Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15503

annual reports to the cognizant

contracting officer regarding

participating prime contractor’s

performance in the program for use in

the award fee determination process.

1819.7218 Program review.

At the conclusion of each year in the

mentor-protege program, the prime

contractor and protege, as appropriate,

will formally brief the NASA mentorprotege program manager, the technical

program manager and the contracting

officer regarding program

accomplishments as pertains to the

approved agreement. This review will

be incorporated into the normal

program review, where applicable. A

separate review will be scheduled for

other contracts to be held at the NASA

work site location.

1819.7219 Solicitation provision and

contract clauses.

(a) The contracting officer shall insert

the clause at 1852.219–77, NASA

Mentor-Protege Program, in all

solicitations and contracts with

subcontracting plans or in the case of

small business set-asides exceeding

$500,000 ($1,000,000 for construction)

that offer subcontracting opportunities.

(b) The contracting officer shall insert

the provision at 1852.219–78,

Evaluation of Prime Contractor

Participation in the Mentor-Protege

Program, in all solicitations containing

the provisions at 1852.219–77, NASA

Mentor-Protege Program and FAR

52.219–9, Small Business and Small

Disadvantaged Business Subcontracting

Plan.

(c) The contracting officer shall insert

the clause at 1852.219–79, Mentor

Responsibility and Evaluation, in

contracts where the prime contractor is

a participant in the NASA MentorProtege Program.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

a. Sections 1852.219–77, 1852.219–

78, and 1852.219–79 are added to read

as follows:

1852.219–77 NASA Mentor-Protege

Program.

As prescribed in 1819.7219(a), insert

the following provision:

NASA Mentor Protege Program (Jan. 1994)

(a) Prime contractors, including certain

small businesses, are encouraged to

participate in the NASA pilot mentor-protege

program for the purpose of providing

developmental assistance to eligible protege

entities to enhance their capabilities and

increase their participation in NASA

contracts.

(b) The pilot program consists of:

(1) Mentor firms, which are large prime

contractors with at least one active

subcontracting plan or eligible small

businesses;

(2) Protege, which are subcontracting

under the prime contractor, include Small

Disadvantaged Business (SDB) concerns

including women-owned small businesses,

Historically Black Colleges and Universities,

and Minority Institutions, as those terms are

defined in NASA FAR Supplement

1819.7202.

(3) Mentor-protege agreements, approved

by the NASA Office of Small and

Disadvantaged Business Utilization

(OSDBU);

(4) Potential of payment of additional

award fee for voluntary participation and

successful performance in the mentor-protege

program.

(c) Mentor participation in the program,

described in 48 CFR 1819.72, means

providing technical, managerial and financial

assistance to aid proteges in developing

requisite high-tech expertise and business

systems to compete for and successfully

perform NASA contracts and subcontracts.

(d) Contractors interested in participating

in the pilot program are encouraged to

contact the NASA OSDBU, Washington, DC

20546, (202) 358–2088, for further

information. (End of clause)

1852.219–78 Evaluation of Prime

Contractor Participation in the NASA

Mentor Protege Program.

As prescribed in 1819.7219(b), insert

the following provision:

Evaluation of Prime Contractor Participation

in the NASA Mentor-Protege Program (DEC

1994)

NASA will consider (evaluate) the

proposed participation and extent of

developmental assistance to be provided by

a prime contractor to protege firms as an

approved Mentor in the NASA MentorProtege Program under the SDB Utilization

subfactor under Mission Suitability.

1852.219–79 Mentor Requirements and

evaluation.

As prescribed in 1819–7219(c), insert

the following provision:

Mentor Requirements and Evaluation (DEC

1994)

(a) The purpose of the NASA MentorProtege Program (s) is for a NASA prime

contractor to provide developmental

assistance to certain subcontractors

qualifying as proteges. Eligible proteges

include Small Disadvantaged Business

concerns including women-owned small

businesses, Historically Black Colleges and

Universities, and Minority Institutions, as

those terms are defined in NASA FAR

Supplement 1819.7202.

