13076 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

List of Subjects in 48 CFR Part 223 and

252

Government Procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 223 and 252

are amended as follows:

1. The authority citation for 48 CFR

Parts 223 and 252 continues to read as

follows:

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

Chapter 1.

PART 223—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

2. Section 223.7102 is amended by

adding paragraph (a)(9) to read as

follows:

§ 223.7102 Exceptions.

(a) * * *

(9) The treatment and disposal of any

non-DoD-owned material if the

Secretary of the military department

concerned—

(i) Determines that the material is

required or generated by a private

person in connection with the

authorized and compatible commercial

use by that person of an industrial-type

facility of that military department; and

(ii) Enters a contract with that person

that—

(A) Is consistent with the best interest

of national defense and environmental

security; and

(B) Provides for that person’s

continued financial and environmental

responsibility and liability with regard

to the material.

* * * * *

3. Section 223.7103 is revised to read

as follows:

223.7103 Contract clause.

(a) Use the clause at 252.223–7006,

Prohibition on Storage and Disposal of

Toxic and Hazardous Materials, in all

solicitations and contracts which

require, may require, or permit

contractor performance on a DoD

installation.

(b) Use the clause at 252.223–7006

with its Alternate I, when the Secretary

of the military department issues a

determination under the exception at

223.7102(a)(9).

3. Section 252.223–7006 is amended

by revising the introductory text and by

adding an Alternate I to read as follows:

252.223–7006 Prohibition on storage and

disposal of toxic and hazardous materials.

As prescribed in 223.7103(a), use the

following clause:

* * * * *

Alternate I (Mar 1995)

As prescribed in 223.7103(b), add the

following paragraphs (c) and (d) to the basic

clause:

(c) With respect to treatment or disposal

authorized pursuant to 10 U.S.C. 2692(b)(9),

and notwithstanding any other provision of

the contract, the Contractor assumes all

financial and environmental responsibility

and liability resulting from any treatment or

disposal of non-DoD-owned toxic or

hazardous material on a military installation.

The Contractor shall indemnify, defend, and

hold the Government harmless for all costs,

liability, or penalties resulting from the

Contractor’s treatment or disposal of nonDoD-owned toxic or hazardous materials on

a military installation.

(d) The Contractor shall include this

clause, including this subparagraph (d) in

each subcontract.

[FR Doc. 95–5957 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 235

Defense Federal Acquisition

Regulation Supplement; Federally

Funded Research and Development

Centers

AGENCIES: Department of Defense (DoD)

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to allow DoD-sponsored

FFRDCs that function primarily as

research laboratories to respond to

solicitations and announcements for

programs which promote research,

development, demonstration, or transfer

of technology.

DATES: Effective date: March 3, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing at the address shown below on

or before May 9, 1995, to be considered

in the formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulation Council, ATTN:

Mr. R.G. Layser, PDUSD(A&T)DP/DAR,

IMD 3D139, 3062 Defense Pentagon,

Washington, D.C. 20301–3062. Telefax

Number (703) 602–0350. Please cite

DFARS Case 94–D306 in all

correspondence.

FOR FURTHER INFORMATION CONTACT:

Mr. Rick Layser (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 217 of the National Defense

Authorization Act for Fiscal Year 1995

(Public Law 103–337) allows DoDsponsored FFRDCs that function

primarily as research laboratories to

respond to solicitations and

announcements for programs which

promote research, development,

demonstration, or transfer of

technology. This interim DFARS rule

implements this allowance.

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 217 of

the National Defense Authorization Act

for Fiscal Year 1995 (Public Law 103–

337) became effective upon enactment

of the Act, October 5, 1994. This interim

rule is necessary to ensure that DoD

contracting activities become aware of

the statutory allowance of DoDsponsored FFRDCs that function

primarily as research laboratories to

respond to solicitations and

announcements for programs which

promote research, development,

demonstration, or transfer of

technology. However, comments

received in response to the publication

of this rule will be considered in

formulating the final rule.

C. Regulatory Flexibility Act

The proposed changes to DFARS Part

217, are 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 the rule allows a very limited

number of FFRDCs to respond to

solicitations and announcements for

programs which promote research,

development, demonstration, or transfer

of technology. The rule is expected to

benefit small entities involved in

technology research, development,

demonstration or transfer who can

establish teaming arrangements with

FFRDCs. An Initial Regulatory

Flexibility Analysis (IRFA) has been

prepared and may be obtained from the

address stated herein. A copy of the

IRFA has been submitted to the Chief

Counsel for Advocacy of the Small

Business Administration.

D. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because this
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13077

1Electronic Filing of Tariffs, 5 I.C.C.2d 279

(1989); 54 FR 6403 and 9052 (1989).

2The Household Goods Carriers’ Bureau

Committee (HGCBC), and The National Industrial

Transportation League (NITL). The Association of

American Railroads and each Class I Railroad,

while not filing formal comments, submitted a letter

indicating that they did not object to the course of

action outlined in the NPR.

3We will correct the heading of part 1312 to

include reference to household goods freight

forwarders, which was inadvertently omitted from

the proposed rule.

rule does not impose any new

recordkeeping, information collection

requirements, or collection of

information from offerors, contractors,

or members of the public which require

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

3501, et seq.

