15276 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–32, adopted March 20, 1995, and

released March 20, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, NW, Room 246, or

2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–7122 Filed 3–22–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF DEFENSE

48 CFR Parts 245 and 252

Defense Federal Acquisition

Regulation Supplement;

Demilitarization

AGENCY: Department of Defense (DoD).

ACTION: Supplementary notice of

proposed rulemaking with request for

public comments.

SUMMARY: The Defense Acquisition

Regulations Council is proposing

changes to the Defense FAR Supplement

(DFARS) to cover control of Munitions

List items (MLI) and Strategic List items

(SLI) and demilitarization of excess

property.

DATES: Comments on the proposed rule

should be submitted to the address

shown below on or before May 22, 1995

to be considered in the formulation of

a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Directorate,

ATTN: IMD 3D139, PDUSD (A&T), 3062

Defense Pentagon, Washington, D.C.

20301–3062. FAX (703) 602–0350.

Please cite DFARS Case 92–D024 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: LTC

Ed King; (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on March 16, 1994 (59

FR 12223). The rule proposed

amendments to the DFARS by adding a

subsection at 245.604–70 and a clause at

252.245–7XXX, and by revising 245.601,

245.604, 245,610–4, and 245.7310–1 to

improve control of Munitions List items

(MLI) and Strategic List items (SLI) and

demilitarization of excess contractor

inventory. Twenty comments from four

respondents were received during the

public comment period. After

evaluating the public comments, the

DAR Council agreed to publish another

proposed rule incorporating the

following changes:

—The term ‘‘Security Trade Controls’’ is

changed to read ‘‘Trade Security

Controls.’’

—DFARS 245.604–70(a) and 252.245–

7XXX(b) are rewritten for clarity.

—Subparagraph (b)(4) to DFARS

252.245–7XXX is added to cover

those situations where contractor

acquired property is transferred to

another Government contract and is

treated as Government-Furnished

Property.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act

applies, but the proposed 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 the vast majority of

property to be demilitarized, including

MLI and SLI, is in the custody of large

contractors. An initial Regulatory

Flexibility Analysis (IRFA) has therefore

not been performed. Comments are

invited from small businesses and other

interested parties. Comments from small

entities concerning the affected DFARS

subparts will be considered in

accordance with Section 610 of the Act.

Such comments must be submitted

separately and should cite DAR Case

92–D024 in all correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act applies

because the proposed rule imposes

additional reporting requirements

which require the approval of OMB

under 44 U.S.C. 3501, et seq. On May

10, 1994, OMB approved OMB

Clearance 0704–0363 for 17,500 hours.

That clearance covered the reporting

requirements associated with the

proposed rule published on March 16,

1994 (59 FR 12223). This supplemental

proposed rule imposes an additional

reporting requirement at 252.245–

7XXX(b)(4). As a result, a request for

revision to the previously approved

clearance has been submitted to OMB

reflecting an increase of 2500 hours.

List of Subjects in 48 CFR Parts 245 and

252

Government procurement.

Claudia L. Naugle,

Executive Editor, Defense Acquisition

Regulations Directorate.

Therefore it is proposed that 48 CFR

Parts 245 and 252 be amended as

follows:

1. The authority citation for 48 CFR

Parts 245 and 252 continues to read as

follows:

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

Chapter 1.

2. Section 245.601 is amended by

revising paragraph (2) to read as follows:

§ 245.601 Definitions

* * * * *

(2) Demilitarization is defined in the

clause at 252.245–7XXX,

Demilitarization and Trade Security

Controls.

* * * * *

§ 245.604 [Amended]

3. Section 245.604 is amended by

removing paragraph (3) and

redesignating paragraphs (4) and (5) as

paragraphs (3) and (4).

4. Section 245.604–70 is added to

read as follows:

§ 245.604–70 Demilitarization and security

trade controls.

(a) Contracting officers shall ensure

that solicitations and contracts include

a demilitarization code for each item of

Government-furnished property in

accordance with DoD 4160.21–M–1,

Defense Demilitarization Manual.

(b) Contract clause.

Use the clause at 252.245–7XXX,

Demilitarization and Trade Security

Controls, in solicitations and contracts

whenever Government property is either

furnished to contractors, or whenever

the contractor is authorized to acquire/

manufacture items for the Government’s
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15277

account for use in performance of the

contract.

5. Section 245.7310–1 is amended by

revising paragraph (a) to read as follows:

§ 245.7310–1 Demilitarization.

* * * * *

(a) Demilitarization.

Item(s) llll require demilitarization

by the Purchaser in the manner and to the

degree set forth in the Defense

Demilitarization Manual, DoD 4160.21–M–1.

* * * * *

6. Section 252.245–7XXX is added to

read as follows:

§ 252.245–7XXX Demilitarization and Trade

Security Controls.

As prescribed in 245.604–70(b), use

the following clause:

Demilitarization and Trade Security Controls

(XXX 1995)

(a) Definitions.

Demilitarization means the act of

destroying the military offensive or defensive

advantage inherent in certain types of

equipment or material. The term includes

mutilation, dumping at sea, cutting, crushing,

scrapping, melting, burning or alteration

designed to prevent the further use of this

equipment and material for its originally

intended military or lethal purpose and

applies equally to material in unserviceable

or serviceable condition, that has been

screened through the Inventory Control Point

(ICP) and declared surplus or foreign excess.