(b) NASA will evaluate the contractor’s

performance through the Performance

Evaluation process. The evaluation will

consider the following:

(1) Specific actions taken by the contractor,

during the evaluation period, to increase the

participation of proteges as subcontractors

and suppliers;

(2) Specific actions taken by the contractor

during this evaluation period to develop the

technical and corporate administrative

expertise of a protege as defined in the

agreement;

(3) To what extent the Protege has met the

developmental objectives in the agreement;

and

(4) To what extent the firm’s participation

in the Mentor-Protege Program resulted in

the Protege receiving competitive contract(s)

and subcontract(s) from private firms and

agencies other than the Mentor.

(c) Semi-annual reports shall be submitted

by the mentor to the NASA mentor-protege

program manager, NASA Headquarters

OSDBU to include information as outlined in

1819.7206(b).

(d) The Mentor will notify the OSDBU and

the contracting officer, in writing, at least 30

days in advance of the mentor firm’s intent

to voluntarily withdraw from the program or

upon receipt of a Protege’s notice to

withdraw from the Program;

(e) Mentor and protege firms will submit a

‘‘lessons learned’’ evaluation to the NASA

OSDBU at the conclusion of the pilot

program period or the conclusion of their

effort which ever comes first. At the

conclusion of each year in the mentorprotege program, the prime contractor and

protege, as appropriate, will formally brief

the NASA mentor-protege program manager,

the technical program manager, and the

contracting officer during a formal program

review regarding program accomplishments

as pertains to the approved agreement.

(f) NASA may terminate Mentor-Protege

agreements and exclude Mentor or Protege

firms from participating in the NASA

program if NASA determines that such

actions are in NASA’s interest. These actions

shall be approved by the NASA OSDBU.

NASA shall terminate an agreement by

delivering to the contractor a Notice

specifying the reason for termination and the

effective date. Termination of an agreement

does not constitute a termination of the

subcontract between the mentor and the

protege. A plan for accomplishing the

subcontract effort should the agreement be

terminated shall be submitted with the

agreement as required in 1819.7213(h).

(End of clause)

[FR Doc. 95–7051 Filed 3–23–95; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 501

Organization and Delegation of Powers

and Duties

AGENCY: National Highway Traffic

Safety Administration (NHTSA), (DOT).

ACTION: Final rule.

SUMMARY: This final rule revises the

regulations on the organization of and

delegations of powers and duties within
15504 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

NHTSA to reflect changes in the titles

of two agency officials. The official

formerly known as the Associate

Administrator for Rulemaking is now

the Associate Administrator for Safety

Performance Standards. The NHTSA

official formerly known as the Associate

Administrator for Enforcement is now

the Associate Administrator for Safety

Assurance.

EFFECTIVE DATE: March 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Dorothy Nakama, Office of the Chief

Counsel, NHTSA, 400 Seventh Street,

SW, Room 5219, Washington, DC 20590.

Ms. Nakama’s telephone number is:

(202) 366–2992.

SUPPLEMENTARY INFORMATION: This final

rule revises the regulations on the

organization of and delegations of

powers and duties within the National

Highway Traffic Safety Administration

(NHTSA) to reflect changes in the titles

of two agency officials. The official

formerly known as the Associate

Administrator for Rulemaking is now

the Associate Administrator for Safety

Performance Standards. The official

formerly known as the Associate

Administrator for Enforcement is now

the Associate Administrator for Safety

Assurance. Accordingly, all references

in part 501 to ‘‘Associate Administrator

for Rulemaking’’ are revised to read

‘‘Associate Administrator for Safety

Performance Standards.’’ All references

in part 501 to ‘‘Associate Administrator

for Enforcement’’ are revised to read

‘‘Associate Administrator for Safety

Assurance.’’

These amendments relate solely to

changes in titles of NHTSA officials,

and have no substantive effect. As

matters relating to agency management,

they are not covered by the notice and

comment or the effective date

requirements of the Administrative

Procedure Act. In addition, they are not

covered by Executive Order 12866 or

the Department of Transportation’s

regulatory policies and procedures.

Notice and the opportunity for comment

are, therefore, not required, and these

amendments are effective immediately

upon publication in the Federal

Register.

List of Subjects in 49 CFR Part 501

Authority, Delegations.

