Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17253

(1) Making an administrative offset

against other requests for

reimbursements.

(2) Withholding advance payments

otherwise due to the recipient.

(3) Taking other action permitted by

statute.

(b) Except as otherwise provided by

law, the Federal awarding agency shall

charge interest on an overdue debt in

accordance with 4 CFR chapter II,

‘‘Federal Claims Collection Standards.’’

Appendix A to Subpart F—Contract

Provisions

All contracts awarded by a recipient,

including small purchases, shall contain the

following provisions as applicable:

1. Equal Employment Opportunity—All

contracts shall contain a provision requiring

compliance with E.O. 11246, ‘‘Equal

Employment Opportunity,’’ as amended by

E.O. 11375, ‘‘Amending Executive Order

11246 Relating to Equal Employment

Opportunity,’’ and as supplemented by

regulations at 41 CFR part 60, ‘‘Office of

Federal Contract Compliance Programs,

Equal Employment Opportunity, Department

of Labor.’’

2. Copeland ‘‘Anti-Kickback’’ Act (18

U.S.C. 874 and 40 U.S.C. 276c)—All

contracts and subgrants in excess of $100,000

for construction or repair awarded by

recipients and subrecipients shall include a

provision for compliance with the Copeland

‘‘Anti-Kickback’’ Act (18 U.S.C. 874), as

supplemented by Department of Labor

regulations (29 CFR part 3, ‘‘Contractors and

Subcontractors on Public Building or Public

Work Financed in Whole or in Part by Loans

or Grants from the United States’’). The Act

provides that each contractor or subrecipient

shall be prohibited from inducing, by any

means, any person employed in the

construction, completion, or repair of public

work, to give up any part of the

compensation to which he is otherwise

entitled. The recipient shall report all

suspected or reported violations to the

Federal awarding agency.

3. Davis-Bacon Act, as amended (40 U.S.C.

276a to a–7)—When required by Federal

program legislation, all construction

contracts awarded by the recipients and

subrecipients of more than $2,000 shall

include a provision for compliance with the

Davis-Bacon Act (40 U.S.C. 276a to a–7) and

as supplemented by Department of Labor

regulations (29 CFR part 5, ‘‘Labor Standards

Provisions Applicable to Contracts Governing

Federally Financed and Assisted

Construction’’). Under this Act, contractors

shall be required to pay wages to laborers and

mechanics at a rate not less than the

minimum wages specified in a wage

determination made by the Secretary of

Labor. In addition, contractors shall be

required to pay wages not less than once a

week. The recipient shall place a copy of the

current prevailing wage determination issued

by the Department of Labor in each

solicitation and the award of a contract shall

be conditioned upon the acceptance of the

wage determination. The recipient shall

report all suspected or reported violations to

the Federal awarding agency.

4. Contract Work Hours and Safety

Standards Act (40 U.S.C. 327–333)—Where

applicable, all contracts awarded by

recipients in excess of $100,000 for

construction contracts and for other contracts

that involve the employment of mechanics or

laborers shall include a provision for

compliance with sections 102 and 107 of the

Contract Work Hours and Safety Standards

Act (40 U.S.C. 327–333), as supplemented by

Department of Labor regulations (29 CFR part

5). Under section 102 of the Act, each

contractor shall be required to compute the

wages of every mechanic and laborer on the

basis of a standard work week of 40 hours.

Work in excess of the standard work week is

permissible provided that the worker is

compensated at a rate of not less than 11⁄2

times the basic rate of pay for all hours

worked in excess of 40 hours in the work

week. Section 107 of the Act is applicable to

construction work and provides that no

laborer or mechanic shall be required to work

in surroundings or under working conditions

which are unsanitary, hazardous or

dangerous. These requirements do not apply

to the purchases of supplies or materials or

articles ordinarily available on the open

market, or contracts for transportation or

transmission of intelligence.

5. Rights to Inventions Made Under a

Contract or Agreement—Contracts or

agreements for the performance of

experimental, developmental, or research

work shall provide for the rights of the

Federal Government and the recipient in any

resulting invention in accordance with 37

CFR part 401, ‘‘Rights to Inventions Made by

Nonprofit Organizations and Small Business

Firms Under Government Grants, Contracts

and Cooperative Agreements,’’ and any

implementing regulations issued by the

awarding agency.

6. Clean Air Act (42 U.S.C. 7401 et seq.)

and the Federal Water Pollution Control Act

(33 U.S.C. 1251 et seq.), as amended—

Contracts and subgrants of amounts in excess

of $100,000 shall contain a provision that

requires the recipient to agree to comply with

all applicable standards, orders or regulations

issued pursuant to the Clean Air Act (42

U.S.C. 7401 et seq.) and the Federal Water

Pollution Control Act as amended (33 U.S.C.

1251 et seq.). Violations shall be reported to

the Federal awarding agency and the

Regional Office of the Environmental

Protection Agency (EPA).

7. Byrd Anti-Lobbying Amendment (31

U.S.C. 1352)—Contractors who apply or bid

for an award of more than $100,000 shall file

the required certification. Each tier certifies

to the tier above that it will not and has not

used Federal appropriated funds to pay any

person or organization for influencing or

attempting to influence an officer or

employee of any agency, a member of

Congress, officer or employee of Congress, or

an employee of a member of Congress in

connection with obtaining any Federal

contract, grant or any other award covered by

31 U.S.C. 1352. Each tier shall also disclose

any lobbying with non-Federal funds that

takes place in connection with obtaining any

Federal award. Such disclosures are

forwarded from tier to tier up to the

recipient.

8. Debarment and Suspension (E.O.s 12549

and 12689)—No contracts shall be made to

parties listed on the General Services

Administration’s ‘‘Lists of Parties Excluded

from Federal Procurement or

Nonprocurement Programs’’ in accordance

with E.O.s 12549 and 12689, ‘‘Debarment and

Suspension.’’ This list contains the names of

parties debarred, suspended, or otherwise

excluded by agencies, and contractors

declared ineligible under statutory or

regulatory authority other than E.O. 12549.

Contractors with awards that exceed the

small purchase threshold shall provide the

required certification regarding their

exclusion status and that of their principals.

[FR Doc. 95–8175 Filed 4–4–95; 8:45 am]

BILLING CODE 4310–RF–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–278; RM–8344]

Radio Broadcasting Services; Pequot

Lakes, MN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

261A to Pequot Lakes, Minnesota, as

that community’s second FM broadcast

service in response to a petition filed by

Minnesota Christian Broadcasters, Inc.

See 58 FR 62318, November 26, 1993.

Canadian concurrence has been

obtained for this allotment at

coordinates 46–36–11 and 94–18–33

without a site restriction. With this

action, this proceeding is terminated.

DATES: Effective May 12, 1995. The

window period for filing applications

for Channel 261A at Pequot Lakes will

open on May 12, 1995, and close on

June 12, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 93–278,

adopted March 21, 1995, and released

March 28, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

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 Services, Inc., 2100 M

Street, NW, Suite 140, Washington, D.C.

20037, (202) 857–3800.
17254 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by adding Pequot Lakes,

Channel 261A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–7945 Filed 4–4–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Parts 552, 554, 573, 576, and

577

[Docket No. 93–68; Notice 2]

RIN 2127–AD83

Petitions for Rulemaking, Defect and

Noncompliance Orders; Standards

Enforcement and Defect

Investigations; Defect and

Noncompliance Reports; Record

Retention; and Defect and

Noncompliance Notification

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Final rule.

SUMMARY: The National Highway Traffic

Safety Administration (NHTSA) is

amending several provisions of its

regulations that pertain to its

enforcement of the provisions of

Chapter 301 of Title 49 of the United

States Code (49 U.S.C. 30101–169,

formerly the National Traffic and Motor

Vehicle Safety Act), with respect to

manufacturers’ obligations to provide

notification and remedy without charge

to owners of motor vehicles or items of

motor vehicle equipment that have been

determined not to comply with a

Federal motor vehicle safety standard or

to contain a defect related to motor

vehicle safety.

Some of the rules published today

implement provisions added by the

Intermodal Surface Transportation

Efficiency Act of 1991 (ISTEA),

regarding requirements for notification

of certain vehicle lessees and for a

second notification to owners of

recalled vehicles and items of motor

vehicle equipment in the event that

NHTSA determines that the original

notification has not resulted in an

adequate number of vehicles or items of

equipment being returned for remedy.

This rule also amends the regulation

governing NHTSA’s consideration of

petitions for rulemaking or for an

investigation of an alleged safety-related

defect or a noncompliance with a

Federal motor vehicle safety standard

(49 CFR part 552) and NHTSA’s

procedures following an initial

determination that a safety-related

defect exists. 49 CFR part 554. The rule

also makes several changes in the

regulations governing the form and

content of defect and noncompliance

reports submitted to NHTSA by

manufacturers (49 CFR part 573); and to

the agency’s record retention

requirements. 49 CFR part 576. Finally,

this rule amends various sections of 49

CFR part 577 regarding the requirements

for notification to owners, purchasers,

dealers and lessees of safety-related

defects and noncompliances.

DATES: Effective date: The amendments

made in this rule are effective May 5,

1995.

Any petitions for reconsideration

must be received by NHTSA no later

than May 5, 1995.

ADDRESSES: Any petitions for

reconsideration should refer to the

docket and notice number of this notice

and be submitted to: Docket Section,

Room 5109, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590.

(Docket Room hours are 9:30 a.m.–4

p.m., Monday through Friday.)

FOR FURTHER INFORMATION CONTACT:

Jonathan D. White, Office of Defects

Investigation, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, room 5319, Washington, DC

20590; (202) 366–5227.

SUPPLEMENTARY INFORMATION: These

amendments are being adopted by

NHTSA after considering comments

received from numerous sources in

response to a Notice of Proposed

Rulemaking (NPRM) published on

September 27, 1993. 58 FR 50314.

NHTSA received comments on some or

all of the proposed amendments from

the following: ABAS Marketing, Inc.

(Strait Stop); American Honda Motor

Company (Honda); American

Automobile Manufacturers Association

(AAMA); Association of International

Automobile Manufacturers (AIAM);

Advocates for Highway and Auto Safety

(Advocates); AM General Corporation

(AM General); Blue Bird Body Company

(Blue Bird); CIMS; Center for Auto

Safety (CAS); Fleetwood Enterprises,

Inc. (Fleetwood); The Kelly-Springfield

Tire Company (Kelly-Springfield);

Motor and Equipment Manufacturers’

Association (MEMA); Mack Trucks, Inc.

(Mack); Midland-Grau Heavy Duty

Systems, Inc. (a subsidiary of Echlin,

Inc.) (Midland); Navistar International

Transportation Corporation (Navistar);

National Automobile Dealers

Association (NADA); R.L. Polk &

Company (Polk); Sierra Products, Inc.

(Sierra); Truck Manufacturers; Toyota

Motor Corporate Services of North

America (Toyota); and Volkswagen of

America, Inc (Volkswagen). The reasons

for the proposals were fully discussed in

the NPRM.

Not all of the amendments proposed

in the NPRM are being adopted as final

rules today. With respect to the

proposed amendment of 49 CFR part

577 regarding the duty of manufacturers

to notify dealers of defects and

noncompliances that are determined to

exist, discussed in the NPRM (see 58 FR

at 50320), NHTSA has decided that it

needs additional time to consider the

appropriate action to take in light of the

issues raised by some of the

commenters. Since these issues do not

affect the remaining proposed

amendments, the agency has decided to

issue a final rule with respect to those

amendments while it resolves the issues

relating to dealer notification.

The regulatory provisions amended

by this final rule implement the

National Traffic and Motor Vehicle

Safety Act of 1966, as amended (‘‘Act’’),

which was originally set out at 15 U.S.C.

1381 et seq. Recently, as part of a

comprehensive codification of

transportation laws, the Act was

reenacted as Chapter 301 of Title 49 of

the United States Code. Pub.L. 103–272

(July 5, 1994). Congress specified in

section 6(a) of the statute that the

codification is not to be construed as

making any substantive changes, but

changed the wording of almost every

section. Some of these changes affect the

wording of sections of NHTSA’s

regulations that are being amended in

this final rule. The agency believes it is

desirable that the language of its

regulations be consistent with that used

in the statute. Therefore, this rule also

makes technical amendments to the

regulations covered by this notice to

make their wording conform to the

language used in the recodification. Any

such amendments will be noted in the

appropriate section of the preamble. The

agency emphasizes that, because