2924 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

amended. Therefore, OMB review is not

required.

List of Subjects

46 CFR Part 515

Freight, Harbors, Reporting and

recordkeeping requirements;

Warehouses.

46 CFR Part 550

Maritime carriers, Reporting and

recordkeeping requirements.

46 CFR Part 580

Freight, Maritime carriers, Reporting

and recordkeeping requirements.

46 CFR Part 581

Freight, Maritime carriers, Reporting

and recordkeeping requirements.

Therefore, pursuant to 5 U.S.C. 553;

sections 17 and 43 of the Shipping Act,

1916 (46 U.S.C. app. 816, 841(a));

sections 2, 3, 4 and 5 of the Intercoastal

Shipping Act, 1933 (46 U.S.C. app. 843,

844, 845, 845(a), 845(b), 847); sections 8,

10 and 17 of the Shipping Act of 1984

(46 U.S.C. app. 1707, 1709, 1716); Parts

515, 550, 580 and 581 of Title 46 of the

Code of Federal Regulations are

proposed to be amended as follows:

Part 515—[Removed]

Part 515 is removed.

Part 550—[Removed]

Part 550 is removed.

Part 580—[Removed]

Part 580 is removed.

Part 581—[Removed]

Part 581 is removed.

By the Commission.

Joseph C. Polking

Secretary.

[FR Doc. 95–707 Filed 1–11–95; 8:45 am]

BILLING CODE 6730–01–W

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 21 and 74

[MM Docket No. 94–131 and PP Docket No.

93–253, DA 95–18]

Filing Procedures in the Multipoint

Distribution Service and in the

Instructional Television Fixed Service,

Including Electronic Filing and

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

time.

SUMMARY: This Order grants a request,

filed by the Wireless Cable Association

International, Inc., for an extension of

time to submit comments in the above

proceeding. The filing date for

comments is currently January 9, 1995,

and the date for filing reply comments

is currently January 24, 1995. Because of

the complex technical issues raised in

this proceeding, the Order extends the

time afforded for filing comments to

January 23, 1995, and the time afforded

for filing reply comments to February 7,

1995.

DATES: Comments must be received on

or before January 23, 1995, and reply

comments must be received on or before

February 7, 1995.

ADDRESSES: Comments and reply

comments may be mailed to Office of

the Secretary, Federal Communications

Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Sharon Bertelsen at (202) 416–0892 or

Jerianne Timmerman at (202) 416–0881,

Video Services Division, Mass Media

Bureau.

SUPPLEMENTARY INFORMATION: The

complete text of the Order Granting

Extension of Time for Filing Comments

and Reply Comments follows. It is also

available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 239, at the

Federal Communications Commission,

1919 M Street, N.W., Washington, D.C.

20554, and it may be purchased from

the Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037, (202) 857–

3800. This Order was adopted January

4, and released January 6, 1995.

By the Chief, Mass Media Bureau:

1. On December 1, 1994, the

Commission released a Notice of

Proposed Rulemaking (Notice), FCC 94–

293, 9 FCC Rcd 7665 (1994), 59 FR

63743 (Dec. 9, 1994), in this proceeding,

soliciting comment on revisions to our

rules and procedures that will improve

the Multipoint Distribution Service

(MDS) application processes. The filing

date for comments is currently January

9, 1995, and the date for filing reply

comments is currently January 24, 1995.

2. On January 3, 1995, the Wireless

Cable Association International, Inc.

(WCAI) filed a request for an extension

of time to submit comments in this

proceeding. WCAI requests that the time

afforded interested parties to submit

comments be extended by two weeks, to

January 23, 1995, and the time afforded

for filing reply comments be extended to

February 7, 1995. WCAI states that the

Commission, in this Notice, proposes a

wide variety of rule changes to govern

the auctioning of MDS licenses and to

regulate the provision of MDS services

in the future. Of particular concern to

WCAI is a possible change in the

definition of protected service area for

MDS stations. WCAI asserts that it has

been working diligently to develop a

proposal that will accommodate the

Commission’s goals without unduly

restricting the wireless cable industry,

and believes that it will be able to

achieve a consensus at a quarterly

meeting of the WCAI Board of Directors

scheduled for January 10, 1995.

3. Pursuant to Section 1.46 of the

Commission’s rules, 47 CFR Section

1.46, it is our policy that extensions of

time for filing comments in rulemaking

proceedings shall not be routinely

granted. However, under the

circumstances described above, we

believe that this brief extension of time

to file comments and reply comments is

warranted in light of the complexity of

technical issues raised in this

proceeding. Accordingly, it is ordered,

that the request for extension of time

filed by the Wireless Cable Association

International, Inc. is granted, the time

for filing comments in this proceeding

is extended to January 23, 1995, and the

time for filing reply comments in this

proceeding is extended to February 7,

1995.

