15220 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 12 and 52

[FAR Case 94–791]

RIN 9000–AG47

Federal Acquisition Regulations;

Subcontracts for Commercial Items

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Proposed rule.

SUMMARY: At 60 FR 11198, March 1,

1995, a proposed rule was published in

the Federal Register to amend the

Federal Acquisition Regulation (FAR) to

implement portions of Title VIII of the

Federal Acquisition Streamlining Act of

1994 (the Act) dealing with the

acquisition of commercial items. The

background and the regulatory text of

that proposed rule stated that the list of

laws and the list of clauses would be

published at a later date. This case

provides the complete list of laws

determined to be inapplicable to

Executive agency contracts and

subcontracts for commercial items and

the clauses determined to be applicable

to subcontracts for the acquisition of

commercial items. This regulatory

action was subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

DATES: Comments should be submitted

on or before May 22, 1995, to be

considered in the formulation of a final

rule.

Public Meeting: April 3, 1995, 1 p.m.

at: General Services Administration

Auditorium, 18th & F Streets, NW, First

Floor, Washington, DC 20405.

Written and Oral Statements:

Statements prepared for oral

presentation must be sent to the FAR

Secretariat at the address given below,

not later than March 29, 1995.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (VRS), 18th & F Streets, NW,

Room 4037, Washington, DC 20405.

Please cite FAR case 94–791 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:

Colonel Laurence M. Trowel,

Commercial Items Team Leader, at (703)

695–3858 in reference to this FAR case.

For general information, contact the

FAR Secretariat, Room 4037, GS

Building, Washington, DC 20405 (202)

501–4755. Please cite FAR case 94–791.

SUPPLEMENTARY INFORMATION:

A. Background

The Federal Acquisition Streamlining

Act of 1994 (Pub. L. 103–355) provides

authorities that streamline the

acquisition process and minimize

burdensome Government-unique

requirements. Major changes that can be

expected in the acquisition process as a

result of implementation of the Act

include changes in the areas of

Commercial Item Acquisition,

Simplified Acquisition Procedures, the

Truth in Negotiations Act, and

Introduction of the Federal Acquisition

Computer Network (FACNET).

This notice announces proposed

revisions developed under FAR Case

94–791, Subcontracts for Commercial

Items. FAR Case 94–790, published as a

proposed rule at 60 FR 11198, March 1,

1995, proposed revisions to the FAR to

implement portions of Title VIII of the

Federal Acquisition Streamlining Act of

1994. In the supplementary information,

paragraph A, Background, and at the

following three citations in that

proposed rule, the Federal Register

notice indicated that the list of laws

determined to be inapplicable to

subcontracts for the acquisition of

commercial items in accordance with

section 8003(a) of the Act and the list of

clauses applicable to subcontracts for

the acquisition of commercial items

would be published in the Federal

Register in a future proposed rule under

FAR case 94–791:

—Proposed FAR 12.403, Applicability

of certain laws to subcontracts for the

acquisition of commercial items, at

paragraphs (a), (b), and (c);

—Proposed FAR 52.212–5, Contract

Terms and Conditions Required to

Implement Statutes or Executive

Orders—Commercial Items, at

paragraph (d); and

—Proposed FAR 52.244–XX,

Subcontracts for Commercial Items

and Commercial Components, at

paragraph (d).

This proposed rule revises the earlier

rule by providing the full list of laws

determined to be inapplicable to prime

contracts at 12.402, and provides the list

of laws determined to be inapplicable to

subcontracts at 12.403. In addition, this

proposed rule includes the clauses

determined to be applicable to

subcontracts for the acquisition of

commercial items at 52.212–5 paragraph

(d) and 522.244–XX, paragraph (d).

