current VIP bycatch rate

standards until information is available

on which to base a change in these

standards, and regulatory changes are

implemented to allow a separate

bycatch rate standard for the rock sole

fishery.

Voluntary industry efforts to reduce

groundfish discard amounts are

laudable. Nonetheless, NMFS does not