Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15689

‘‘bottling up’’ the best facilities. The rule

was first applied to television in 1946

when there were only six television

stations in the United States. The

Commission finds that because of the

growth in the number of television

stations and in network programming

made available by cable and satellite

home dishes, the network station

ownership rule is no longer necessary to

increase the availability of video

programming to viewers or further the

creation of new networks. Therefore, the

Commission eliminates § 73.658(f) of its

rules.

4. The secondary affiliation rule was

adopted by the Commission in 1971 (36

FR 6507, April 16, 1971) in order to

promote development of UHF television

stations. While commenters were

divided as to the continued need for the

secondary affiliation rule, the

Commission is persuaded that, due to

improvements to UHF reception and the

increased availability of programming,

this rule is no longer needed to ensure

the availability of competitive

programming to unaffiliated stations.

The Commission thus eliminates

§ 73.658(1) of its rules.

Administrative Matters

Final Regulatory Flexibility Analysis

5. Pursuant to the Regulatory

Flexibility Act of 1980, 5 U.S.C. 605, the

Commission believes that this action

will eliminate rules no longer required

by the public interest in view of changes

in the video marketplace since their

adoption. Additionally, their

elimination will make over-the-air

television better able to compete in the

current, and future, video environment.

The complete Final Regulatory

Flexibility Act Statement may be found

following paragraph 26 of the full text

of this Report and Order.

Ordering Clauses

6. It Is Therefore Ordered that,

pursuant to the authority contained in

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

Communications Act of 1934, as

amended, 47 U.S.C. Sections 154(i) and

303(r), Part 73 of the Commission’s

Rules, 47 CFR part 73, is amended as set

forth below.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Revisions

Part 73 of Title 47 of the U.S. Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

§ 73.658 [Amended]

2. Section 73.658 is amended by

removing and reserving paragraphs (f)

and (l).

[FR Doc. 95–7441 Filed 3–24–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Part 235

Defense Federal Acquisition

Regulation Supplement; Research and

Development Streamlined Contracting

Procedures—Test

AGENCIES: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Department of Defense is

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to revise its streamlined

research and development contracting

procedures test.

EFFECTIVE DATE: March 21, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

R.G. Layser, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

The streamlined research and

development contracting procedures

test is the result of a 1987 Defense

Science Board summer group

recommendation. The Lab Demo

Contracting Subgroup of the Lab Demo

project proposed a streamlined

procedure for solicitation and a

standard format for award of R&D

contracts in support of military

department laboratories.

The streamlined contracting

procedures consist of a solicitation

published in the Commerce Business

Daily (CBD); terms and conditions

incorporated by reference; a

supplemental package, if necessary,

which is mailed to all interested parties

who provide address information. The

statement of work may be published in

the CBD with the solicitation summary

or may be included in a supplemental

package. The use of a standard contract

is intended to make the contracting

process easier on industry, because

offerors can expect all DoD laboratories

to use the same contract format.

The Department of Defense published

a final rule on October 18, 1994 (59 FR

52442) after receiving public comments

on the proposed rule. This final rule

revises the previous final rule as a result

of changes found necessary during

initial implementation of the Test.

This final rule revises the list of

contracting offices approved to

participate in the test of 235.7002(a)(2);

the data collection requirements

235.7003(d)(9); and the clauses and

provisions included in the exhibit at

235.7006(d). The rule adds the clauses

at *(I.168)252.223–7006, Prohibition on

Disposal of Toxic and Hazardous

Materials, and *(I.169)252.249.7002,

Notification of Program Termination or

Reduction; deletes *(K.24)252.226–

7000, Notice of Historically Black

College or University and Minority

Institution Set Aside, to correct a

duplication; and adds an asterisk (*) to

(L.19)52.237–1, Site Visit, to designate

that this provision is for use as

prescribed in the FAR.

In addition, Test Oversight Committee

members may now authorize, for their

respective agencies, on a one time only

basis, the use of FAR and DFARS

provisions and clauses or approved

nonstandard provisions and clauses that

are not in the research and development

streamlined contracting format at

235.7006(d).

A. Regulatory Flexibility Act

The rule does not constitute a

significant DFARS revision within the

meaning of FAR 1.501 and Public Law

98–577 and publication for comment is

not required.

B. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose any new recordkeeping,

information collection requirements, or

collection of information from offerors,

contractors, or members of the public

which require the approval of OMB

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

List of Subjects in 48 CFR Part 235

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 235 is

amended as follows:

1. The authority citation for part 235

continues to read as follows:

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

Chapter 1.
15690 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

PART 235—RESEARCH AND

DEVELOPMENT CONTRACTING

235.70 Research and development

streamlined contracting procedures—test.

2. Section 235.7002 is amended by

revising paragraph (a) (2) to read as

follows:

235.7002 Applicability.

(a) * * *

(1) * * *

(2) Navy: Naval Research Laboratory

contracting office; Naval Surface

Warface Center contracting offices when

contracting for the Carderock, Crane,

Dahlgren, Indian Head and Port

Hueneme divisions; Naval Undersea

Warfare Center contracting office.