Munititions List item means any item

contained in the U.S. Munitions list (22 CFR

Part 121).

Trade Security Controls means control

procedures designed to preclude the sale or

shipment of Munitions List of Strategic List

property to any entity whose interests are

inimical to those of the United States. These

controls are also applicable to such other

selected property as may be designated by

the Deputy Under Secretary of Defense

(Trade Security Policy).

Strategic List item means an item assigned

a code letter ‘‘A’’ or ‘‘B’’ following the export

control classification number (ECCN) on the

Commerce Control List, Supplement No. 1 to

Section 799.1 of the Export Administration

Regulations Department of Commerce.

(b) When Government property becomes

excess to the needs of the Contractor in

performing this contract, the Contractor

shall—

(1) Ensure the appropriate demilitarization

code is included in the item description on

inventory schedules generated to report the

excess Government property, utilizing the

guidelines provided in the Defense

Demilitarization Manual, DoD 4160.21–M–1;

(2) Ensure demilitarization of the items, if

required; and

(3) Apply trade security controls as

required by the Arms Export Control Act and

22 CFR Parts 120–130, the International

Traffic in Arms Regulations; the Export

Administration Act of 1979 and 15 CFR parts

700–799, the Export Administration

Regulations; and DoD 4160.21–M–1, Defense

Demilitarization Manual.

(4) Ensure a demilitarization code is

included in the item description on all

transfer documents when Contractoracquired property is transferred to a follow

on contract, utilizing the guidelines provided

in the Defense Demilitarization Manual, DoD

4160.21–M–1.

(c) The Contractor also shall include this

clause, including this paragraph (c) in any

subcontract issued under this contract.

(End of clause)

[FR Doc. 95–7014 Filed 3–22–95; 8:45 am]

BILLING CODE 3810–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018–AB49

Importation, Exportation, and

Transportation of Wildlife

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; supplemental.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) is proposing additional

changes to its regulations providing for

uniform rules and procedures for the

importation, exportation, and

transportation of wildlife. The Service is

proposing to allow the importation and

exportation of dead, preserved, dried, or

embedded scientific wildlife specimens

by accredited scientists or accredited

scientific institutions at any U.S.

Customs port, or by way of the

international mail. This proposed rule is

a supplement to the Service’s previous

proposal published on September 14,

1994.

DATES: Comments must be submitted on

or before May 22, 1995.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Director, U.S. Fish and Wildlife

Service, P.O. Box 3247, Arlington,

Virginia 22203–3247. Comments and

materials may be hand-delivered to the

U.S. Fish and Wildlife Service, Division

of Law Enforcement, 4401 N. Fairfax

Drive, Room 500, Arlington, Virginia,

between the hours of 8:00 a.m. and 4:00

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Frank Shoemaker, Special Agent in

Charge, Branch of Investigations,

Division of Law Enforcement, telephone

(703) 358–1949.

SUPPLEMENTARY INFORMATION: On

Wednesday, September 14, 1994, the

Service published in the Federal

Register (59 FR 47212) a proposed rule

amending 50 CFR parts 13 and 14. Since

the date of the publication of this prior

proposed rule, the Service has received

numerous inquiries from the scientific

community concerned about the effects

of the Service’s regulations upon the

ordinary scientific exchange of dead,

preserved, dried, or embedded

taxonomic or systematic collection

specimens, or parts thereof, being

imported or exported through the

international mail or by way of ports

other than Service designated ports of

entry. The Service’s proposed rule of

September 14, 1994, made no

substantive changes to the prior

requirements of the existing regulations

related to such matters and only

touched upon such requirements

tangentially. The Service has become

aware, however, in responding to the

numerous public inquiries regarding the

scope of the proposed rule that some

reasonable concerns exist with respect

to its present requirements governing

the importation or exportation of

taxonomic or systematic collection

specimens, or parts thereof, and

acknowledges that some substantive

changes to those requirements are

necessarily in order. The Service,

therefore, is making supplementary

proposals at this time, in addition to

those already published in the proposed

rule of September 14, 1994. The Service

makes these proposals in an effort to

facilitate the importation and

exportation of dead, preserved, dried, or

embedded scientific specimens or parts

thereof, encompassed within the

definition of wildlife, and thereby

alleviate any unnecessary impediments

to scientific exchange its existing

regulations may have imposed.

The Service is proposing to facilitate

the importation or exportation of dead,

preserved, dried, or embedded scientific

taxonomic or systematic collection

specimens, or parts thereof, by

accredited scientists or accredited

institutions by making several changes

in its current regulations. The Service,

in order to clarify its requirements, will

define the terms ‘‘Accredited scientific

institutions’’ and ‘‘Accredited scientist’’

in the definition section provided in

§ 14.4. The term ‘‘Accredited scientific

institutions’’ is defined to include any

public museum, public zoological park,

accredited institution of higher

education, accredited member of the

American Zoological Association,

accredited member of the American

Association of Systematic Collections,

or any State or Federal government

agency that conducts biological or

medical research. The term ‘‘Accredited

scientist’’ is defined to include any

individual associated with, employed

by, or under contract to and accredited