4. This action is taken pursuant to

Sections 4(i) and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. Sections 4(i) and

303(r), and Sections 0.204(b), 0.283 and

1.415 of the Commission’s rules, 47 CFR

Sections 0.204(b), 0.283 and 1.415.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 95–847 Filed 1–11–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Part 231

Defense Federal Acquisition

Regulation Supplement; Internal

Restructuring Costs

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Department of Defense is

proposing to amend the Defense Federal

Acquisition Regulation Supplement to

address the allowability of costs

associated with internal restructuring

activities.
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2925

DATES: Comments on the proposed rule

should be submitted in writing at the

address shown below on or before

March 13, 1995, to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, ATTN:

Mr. Eric R. Mens, PDUSD(A&T)DP/DAR,

IMD 3D139, 3062 Defense Pentagon,

Washington, DC 20301–3062. Telefax

number (703) 602–0350. Please cite

DFARS Case 94–D007 in all

correspondence.

FOR FURTHER INFORMATION CONTACT: Mr.

Eric Mens, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed DFARS rule

supplements an interim DFARS rule

which the Director of Defense

Procurement issued on December 29,

1994, to implement Section 818 of the

National Defense Authorization Act for

Fiscal year 1995 (Public Law 103–337).

The interim DFARS rule imposed

restrictions on the allowability of

restructuring costs associated with a

business combination undertaken by a

defense contractor. While the interim

rule provided policies and procedures

for allowing appropriate contractor costs

which involve external restructuring

activities, it did not address the

allowability of costs associated with

internal restructuring activities.

This proposed DFARS rule states that

contractor costs associated with internal

restructuring activities are unallowable

unless allowable in accordance with

FAR Part 31 and DFARS Part 231; an

audit of projected restructuring costs

and savings is performed; and the ACO

determines that overall reduced costs

should result for DoD and negotiates an

advance agreement with the contractor.

Unlike restructuring costs associated

with external restructuring activities,

certification by the Under Secretary of

Defense (Acquisition & Technology)

concerning projected future savings for

DoD is not required for reimbursement

of the costs associated with internal

restructuring activities.

B. Regulatory Flexibility Act

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 most small entities are not

subject to the contract cost principles in

FAR Part 31 or DFARS Part 231. The

contract cost principles normally apply

where contract award exceeds $500,000

and the price is based on certified cost

or pricing data. This proposed DFARS

rule applies only to defense contractors

which incur restructuring costs

coincident to internal restructuring

activities and are subject to the contract

cost principles. Most contracts awarded

to small entities are awarded on a

competitive, fixed-price basis. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments are invited from small

business entities and other interested

parties. Comments from small entities

concerning the affected DFARS

Subparts will also be considered in

accordance with section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 94–

D007 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) does not apply because the

proposed rule does not impose any

additional reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501

et seq.

List of Subjects in 48 CFR Part 231

Government Procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, it is proposed that 48 CFR

Part 231 be amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

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

Chapter 1.

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

2. Section 231.205–70 is amended by

adding a new paragraph (c) (4) to read

as follows:

231.205–70 Restructuring costs.

* * * * *

(c) Limitations on cost allowability.

* * *

(4) Restructuring costs associated with

internal restructuring activities shall not

be allowed unless—

(i) Such costs are allowable in

accordance with FAR Part 31 and

DFARS Part 231;

(ii) An audit of projected restructuring

costs and restructuring savings is

performed; and

(iii) The cognizant ACO reviews the

audit report and the projected costs and

projected savings, determines that

overall reduced costs should result for

DoD, and negotiates an advance

agreement with the contractor.

* * * * *

[FR Doc. 95–764 Filed 1–11–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 950106–003–5003–01; I.D.

121994A]

RIN 0648–AH01

Pacific Halibut Fisheries; Catch

Sharing Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule and proposed

catch sharing plan.

SUMMARY: NMFS proposes to approve

and implement a 1995 Catch Sharing

Plan (Plan) in accordance with the

Northern Pacific Halibut Act of 1982

(Halibut Act) to allocate the total

allowable catch (TAC) of Pacific halibut

among treaty Indian, non-Indian

commercial, and non-Indian sport

fisheries off the coasts of Washington,

Oregon, and California (International

Pacific Halibut Commission (IPHC)

Statistical Area 2A). This proposed Plan

is based on the recommendations of the

Pacific Fishery Management Council

(Council). This action is necessary to

allocate the harvestable resources

among the states in a manner that

responds to the dynamics and growth in

a sport fishery and growth in a tribal

fishery. The action is intended to

allocate harvestable resources among

user groups under the provisions of the

Halibut Act to carry out the objectives

of the IPHC and the Council.

DATES: Comments on the Plan must be

received on or before January 19, 1995;

comments on the remainder of the

proposed rule must be received on or

before February 20, 1995.

ADDRESSES: Send comments to William

Stelle, Jr., Director, Northwest Region,

NMFS, 7600 Sand Point Way NE,

Seattle, WA 98115.

FOR FURTHER INFORMATION CONTACT: Joe

Scordino, 206–526–6140.

SUPPLEMENTARY INFORMATION: The

Northern Pacific Halibut Act of 1982 at

16 U.S.C. 773c provides that the

Secretary of Commerce (Secretary) shall

have general responsibility to carry out