* * * * *

3. Section 235.7003 is amended by

adding paragraph (d) (9) to read as

follows:

235.7003 Reporting requirements.

* * * * *

(d) * * *

(9) At a minimum any request for

modification of the research and

development streamlined contracting

format or procedures, and any request

for one time only use of FAR and

DFARS provisions and clauses and

nonstandard provisions and clauses

approved for agency use, that are not in

the research and development

streamlined contracting format at

235.7006 must include the information

required by 201.402(3) (i) through (ix).

235.7004–1 [Amended]

4. Section 235.7004–1 is amended by

revising in paragraph (b) the reference

‘‘235.7006(c) (A.1)’’ to read

‘‘235.7006(d) (A.1).’’

235.7004–2 [Amended]

5. Section 235.7004–2 is amended by

revising in paragraph (b) the reference

‘‘235.7006(c) (A.1)’’ to read

‘‘235.7006(d) (A.1).’’

235.7004–3 [Amended]

6. Section 235.7004–3 is amended by

revising in paragraph (c) the reference

‘‘235.7006(c)’’ to read ‘‘235.7006(d).’’

7. Section 235.7006 is amended by

revising in the first sentence of

paragraph (a) the reference ‘‘paragraph

(c)’’ to read ‘‘paragraph (d),’’ by revising

in the last sentence of paragraph (a) the

reference ‘‘(See 235.7006(c) (A.1) (v))’’

to read ‘‘(See 235.7006(d) (A.1) (v));’’ by

redesignating paragraph (c) as paragraph

(d); and by adding a new paragraph (c)

to read as follows:

235.7006 The research and development

streamlined contracting format.

* * * * *

(c) Test Oversight Committee

members may authorize for their

respective agencies, on a one time only

basis, the use of FAR and DFARS

provisions and clauses, and

nonstandard provisions and clauses

approved for agency use, that are not in

the research and development

streamlined contracting format at

235.7006. Any other modification of the

research and development streamlined

contracting format or procedures

requires approval of the Director of

Defense Procurement. Each Test

Oversight Committee member shall

ensure that the supporting data is

accurate and complete.

* * * * *

8. Section 235.7006, Exhibit-Research

and Development Streamlined

Contracting Format, is amended by

adding two contract clauses at the end

of the listing at Part II, Section I; by

removing and reserving ‘‘K.24’’ in the

listing at Part IV, Section K; by revising

‘‘(L.15)’’, ‘‘(L.18)’’ and by revising

‘‘(L.19)’’ in Part IV, Section L; and by

revising the introductory text at Part IV,

Section M to read as follows:

Exhibit-Research and Development

Streamlined Contracting Format

* * * * *

Part II—Contract Clauses

Section I, Contract Clauses

(1) Federal Acquisition Regulation clauses.

* * * * *

*(I.167) * * *

*(I.168) 252.223–7006 Prohibition on

Disposal of Toxic and Hazardous

Materials

*(I.169) 252.249–7002 Notification of

Program Termination or Reduction

* * * * *

Part IV—Representations and Instructions

Section K, Representations, Certifications

and Other Statements of Offerors or Quoters

* * * * *

*(K.24) [Reserved]

* * * * *

Section L. Instructions, Conditions, and

Notices to Offerors or Quoters

* * * * *

(L.15) 52.216–1 Type of Contract (See

235.7006(d)(B.1))

* * * * *

(L.18) 52.233–2 Service of Protest (See

235.7006(d)(A.1)(xvii))

[*](L.19) 52.237–1 Site Visit

* * * * *

Section M, Evaluation Factors for Award

Use of the standard evaluation factors is

preferred. If the standard evaluation factors

are modified in any way, the modifications

must be clearly expressed so that the result

is unambiguous. Additions to and deletions

from the contents of this Section M must be

clearly annotated in the solicitation summary

(see 235.7006(d)(A.1)(vii).)

* * * * *

[FR Doc. 95–7429 Filed 3–24–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 89–26; Notice 06]

RIN 2127–AF31

Federal Motor Vehicle Safety Standard;

Convex Cross View Mirrors on School

Buses

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: In this final rule, NHTSA

amends the safety standard on rearview

mirrors to reduce the duplication of the

views provided by System B mirrors,

which provide a view of test cylinders

in the area around the front of a school

bus and near the rear wheels, and

System A mirrors, which provide a view

of the area beneath the System A

mirrors, along both sides of the bus and

to the rear of the bus. The System B

mirrors must also provide a view of the

ground that overlaps with the view of

the ground provided by System A

mirrors. As a result of this final rule, the

System A mirrors will no longer be

required to provide a view of the ground

forward of the rear wheels.

The effect of this final rule is that

manufacturers will no longer have to

install either an additional convex

mirror, which creates a larger blind spot

for the driver, or replace the existing

convex mirror with a highly curved

convex mirror that produces more

distorted images.

This final rule is issued in response

to a petition for rulemaking from Blue

Bird Body Company.

DATES: This final rule is effective April

26, 1995. Petitions for reconsideration of

this final rule must be received not later

than April 26, 1995.

ADDRESSES: Petitions for reconsideration

of this final rule should refer to the

docket and notice number cited in the

heading of this final rule and be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street, SW, Washington,

DC 20590. It is requested, but not

required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Mr.

Charles Hott, Office of Vehicle Safety