An area of concern discussed

extensively by the Team was the

applicability of the Buy American Act

(41 U.S.C. 10 (a)–(d)) and Trade

Agreements Act (19 U.S.C. 2512(a)) to

subcontracts. The Buy American Act

requires that ‘‘only such

unmanufactured articles, materials, and

supplies as have been mined or

produced in the United States, and only

such manufactured articles, materials,

and supplies as have been manufactured

in the United States substantially all

from articles, materials, or supplies

mined, produced, or manufactured, as

the case may be, in the United States,

shall be acquired for public use.’’ The

effect of this language is that prime

contractors must consider the cost and

origin of components in determining

whether an end item manufactured in

the United States meets the definition of

a domestic end product. While the Act

does not specifically use the terms

‘‘subcontract’’ or ‘‘subcontractors,’’

concern was raised that including these

two laws on the list of laws inapplicable

to subcontractors would result in

confusion regarding whether the cost

and origin of subcontractor components

needed to be considered for commercial

items. Consequently, the decision was

made to leave these two laws off the list

at 12.403 and solicit further public

comment on the issue.

The proposed rule at 12.402 and

12.403 includes the full list of laws

(Civilian and DOD-unique) determined

to be inapplicable at both the prime and

subcontractor level. Including the full

list of laws in this case provides the

public with a complete view of the

Government’s implementation of

Section 8003. The final disposition of

the DOD-unique laws, with respect to

inclusion in the FAR, will be

determined during the resolution of

public comments.

Public Meeting. The FAR Council is

interested in an exchange of ideas and

opinions on this rule. For that reason,

the FAR Council is conducting a series

of public meetings. A public meeting

will be held on April 3, 1995, with

respect to FAR Case 94–790,

Acquisition of Commercial Items. This

rule, FAR Case 94–791, will also be

discussed at the April 3rd meeting. The

public is encouraged to furnish its

views; the Council anticipates that

public comments will be very helpful in

formulating final rules.

Persons or organizations wishing to

make presentations will be allowed 10

minutes each, provided they notify the

FAR Secretariat at (202) 501–4755 and

submit written statements of the

presentation by March 29, 1995. Persons

or organizations with similar positions
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15221

are encouraged to select a common

spokesman for presentation of their

views. This meeting, in conjunction

with the Federal Register notice

soliciting public comments on the rule,

will be the only opportunity for the

public to present its views.

B. Regulatory Flexibility Act

This proposed rule will 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. This

rule will have a beneficial impact by

significantly limiting the flow down of

Government-unique terms and

conditions to subcontractors at all levels

thereby minimizing the burden on a

significant number of small businesses.

An Initial Regulatory Flexibility

Analysis (IRFA) was provided to the

Chief Counsel for Advocacy for the

Small Business Administration in

conjunction with FAR Case 94–790,

Acquisition of Commercial Items. That

IRFA applies to this rule as well. A copy

of the IRFA may be obtained from the

FAR Secretariat. Comments are invited.

Comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601 et seq. (FAR Case 94–791), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed changes

to the FAR do not impose recordkeeping

or information collection requirements,

or collections of information from

offerors, contractors, or members of the

public which require the approval of the

Office of Management and Budget under

44 U.S.C. 3501 et seq.

List of Subjects in 48 CFR Parts 12 and

52

Government procurement.

Dated: March 20, 1995.

Edward Loeb,

Deputy Project Manager for the

Implementation of the Federal Acquisition

Streamlining Act of 1994.

Therefore, it is proposed that 48 CFR

Parts 12 and 52 be amended as set forth

below:

1. The authority citation for 48 CFR

Parts 12 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 12—ACQUISITION OF

COMMERCIAL ITEMS

2. In the table of contents, the title of

Part 12 is revised as set forth above.

3. Section 12.402 is revised to read as

follows:

12.402 Applicability of certain laws to

executive agency contracts for the

acquisition of commercial items.

(a) The following laws are not

applicable to executive agency contracts

for the acquisition of commercial items:

(1) 41 U.S.C. 43, Walsh-Healey Act

(see 48 CFR (FAR) part 22, subpart

22.6);

(2) 41 U.S.C. 254(a) and 10 U.S.C.

2306(b), Contingent Fees (see 48 CFR

(FAR) 3.404);

(3) 41 U.S.C. 416(a)(6), Minimum

Response Time for Offers under Office

of Federal Procurement Policy Act (see

48 CFR (FAR) 5.203);

(4) 41 U.S.C. 701 et seq., Drug-Free

Workplace Act of 1988 (see 48 CFR

(FAR) 23.501);

(5) 10 U.S.C. 2384(b), Requirement to

Identify Suppliers and Sources of

Supply (see 48 CFR (DFARS) part 217,

subpart 217.73);

(6) 10 U.S.C. 2397, Reports by

Employees or Former Employees of

Defense Contractors;

(7) 10 U.S.C. 2397c, Defense

Contractor Requirements Concerning

Former DoD Officials;

(8) 10 U.S.C. 2408, Prohibition on

Persons Convicted of Defense-Related

Felonies (see 48 CFR (DFARS) 203.57);

and

(9) 10 U.S.C. 2410b, Contractor

Inventory Accounting System Standards

(see 48 CFR (DFARS) part 242, subpart

242.72).

(b) Certain requirements of the

following laws have been eliminated for

executive agency contracts for the

acquisition of commercial items:

(1) 33 U.S.C. 1368, Requirement for a

certificate and clause under the Federal

Walter Pollution Control Act (see 48

CFR (FAR) 23.105);

(2) 40 U.S.C. 327 et seq., Requirement

for a certificate and clause under the

Contract Work Hours and Safety

Standards Act (see 48 CFR (FAR)

22.305);

(3) 41 U.S.C. 57(a) and (b), and 58,

Requirement for a clause and certain

other requirements related to the AntiKickback Act of 1986 (see 48 CFR (FAR)

3.502);

(4) 41 U.S.C. 423e(1)(B), Requirement

for certain certifications under the

Procurement Integrity Act (see 48 CFR

(FAR) 3.104–9);

(5) 42 U.S.C. 7606, Requirement for a

certificate and clause under the Clean

Air Act (see 48 CFR (FAR) 23.105); and

(6) 49 U.S.C. 40118, Requirement for

a certificate and clause under Fly

American provisions (see 48 CFR (FAR)

47.405).

(c) The applicability of the following

laws have been modified in regards to

executive agency contracts for the

acquisition of commercial items:

(1) 41 U.S.C. 253g and 10 U.S.C. 2402,

Prohibition on Limiting Subcontractor

Direct Sales to the United States (see 48

CFR (FAR) 3.503);

(2) 41 U.S.C. 254(d) and 10 U.S.C.

2306a, Truth in Negotiations Act (see 48

CFR (FAR) 15.804);

(3) 41 U.S.C. 422, Cost Accounting

Standards (see 48 CFR (FAR) Part 99);

and

(4) 10 U.S.C. 2397b, Limits on

Employment for Certain Former DoD

Officials (see 48 CFR (FAR) 203.170).

(d) The FAR prescription, provision

or clause for each of these statutes has

been revised in the appropriate part to

reflect their proper application to the

acquisition of commercial items.

4. Section 12.403 is revised to read as

follows:

12.403 Applicability of certain laws to

subcontracts for the acquisition of

commercial items.

(a) The following laws are not

applicable to subcontracts under either

a contract for the acquisition of

commercial items or a subcontract for

the acquisition of commercial items:

(1) 15 U.S.C. 644(d), Requirements

relative to labor surplus areas under the

Small Business Act (see 49 CFR (FAR)

part 19, subpart 19.2);

(2) 41 U.S.C. 43, Walsh-Healey Act

(see 48 CFR (FAR) part 22, subpart

22.6);

(3) 41 U.S.C. 253d, Validation of

Proprietary Data Restrictions (see 48

CFR (FAR) part 27, subpart 27.4);

(4) 41 U.S.C. 254(a) and 10 U.S.C.

2306(b), Contingent Fees (see 48 CFR

(FAR) part 3, subpart 3.4);

(5) 41 U.S.C. 416(a)(6), Minimum

Response Time for Offers under Office

of Federal Procurement Policy Act (see

48 CFR (FAR) part 5, subpart 5.2);

(6) 41 U.S.C. 418a, Rights in

Technical Data (see 48 CFR (FAR) part

27, subpart 27.4);

(7) 41 U.S.C. 701 et seq., Drug-Free

Workplace Act of 1988 (see 48 CFR

(FAR) 23.5);

(8) 46 U.S.C. 1241(b), Transportation

in American Vessels of Government

Personnel and Certain Cargo (see 48

CFR (FAR) part 47, subpart 47.5);

(9) 49 U.S.C. 40118, Fly American

provisions (see 48 CFR (FAR) part 47,

subpart 47.4);

(10) Pub. L. 90–469, William Langer

Jewel Bearing Plant Special Act (see 48

CFR (FAR) part 8, subpart 8.2);
15222 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

(11) 10 U.S.C. 2301, note, as amended

by Section 2091, Pub. L. 103–355,

Payment Protections for Subcontractors

and Suppliers (see 48 CFR (FAR) part

28, subpart 28.1 and part 32, subpart

32.1);

(12) 10 U.S.C. 2241, note (Pub. L.

102–396, Section 9005, as amended by

Pub. L. 103–139, Section 8005),

Limitations on Procurement of Food,

Clothing, and Specialty Metals Not

Produced in the United States (see 48

CFR (DFARS) part 225, subpart 225.70);

(13) 10 U.S.C. 2320, Rights in

Technical Data (see 48 CFR (DFARS)

part 227, subpart 227.4);

(14) 10 U.S.C. 2321, Validation of

Proprietary Data Restrictions (see 48

CFR (DFARS) part 227, subpart 227.4);

(15) 10 U.S.C. 2327, note (Pub. L.

103–160, Section 843), Reporting

Requirement Regarding Dealings with

Terrorist Countries (see 48 CFR

(DFARS) part 209, subpart 209.1);

(16) 10 U.S.C. 2391, note (Pub. L.

101–510, Section 4201(a)(1)(B)),

Notification of Substantial Impact on

Employment (see 48 CFR (DFARS) part

249, subpart 249.70);

(17) 10 U.S.C. 2393, Prohibition

Against Doing Business with Certain

Offerors or Contractors (see 48 CFR

(DFARS) part 209, subpart 209.4);

(18) 10 U.S.C. 2501, note (Pub. L.

103–160, Section 1372), Notification of

Proposed Program Termination (see 48

CFR (DFARS) part 249, subpart 249.70);

(19) 10 U.S.C. 2534, Miscellaneous

Limitations on the Procurement of

Goods other than United States Goods

(see 48 CFR (DFARS) part 225, subparts

225.7004, 225.7007, 225.7010, and

225.7016);

(20) 10 U.S.C. 2631, Cargo Preference

Act (see 48 CFR (DFARS) 247.5); and

(21) National Defense Authorization

Acts, Appropriations Acts, and Other

Statutory Restrictions on Foreign

Purchases as follows: Pub. L. 100–202,

Section 8088, Polyacrylonitrile Based

Carbon Fiber; Pub. L. 101–511, Section

8041, Anchor and Mooring Chain; Pub.

L. 102–172, Section 8111, Carbon, Alloy

and Armor Steel Plates; Pub. L. 102–

396, Section 9108, Four Ton Dolly Jacks;

Pub. L. 102–484, Section 832, Anti

friction Bearings; Pub. L. 103–139,

Section 8090, Aircraft Fuel Cells; Pub.

L. 103–139, Section 8124, Totally

Enclosed Lifeboat Survival Systems;

Pub. L. 103–335, Section 8023,

Supercomputers; Pub. L. 103–335,

Section 8050, Multibeam Sonar

Mapping Systems; Pub. L. 103–335,

Section 8115, Ship Propellers; and Pub.

L. 103–335, Section 8120, 120 mm

Mortars and Ammunition.