List of Subjects in 48 CFR part 235

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 235 is

amended as follows:

PART 235—RESEARCH AND

DEVELOPMENT CONTRACTING

1. The authority citation for 48 CFR

Part 235 continues to read as follows:

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

Chapter 1.

2. Section 235.017–1 is added to read

as follows:

§ 235.017–1 Sponsoring agreements.

(c)(4) DoD-sponsored FFRDCs that

function primarily as research

laboratories may respond to solicitations

and announcements for programs which

promote research, development,

demonstration, or transfer of technology

(Section 217, Pub. L. 103–337).

[FR Doc. 95–5956 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

INTERSTATE COMMERCE

COMMISSION

49 CFR Parts 1312 and 1314

[Ex Parte No. 444]

Electronic Filing of Tariffs

AGENCY: Interstate Commerce

Commission (ICC).

ACTION: Final rule.

SUMMARY: The ICC amends its

regulations to reflect the status quo with

respect to the rules for filing electronic

and printed tariffs, and terminates the

Ex Parte No. 444 proceeding. This

action codifies in the regulations the

tariff filing rules which have existed for

the past five years as a result of the

partial stay of the Commission’s 1989

decision in Ex Parte No. 444, and ends

the proceeding.

EFFECTIVE DATES: The amendments in

this final rule are effective April 8, 1995.

Effective April 8, 1995, the rule

removing part 1312, which was

published at 54 FR 6404 and stayed at

54 FR 10533 and 54 FR 42959, is

withdrawn and part 1312 continues in

effect. The effective date of part 1314,

which was added at 54 FR 6404 and

stayed at 54 FR 10533 and 54 FR 42959,

is November 8, 1989.

FOR FURTHER INFORMATION CONTACT:

James W. Greene, (202) 927–5602, or

Thomas A. Mongelli, (202) 927–5150.

TDD for the hearing impaired: (202)

927–5721.

SUPPLEMENTARY INFORMATION: In a notice

of proposed rulemaking (NPR) served

December 15, 1994, and published at 59

FR 64646 (1994), we proposed to amend

parts 1312 and 1314 of our regulations

to codify the tariff filing rules which

have been in effect for the past five

years as a result of a partial stay of an

earlier Commission decision,1 and to

terminate the Ex Parte No. 444

proceeding. The current rules authorize

electronic tariff filing by rail carriers but

not by other carriers; in the NPR we

indicated our willingness to consider

individual special tariff authority

requests for electronic filing by non-rail

carriers. Comments were filed by two

interested parties,2 both of which

support the Commission’s proposal.

HGCBC states that, although it

understands the reasons for and

supports the Commission’s decision, it

is disappointed in the termination of the

effort to develop methods and standards

for filing electronic tariffs. HGCBC

believes that electronic tariff filing has

merit, and it indicates its willingness to

assist the Commission in a renewed

effort to develop an electronic tariff

filing system if circumstances change.

NITL strongly endorses the

Commission’s proposal. NITL states that

it has participated in the Ex Parte No.

444 proceeding from the beginning, and

that its position throughout the

proceeding has been that, if tariff filing

is to be retained, tariff filing rules must

promote efficient and simple tariff use.

NITL expresses its view that the

enactment of the Trucking Industry

Regulatory Reform Act of 1994 (TIRRA)

has eliminated the need for electronic

tariff filing, and that the likelihood of

further statutory changes to tariff filing

requirements makes it unnecessary to

expend limited resources on this issue

at this time.

After careful consideration, we have

decided to amend the regulations and

terminate the proceeding as proposed.3

Regulatory Flexibility

The rules adopted herein do not

impose additional burdens on tariff

filers or others; rather, they merely

codify the rules that are currently in

effect as a result of the partial stay of an

earlier Commission decision.

Environmental Statement

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects

49 CFR Part 1312

Household goods freight forwarders,

Motor carriers, Moving of household

goods, Pipelines, Tariffs, Water carriers.

49 CFR Part 1314

Railroads, Tariffs.

Decided: February 17, 1995.

By the Commission, Chairman McDonald,

Vice Chairman Morgan, Commissioners

Simmons and Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, title 49, chapter X, parts 1312

and 1314 of the Code of Federal

Regulations are amended as follows:

PART 1312—REGULATIONS FOR THE

PUBLICATION, POSTING AND FILING

OF TARIFFS, SCHEDULES AND

RELATED DOCUMENTS OF MOTOR,

PIPELINE AND WATER CARRIERS,

AND HOUSEHOLD GOODS FREIGHT

FORWARDERS

1. The heading of part 1312 is revised

to read as set forth above.

2. The authority citation for part 1312

continues to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 10321,

10762 and 10767.

PART 1314—REGULATIONS FOR THE

PUBLICATION, POSTING AND FILING

OF TARIFFS AND RELATED

DOCUMENTS OF RAIL CARRIERS

3. The heading of part 1314 is revised

to read as set forth above.

4. The authority citation for part 1314

is revised to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 10321,

10708, 10761, and 10762.

[FR Doc. 95–5943 Filed 3–9–95; 8:45 am]

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