In consideration of the foregoing, 49

CFR 501 is amended as follows:

PART 501—[AMENDED]

1. The authority citation for Part 501

continues to read as follows:

Authority: 49 U.S.C. sections 105 and 322;

delegation of authority at 49 CFR 1.50.

§§ 501.3, 501.4, 501.8 [Amended]

2. In 49 CFR part 501, remove the

words ‘‘Associate Administrator for

Rulemaking’’ and add, in their place,

the words ‘‘Associate Administrator for

Safety Performance Standards’’ in the

following places:

(a) Section 501.3(c)(1) paragraph

heading;

(b) Section 501.4(d);

(c) Section 501.8(f) paragraph

heading; and

(d) Section 501.8(f).

3. In 49 CFR part 501, remove the

words ‘‘Associate Administrator for

Enforcement’’ and add, in their place,

the words ‘‘Associate Administrator for

Safety Assurance’’ in the following

places:

(a) Section 501.3(c)(2) paragraph

heading;

(b) Section 501.4(e);

(c) Section 501.8(f);

(d) Section 501.8(g) paragraph

heading; and

(e) Section 501.8(g).

Issued on: March 20, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–7349 Filed 3–23–95; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 93–78, Notice 02]

RIN No. 2127–AE96

Federal Motor Vehicle Safety

Standards; Designated Seating

Position

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule amends the

definition of ‘‘designated seating

position’’ found in 49 CFR 571.3,

Definitions, to provide that for the sole

purpose of determining the vehicle type

classification of a vehicle sold to

transport school children, any location

in the vehicle intended for securement

of an occupied wheelchair during

vehicle operation will be regarded as 4

designated seating positions. NHTSA is

issuing this rule to ensure that smaller

school buses remain classified as school

buses, and thus subject to the

comprehensive school bus safety

standards, when seats are removed to

install wheelchair securement locations.

This rule will assure that students being

transported in vehicles accommodating

wheelchairs will be afforded the same

level of occupant protection as other

students transported in school buses.

DATES: The amendment promulgated by

this final rule will become effective

March 25, 1996.

Manufacturers may voluntarily

comply with the amendment

promulgated by this final rule on or

after April 24, 1995.

Any petitions for reconsideration

must be received by NHTSA not later

than April 24, 1995.

ADDRESSES: Petitions for reconsideration

should refer to the docket and number

of this document and be submitted to:

Administrator, Room 5220, National

Highway Traffic Safety Administration,

400 Seventh Street S.W., Washington,

D.C., 20590.

FOR FURTHER INFORMATION CONTACT:

Mr. Charles Hott, Office of Vehicle

Safety Standards, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Room 5320,

Washington, DC 20590. Telephone:

(202) 366–0247.

SUPPLEMENTARY INFORMATION:

Background

This rule amends the definition of

‘‘designated seating position’’ found in

49 CFR 571.3, Definitions, to respond to

an issue that arose in a rulemaking

concerning a Federal motor vehicle

safety standard (Standard) applying to

school buses. The rulemaking amended

Standard No. 222, School Bus Passenger

Seating and Crash Protection, to require

school buses designed to transport

persons in wheelchairs to have

wheelchair securement devices

(wheelchair restraints) and wheelchair

occupant restraint systems meeting

specified performance requirements (58

FR 4586; January 15, 1993). School bus

manufacturers typically remove seats

from a vehicle to install wheelchair

restraints. Removing seats can affect a

vehicle’s classification and the

standards that apply to it.

One of the important factors used by

NHTSA in classifying vehicles is seating

capacity. For example, NHTSA

determines whether a vehicle is a ‘‘bus’’

or a ‘‘multipurpose passenger vehicle’’

(MPV) based primarily on passenger

seating capacity. The definition of a bus

is found in title 49 CFR 571.3,

‘‘Definitions.’’ In that section, a bus is

defined as a passenger motor vehicle

designed to carry more than 10 persons

(i.e., 10 or more passengers and a

driver). An MPV is designed to carry 10

or fewer persons.

The agency determines a vehicle’s

seating capacity by counting the number

of ‘‘designated seating positions’’ in the

vehicle. That term is defined in section

571.3 as follows: