18030 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

pumps handling polymerizing

monomers, 2,000 parts per million or

greater for pumps in food/medical

service or pumps subject to

§ 63.163(b)(iii)(C), or 500 parts per

million or greater for valves, connectors,

instrumentation systems, and pressure

relief devices is measured, a leak is

detected.

* * * * *

8. Section 63.181 is amended by

redesignating paragraph (b)(9) as

paragraph (b)(9)(i), by redesignating

paragraph (e)(2) as paragraph (b)(9)(ii),

and by reserving paragraph (e)(2).

§ 63.181 Recordkeeping requirements.

9. Section 63.182 is amended by

adding two sentences to paragraph

(d)(1) and by removing and reserving

paragraphs (d)(2)(x) and (xii) to read as

follows:

§ 63.182 Reporting requirements.

* * * * *

(d) * * *

(1) * * * The first periodic report shall

cover the first 6 months after the

compliance date specified in

§ 63.100(k)(3) of subpart F. Each

subsequent periodic report shall cover

the 6 month period following the

preceding period.

* * * * *

Subpart I—National Emission

Standards for Organic Hazardous Air

Pollutants for Certain Processes

Subject to the Negotiated Regulation

for Equipment Leaks.

10. Section 63.191 is amended by

adding in alphbertical order a definition

for ‘‘research and development facility’’

to paragraph (b) to read as follows:

§ 63.191 Definitions.

(b) * * *

Research and development facility

means laboratory and pilot plant

operations whose primary purpose is to

conduct research and development into

new processes and products, where the

operations are under the close

supervision of technically trained

personnel, and is not engaged in the

manufacture of products except in a

deminimis manner.

* * * * *

11. Section 63.192 is amended by

redesignating paragraph (b)(6) as

paragraph (b)(6)(i) and adding paragraph

(b)(6)(ii) to read as follows:

§ 63.192 Standard.

* * * * *

(b) * * *

(6)(i) * * *

(ii) The operational and maintenance

requirements of § 63.6(e). The startup,

shutdown, and malfunction plan

requirement of § 63.6(e)(3) is limited to

control devices subject to the provisions

of subpart H of part 63 and is optional

for other equipment subject to subpart

H. The startup, shutdown, and

malfunction plan may include written

procedures that identify conditions that

justify a delay of repair.

* * * * *

[FR Doc. 95–8198 Filed 4–7–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7131

[NV–930–1430–01; NV–57922]

Withdrawal of Public Land to the

United States Air Force; Nevada

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws

3,972.04 acres of public land from

surface entry, mining, and mineral

leasing until November 6, 2001, for the

United States Air Force to provide a

safety and security buffer between

public land administered by the Bureau

of Land Management and withdrawn

land under the jurisdiction of the Nellis

Air Force Range.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis Samuelson, BLM Nevada State

Office, P.O. Box 12000, Reno, Nevada

89520, (702) 785–6507.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)),

and from leasing under the mineral

leasing laws, to provide a safety and

security buffer for the United States Air

Force at Nellis Range:

Mount Diablo Meridian

T. 6 S., R. 56 E., unsurveyed

Sec. 25;

Sec. 36.

T. 7 S., R. 56 E., unsurveyed

Sec. 1;

Sec. 13, W1⁄2;

Sec. 24, NW1⁄4.

T. 6 S., R. 57 E.,

Sec. 30, lots 1 to 4, inclusive, and E1⁄2W1⁄2;

Sec. 31, lots 1 to 4, inclusive, and E1⁄2W1⁄2,

E1⁄2.

T. 7 S., R 57 E.,

Sec. 6, lots 1 to 7, inclusive, S1⁄2NE1⁄4,

SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4.

The area described contains 3,972.04 acres

in Lincoln County.

2. This withdrawal will expire on

November 6, 2001, unless, as a result of

a review conducted before the

expiration date pursuant to Section

204(f) of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714(f) (1988), the Secretary determines

that the withdrawal shall be extended.

Bob Armstrong,

Assistant Secretary of the Interior

[FR Doc. 95–8756 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–HC–P

DEPARTMENT OF ENERGY

48 CFR Parts 915, 916 and 970

RIN 1991–AB19

Acquisition Regulation: Certified Cost

or Pricing Data Threshold and

Requirements for a Determination and

Findings for Use of CostReimbursement Contracts

AGENCY: Department of Energy.

ACTION: Interim rule and request for

comment.

SUMMARY: The Department of Energy is

issuing an interim rule increasing the

threshold for certified cost or pricing

data from $100,000 to $500,000 and

deleting the requirement for

determinations and findings for use of

cost reimbursement contracts. These

changes are required by the Federal

Acquisition Streamlining Act of 1994

and subsequent changes to the Federal

Acquisition Regulation (FAR).

DATES: Effective Date: April 10, 1995.

Comment Date: Written comments

must be submitted no later than June 9,

1995.

ADDRESSES: Comments should be

addressed to: Terrence D. Sheppard,

Business and Financial Policy Division

(HR–521.2), Office of Procurement and

Assistance Management, Department of

Energy, 1000 Independence Avenue

SW., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Terrence D. Sheppard, (202) 586–8174.

SUPPLEMENTARY INFORMATION:

I. Background

II. Public Comments

III. Procedural Requirements

A. Review Under Executive Order 12866

B. Review Under Executive Order 12778

C. Review Under the Paperwork Reduction

Act
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 18031

D. Review Under the National

Environmental Policy Act

E. Review Under Executive Order 12612

I. Background

Pursuant to section 644 of the

Department of Energy Organization Act

(Pub. L. 95–91, 42 U.S.C. 7254), the

Secretary of Energy is authorized to

prescribe such procedural rules and

regulations as may be deemed necessary

or appropriate to accomplish the

functions vested in the Secretary. In

accordance with this authority, the

Department of Energy Acquisition

Regulation (DEAR) (48 CFR Chapter 9)

was promulgated with an effective date

of April 1, 1984 (49 FR 11922, March

28, 1984).

The Federal Acquisition Streamlining

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

provides authorities that streamline the

acquisition process and minimize

burdensome government-unique

requirements. This notice announces an

interim rule which amends the DEAR

based on certain provisions in the Act.

In particular, Section 1251 of the Act,

which was implemented in the FAR

under FAR Case 94–720 (59 FR 62498,

December 5, 1994), increases the

threshold for obtaining certified cost or

pricing data from $100,000 to $500,000,

and section 1071 of the Act, which was

implemented in the FAR under FAR

Case 94–700, (59 FR 64784, December

15, 1994), repealed the requirement for

a determination and finding regarding

use of a cost-type or incentive contract.

This interim rule is intended solely to

make the changes necessary to

implement those limited portions of the

Act. More extensive changes to

implement other portions of the Act will

be made subsequently.

A detailed list of changes follows:

1. The authority for Parts 915 and 916

is restated.

2. Subsection 915.804–70 is amended

by deleting the parenthetical

‘‘(proposals of $100,000 or less).’’ There

is no need to specify the new threshold

($500,000), because it is stated in the

FAR and is the same for all federal

agencies. In addition, the FAR provides

that this threshold will be subject to

adjustment effective October 1, 1995

and every five years thereafter.

3. Subsection 916.301–3 is deleted in

its entirety as the statutory requirement

to prepare a determination and finding

has been repealed by Section 1071 of

the Act.

4. The authority for Part 970 is

amended by deleting the references to

41 U.S.C. 420 and 42 U.S.C. 7256a. The

former was repealed by Section 2191 of

the Act and the latter is unnecessary in

light of the authority provided by 42

U.S.C. 2201 and 42 U.S.C. 7254.

5. Subsection 970.5204–24 is

amended by deleting the specific

references to the $100,000 threshold and

replacing it with references to the FAR

cost or pricing data threshold

established in FAR 15.804–2(a)(1).

Affected paragraphs are (a), (a)(2), (c),

(d), (f), and NOTE (b).

6. Subsection 970.7104–11 is

amended at paragraphs (a)(1)(i) and (ii)

by deleting the specific dollar threshold

and substituting a reference to the FAR

threshold.

II. Public Comments

The regulatory changes described

above are not discretionary with the

Department. Accordingly, the

Department has not published a general

notice of proposed rulemaking.

Nevertheless, the Department is

providing an opportunity to comment

on any relevant matter that may have

been overlooked. Interested persons are

invited to participate by submitting

data, views, or arguments with respect

to the interim final Department of

Energy Acquisition Regulation

amendments set forth in this notice.

Three copies of written comments

should be submitted to the address

indicated in the ‘‘ADDRESSES’’ section

of this notice. All comments received

will be available for public inspection in

the DOE Reading Room, Room 1E–190,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585,

between the hours of 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. All written comments

received by the date indicated in the

‘‘DATES’’ section of this notice and all

other relevant information in the record

will be carefully assessed and fully

considered prior to publication of the

final rule. Any information considered

to be confidential must be so identified

and submitted in writing, one copy

only. DOE reserves the right to

determine the confidential status of the

information and to treat it according to

our determination (See 10 CFR 1004.11).

III. Procedural Requirements

A. Review Under Executive Order 12866

Today’s regulatory action has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ (58 FR 51735, October 4,

1993). Accordingly, this action was not

subject to review under that Executive

Order by the Office of Information and

Regulatory Affairs of the Office of

Management and Budget (OMB).

B. Review Under Executive Order 12778

Section 2 of Executive Order 12778

instructs agencies to adhere to certain

requirements in promulgating new

regulations and reviewing existing

regulations. These requirements, set

forth in Sections 2 (a) and (b), include

eliminating drafting errors and needless

ambiguity, drafting the regulations to

minimize litigation, providing clear and

certain legal standards for affected

conduct, and promoting simplification

and burden reduction. Agencies are also

instructed to make every reasonable

effort to ensure that the regulation:

Specifies clearly any preemptive effect;

describes any administrative

proceedings to be available prior to

judicial review and any provisions for

the exhaustion of such administrative

proceedings; and defines key terms.

DOE certifies that today’s interim final

rule meets the requirements of sections

2 (a) and (b) of Executive Order 12778.

C. Review Under the Paperwork

Reduction Act

No new information or recordkeeping

requirements are imposed by this

rulemaking. Accordingly, no OMB

clearance is required under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.).

D. Review Under the National

Environmental Policy Act

DOE has concluded that promulgation

of this rule falls into a class of actions

which would not individually or

cumulatively have significant impact on

the human environment, as determined

by DOE’s regulations (10 CFR Part 1021,

Subpart D) implementing the National

Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321 et seq.).

Specifically, this rule is categorically

excluded from NEPA review because

the amendments to the DEAR do not

change the environmental effect of the

rule being amended (categorical

exclusion A5). Therefore, this rule does

not require an environmental impact

statement or environmental assessment

pursuant to NEPA.

E. Review Under Executive Order 12612

Executive Order 12612 (52 FR 41685,

October 30, 1987) requires that

regulations, rules, legislation, and any

other policy actions be reviewed for any

substantial direct effects on States, on

the relationship between the National

Government and the States, or in the

distribution of power and

responsibilities among the various

levels of Government. If there are

sufficient substantial direct effects, then

the Executive Order requires the

preparation of a federalism assessment
18032 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

to be used in all decisions involved in

promulgating and implementing a

policy action. This interim final rule,

when finalized, will revise certain

policy and procedural requirements.

States which contract with DOE will be

subject to this rule. However, DOE has

determined that this rule will not have

a substantial direct effect on the

institutional interests or traditional

functions of the States.

List of Subjects in 48 CFR Parts 915,

916, and 970

Government procurement.

Richard H. Hopf,

Deputy Assistant Secretary for Procurement

and Assistance Management.

For the reasons set out in the

preamble, Chapter 9 of Title 48 of the

Code of Federal Regulations is amended

as set forth below.

1. The authority citations for Parts 915

and 916 continue to read as follows:

Authority: 42 U.S.C. 7254; 40 U.S.C.

486(c).

PART 915—CONTRACTING BY

NEGOTIATION

2. Subsection 915.804–70 is revised to

read as set forth below:

915.804–70 Uncertified cost or pricing

data.

Anytime an offeror or contractor is

not required to submit certified cost or

pricing data, the contracting officer may

require the offeror or contractor to

submit uncertified cost or pricing data.

The amount of data required to be

submitted should be limited to that data

necessary to allow the contracting

officer to determine the reasonableness

of the price.

PART 916—TYPES OF CONTRACTS

916.301–3 [Removed]

3. Subsection 916.301–3, Limitations,

is removed.

PART 970—DOE MANAGEMENT AND

OPERATING CONTRACTS

4. The authority citation for Part 970

is revised to read as follows:

Authority: Sec. 161 of the Atomic Energy

Act of 1954 (42 U.S.C. 2201), sec. 644 of the

Department of Energy Organization Act,

Public Law 95–91 (42 U.S.C. 7254).

5. Subsection 970.5204–24 is

amended by revising paragraphs (a),

(a)(2), (c), (d), (f), (g), and paragraph (b)

following ‘‘NOTE’’ at the end of the

clause to read as set forth below:

970.5204–24 Subcontractor cost or pricing

data.

* * * * *

(a) The following clause shall be inserted

in all subcontracts where such subcontracts,

and any modifications thereto, exceed the

cost or pricing data threshold at FAR 15.804–

2(a)(1), even though the original amount of

the subcontract was below the threshold.

* * * * *

(2) Except as provided in (a)(3) of this

clause, certified cost or pricing data shall be

submitted prior to (i) award of each subsubcontract, the price of which is expected

to exceed the cost or pricing data threshold

at FAR 15.804–2(a)(1), and (ii) the

negotiation of the price of each change or

modification to the sub-subcontract under

this subcontract for which the price

adjustment is expected to exceed the cost or

pricing data threshold at FAR 15.804–2(a)(1).

* * * * *

(c) For purposes of verifying that certified

cost or pricing data submitted in conjunction

with the negotiation of this subcontract

change or other modification involving an

amount in excess of the cost or pricing data

threshold at FAR 15.804–2(a)(1) were

accurate, complete, and current, DOE shall,

until the expiration of 3 years from the date

of final payment under this subcontract, have

the right to examine those books, records,

documents, papers, and other supporting

data which involve transactions related to

this subcontract or which will permit

adequate evaluation of the cost or pricing

data submitted, along with the computations

and projections used therein.

(d) If the original price of this subcontract

exceeds the cost or pricing data threshold at

FAR 15.804–2(a)(1) or the price of any

change or other modification to this

subcontract is expected to exceed the cost or

pricing data threshold at FAR 15.804–2(a)(1),

the subcontractor agrees to furnish the

contractor certified cost or pricing data, using

the certificate set forth in paragraph (b) of

this clause, unless the price is based on

adequate price competition, established

catalog or market prices of commercial items

sold in substantial quantities to the general

public, or prices set by law or regulation.

* * * * *

(f) The subcontractor agrees to insert

paragraph (c) of this clause, without change,

and the substance of paragraphs (a), (b), (d),

(e), and (f) of this clause in each subsubcontract hereunder in excess of the cost

or pricing data threshold at FAR 15.804–

2(a)(1) and in each sub-subcontract that is

less than the threshold when making a

change or other modification thereto in

excess of the cost or pricing data threshold

at FAR 15.804–2(a)(1).

(g) If the prime contractor determines that

any price, including profit or fee, negotiated

in connection with this subcontract or any

cost reimbursable under this subcontract was

increased by any significant sum because the

subcontractor or any sub-subcontractor,

pursuant to this clause or any subsubcontract clause herein required, furnished

incomplete or inaccurate cost or pricing data

or data not current as certified in the

subcontractor’s certificate of current cost or

pricing data, then such price or cost shall be

reduced accordingly and the contract shall be

modified in writing to reflect such reduction.

* * * * *

Note. * * *

(b) This clause may also be used for

subcontracts in which the amount of the

subcontract is less than the cost or pricing

data threshold at FAR 15.804–2(a)(1), if a

certificate of cost or pricing data is obtained;

if so used, the amount stated in the clause

should be modified appropriately.

* * * * *

6. Subsection 970.7104–11 is

amended by revising paragraphs (a)(1)(i)

and (ii) to read as set forth below:

970.7104–11 Cost or pricing data.

(a) * * *

(1) * * *

(i) Award of a negotiated subcontract

when the price is expected to exceed the

threshold for cost or pricing data at 48

CFR (FAR) 15.804–2(a)(1), or

(ii) Modifications of any subcontract

when the price adjustment is expected

to exceed the threshold for cost or

pricing data at 48 CFR (FAR) 15.804–

2(a)(1), unless unrelated and separately

priced changes, for which certified cost

or pricing data would not otherwise be

required, are included.

* * * * *

[FR Doc. 95–8748 Filed 4–7–95; 8:45 am]

BILLING CODE 6450–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1802, 1850, and 1852

Indemnification under Public Law 85–

804

AGENCY: Office of Procurement, National

Aeronautics and Space Administration

(NASA).

ACTION: Final rule.

SUMMARY: This rule amends the NASA

policy and approval process on

indemnifying contractors. This revision

is part of NASA’s efforts to simplify its

regulations. The streamlined policy

relies more on Federal-wide policies.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Harold Nelson, (202) 358–0436.

SUPPLEMENTARY INFORMATION:

Background

NASA is reviewing and rewriting 48

CFR chapter 18, the NASA FAR

Supplement, in its entirety in order to

implement recommendations of the

National Performance Review. During

this review, NASA is eliminating

reporting requirements and making

other changes in order to reduce and

simplify the regulation. This final rule

48 CFR parts 1802, 1850, and 1852 for

the following reasons.