(b) Certain requirements of the

following laws have been eliminated for

subcontracts under either a contract for

the acquisition of commercial items or

subcontract for the acquisition of

commercial items:

(1) 33 U.S.C. 1368, Requirement for a

certificate and clause under the Federal

Water Pollution Control Act (see 48 CFR

(FAR) part 23, subpart 23.1);

(2) 40 U.S.C. 327 et seq., Requirement

for a certificate and clause under the

Contract Work Hours and Safety

Standards Act (see 48 CFR (FAR) part

22, subpart 22.3);

(3) 41 U.S.C. 423e(1)(B), Requirement

for certain certifications under the

Procurement Integrity Act (see 48 CFR

(FAR) part 3, subpart 3.1); and

(4) 42 U.S.C. 7606, Requirements for

a certificate and clause under the Clean

Air Act (see 48 CFR (FAR) part 23,

subpart 23.1).

(c) The applicability of the following

laws have been modified in regards to

subcontracts under either a contract for

the acquisition of commercial items or

a subcontract for the acquisition of

commercial items:

(1) 41 U.S.C. 253g and 10 U.S.C. 2402,

Prohibition on Limiting Subcontractor

Direct Sales to the United States (see 48

CFR (FAR) part 3, subpart 3.5);

(2) 41 U.S.C. 254(d) and 10 U.S.C.

2306a, Truth in Negotiations Act (see 48

CFR (FAR) part 15, subpart 15.8); and

(3) 41 U.S.C. 422, Cost Accounting

Standards (see 48 CFR (FAR) part 99).

(d) The FAR prescription, provision

or clause for each of these statutes has

been revised in the appropriate part to

reflect their proper application to the

acquisition of commercial items.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

5. Section 52.212–5 is revised to read

as follows:

52.212–5 Contract Terms and Conditions

Required to Implement Statutes or

Executive Orders—Commercial Items.

As prescribed in 12.302(b)(4), insert

the following clause:

Contract Terms and Conditions Required to

Implement Statutes or Executive Orders—

Commercial Items (XXX 1995)

(a) The Contractor agrees to comply with

the following FAR clauses, which are

incorporated in this contract by reference, to

implement provisions of law or executive

orders applicable to acquisitions of

commercial items:

(1) 52.219–8, Utilization of Small Business

Concerns and Small Disadvantaged Business

Concerns (15 U.S.C. 637 (d)(2) and (3));

(2) 52.222–3, Convict Labor (E.O. 11755);

and

(3) 52.233–3, Protest After Award (31

U.S.C. 3553 and 40 U.S.C. 759).

(b) The Contractor agrees to comply with

the following FAR and FIRMR clauses in this

paragraph (b) that are indicated as being

incorporated in this contract by reference to

implement provisions of law or executive

orders applicable to acquisitions of

commercial items or components:

ll (1) 52.203–6, Restrictions on

Subcontractor Sales to the Government, with

Alternate I (41 U.S.C. 253g and 10 U.S.C.

2402).

ll (2) 52.203–10, Price or Fee

Adjustment for Illegal or Improper Activity

(41 U.S.C. 423).

ll (3) 52.219–14, Limitation on

Subcontracting (15 U.S.C. 637(a)(14)).

ll (4) 52.222–26, Equal Opportunity

(E.O. 11246).

ll (5) 52.222–35, Affirmative Action for

Special Disabled and Vietnam Era Veterans

(38 U.S.C. 2012).

ll (6) 52.222–36, Affirmative Action for

Handicapped Workers (29 U.S.C. 793).

ll (7) 52.222–37, Employment Reports

on Special Disabled Veterans and Veterans of

the Vietnam Era (38 U.S.C. 2012).

ll (8) 52.225–3, Buy American Act—

Supplies (41 U.S.C. 10).

ll (9) 52.225–9, Buy American Act—

Trade Agreements Act—Balance of Payments

Program (41 U.S.C. 10, 19 U.S.C. 2501–2582).

ll (10) 52.225–17, Buy American Act—

Supplies Under European Community

Sanctions for End Products (E.O. 12849).

ll (11) 52.225–18, European Community

Sanctions for End Products (E.O. 12849).

ll (12) 52.225–19, European Community

Sanctions for Services (E.O. 12849).

ll (13) 52.225–21, Buy American Act—

North American Free Trade Agreement

Implementation Act—Balance of Payments

Program (41 U.S.C. 10, Pub. L. 103–187).

ll (14) 52.247–64, Preference for

Privately Owned US Flagged Commercial

Vessels (46 U.S.C. 1241).

ll (15) 201–39.5202–3, Procurement

Authority (FIRMR).

(This acquisition is being conducted under

lll delegation of GSA’s exclusive

procurement authority for FIP resources. The

specific GSA DPA case number is lll.)

(c) The Contractor agrees to comply with

the following FAR clauses in this paragraph

(c), applicable to commercial services, that

are indicated as being incorporated in this

contract by reference to implement

provisions of law or executive orders

applicable to acquisitions of commercial

items or components:

ll (1) 52.222–41, Service Contract Act of

1965, as amended (41 U.S.C. 351, et seq.).

ll (2) 52.222–42, Statement of

Equivalent Rates for Federal Hires (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

ll (3) 52.222–43, Fair Labor Standards

Act and Service Contract Act—Price

Adjustment (Multiple Year and Option

Contracts) (29 U.S.C. 206 and 41 U.S.C. 351

et seq.).

ll (4) 52.222–44, Fair Labor Standards

Act and Service Contract Act—Price

Adjustment (29 U.S.C. 206 and 41 U.S.C. 351

et seq.).

ll (5) 52.222–47, SCA Minimum Wages

and Fringe Benefits Applicable to Successor

Contract Pursuant to Predecessor Contractor

Collective Bargaining Agreement (CBA) (41

U.S.C. 351 et seq.).
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15223

(d) Notwithstanding the requirements of

the clauses in paragraphs (a), (b) or (c) of this

clause, the Contractor is not required to

include any FAR clause, other than those

listed below, in a subcontract for commercial

items or commercial components—

(1) 52.222–26, Equal Opportunity (E.O.

11246);

(2) 52.222–35, Affirmative Action for

Special Disabled and Vietnam Era Veterans

(38 U.S.C. 2012(a)); and

(3) 52.222–36, Affirmative Action for

Handicapped Workers (29 U.S.C. 793).

(End of clause)

6. Section 52.244–XX is added to read

as follows:

52.244–XX Subcontracts for Commercial

Items and Commercial Components.

As prescribed in 44.403, insert the

following clause:

Subcontracts for Commercial Items and

Commercial Components (XXX 1995)

(a) Definition. Commercial item, as used in

this clause, has the meaning contained in the

clause at 52.202–1, Definitions.

Subcontract, as used in this clause,

includes a transfer of commercial items

between divisions, subsidiaries, or affiliates

of the Contractor or subcontractor.

(b) To the maximum extent practicable, the

Contractor shall incorporate, and require its

subcontractors at all levels to incorporate,

commercial items or nondevelopmental

items other than commercial items, as

components of items to be supplied under

this contract.

(c) If in awarding a subcontract for

commercial items an exception under

15.804–1(a) does not apply, the subcontractor

may be required to submit cost or pricing

data and comply with the appropriate clauses

prescribed in FAR Part 15.

(d) Notwithstanding any other clause of

this contract, the Contractor is not required

to include any FAR provision or clause, other

than those listed below and as may be

required by paragraph (c) of this clause, in a

subcontract for commercial items or

commercial components:

(1) 52.203–12, Limitation on Payments to

Influence Certain Federal Transactions (31

U.S.C. 1352);

(2) 52.222–26, Equal Opportunity (E.O.

11246);

(3) 52.222–35, Affirmative Action for

Special Disabled and Vietnam Era Veterans

(38 U.S.C. 2012(a)); and

(4) 52.222–36, Affirmative Action for

Handicapped Workers (29 U.S.C. 793).

(e) The Contractor shall include the terms

of this clause, including this paragraph (e), in

subcontracts awarded under this contract.

(End of clause)

[FR Doc. 95–7120 Filed 3–21–95; 8:45 am]

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