19902 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (ICCTA), which was enacted

on December 29, 1995, and took effect on January

1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Board. Section 204(b)(1) of

the Act provides, in general, that proceedings

pending before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the Act. Section 204(b)(3)

provides that, ‘‘[i]n the case of a proceeding under

a provision of law repeal[ed], and not reenacted, by

this Act such proceeding shall be terminated.’’

Although the motor carrier tariff filing provisions

were sharply curtailed in the ICCTA and in prior

legislation, they were not entirely repealed.

Therefore, it is not pursuant to the automatic

termination provisions of section 204(b)(3) of

ICCTA that this pending proceeding is being

terminated.

2Senate Report No. 102–351, dated July 30, 1992,

accompanying the U.S. Department of

Transportation and Related Agencies

Appropriations Bill, 1993.

3The Trucking Industry Regulatory Reform Act of

1994, Pub. L. No. 103–311, 108 Stat. 1683, enacted

August 26, 1994, and ICCTA.

952.215 [Removed]

41. Section 952.215 and subsections

952.215–22 and 952.215–23 are

removed.

42. Subsection 952.233–2 is revised to

read as follows:

952.233–2 Service of protest.

As prescribed in 48 CFR 933.106(a),

add the following to the end of the

clause at FAR 52.233–2:

(c) Another copy of a protest filed with the

General Accounting Office or the General

Services Administration Board of Contract

Appeals shall be furnished to the following

address within the time periods described in

paragraph (b) of this clause: U.S. Department

of Energy, Assistant General Counsel for

Procurement and Financial Assistance (GC–

61), 1000 Independence Avenue, SW.,

Washington, DC 20585, Fax: (202) 586–4546.

43. Subsection 952.233–4 is added to

read as follows:

952.233–4 Notice of protest file

availability.

As prescribed in 933.106(b), insert the

following provision:

NOTICE OF PROTEST FILE AVAILABILITY

(XXX)

(a) If a protest of this procurement is filed

with the General Accounting Office (GAO) in

accordance with 4 CFR part 21, any actual or

prospective offeror may request the

Department of Energy to provide it with

reasonable access to the protest file pursuant

to FAR 33.104(a)(3)(ii), implementing section

1065 of Pub.L. 103–355. Such request must

be in writing and addressed to the

contracting officer for this procurement.

(b) Any offeror who submits information or

documents to the Department for the purpose

of competing in this procurement is hereby

notified that information or documents it

submits may be included in the protest file

that will be available to actual or prospective

offerors in accordance with the requirements

of FAR 33.104(a)(3)(ii). The Department will

be required to make such documents

available unless they are exempt from

disclosure pursuant to the Freedom of

Information Act. Therefore, offerors should

mark any documents as to which they would

assert that an exemption applies. (See 10 CFR

part 1004.)

44. Subsection 952.233–5 is added to

read as follows:

952.233–5 Agency protest review.

As prescribed in 48 CFR 933.106(c),

insert the following provision:

AGENCY PROTEST REVIEW (XXX)

Protests to the Agency will be decided

either at the level of the Head of the

Contracting Activity or at the Headquarters

level. The Department of Energy’s agency

protest procedures, set forth in 933.103,

elaborate on these options and on the

availability of a suspension of a procurement

that is protested to the agency. The

Department encourages potential protesters

to discuss their concerns with the contracting

officer prior to filing a protest.

952.251–70 [Amended]

45. Subsection 952.251–70 is

amended by revising the date of the

clause to read ‘‘(June 1995)’’.

PART 971—REVIEW AND APPROVAL

OF CONTRACT ACTIONS [REMOVED]

46. Part 971 is removed.

[FR Doc. 96–10757 Filed 5–2–96; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[Ex Parte No. MC–212]

Review of Motor Tariff Regulations1993

AGENCY: Surface Transportation Board

(Board).1

ACTION: Proposed rule; termination of

proceeding.

SUMMARY: The Board is terminating this

proceeding in which modifications to

motor carrier tariff filing requirements

were being considered, because

intervening legislation has made

consideration of those modifications

unnecessary.

DATES: This action is made on May 3,

1996.

FOR FURTHER INFORMATION CONTACT:

Michael L. Martin, (202) 927–6033;

[TDD for the hearing impaired: (202)

927–5721].

SUPPLEMENTARY INFORMATION: In a

Notice of Proposed Rulemaking

published at 58 FR 14198 (March 16,

1993), the ICC instituted a proceeding to

seek public comment on whether

certain motor carrier tariff filing

requirements should be modified. The

proceeding was initiated in response to

a Congressional directive that the ICC

increase its motor carrier tariff

oversight.2

In recent legislation,3 Congress has

repealed the tariff filing requirements

for most motor common carriers of

property, and voided such tariffs. Now,

the only rates that motor carriers must

publish and file in tariffs are those

relating to joint motor-water movements

in the noncontiguous domestic trade.

Because carriers are no longer required

to file the tariffs that precipitated the

notice of proposed rulemaking, we are

terminating this proceeding.

Authority: 49 U.S.C. 10321.

Decided: April 17, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–11089 Filed 5–2–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 673

[I.D. 042496B]

RIN 0648–AF81

Scallop Fishery off Alaska;

Implementation of Federal

Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce

ACTION: Notice of availability of an

amendment to a fishery management

plan; request for comments.

SUMMARY: The North Pacific Fishery

Management Council (Council) has

submitted Amendment 1 to the Fishery

Management Plan for the Scallop

Fishery off Alaska for Secretarial

review. Amendment 1 would establish a

Federal management regime for the

scallop fishery in Federal waters off

Alaska. Comments from the public are

requested.

DATES: Comments on Amendment 1

must be submitted on or before June 28,

1996.
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Proposed Rules 19903

ADDRESSES: Comments on Amendment

1 should be submitted to Ronald J. Berg,

Chief, Fisheries Management Division,

Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802-1668, Attn: Lori

Gravel, or delivered to the Federal

Building, 709 West 9th Street, Juneau,

AK. Copies of Amendment 1 and the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis prepared for the

amendment are available from the

Council, 605 West Fourth Avenue,

Anchorage, AK 99501-2252; telephone

907-271-2809.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907-586-7228.

SUPPLEMENTARY INFORMATION: The

Magnuson Fishery Conservation and

Management Act (Magnuson Act)

requires that each Regional Fishery

Management Council submit any fishery

management plan (FMP) or plan

amendment it prepares to NMFS for

review and approval, disapproval, or

partial disapproval. The Magnuson Act

also requires that NMFS, upon receiving

an FMP or amendment, immediately

publish a document that the FMP or

amendment is available for public

review and comment. NMFS will

consider the public comments received

during the comment period in

determining whether to approve the

FMP or amendment.

The management measures proposed

under Amendment 1 include: (1) Gear

and efficiency restrictions, (2) scallop

registration areas and districts, (3)

procedures for specifying total

allowable catch and crab bycatch limits,

(4) time and area closures, (5) inseason

management authority, (6) fishing

seasons, and (7) observer coverage

requirements.

NMFS will consider the public

comments received during the comment

period in determining whether to

approve the proposed amendments. A

proposed rule to implement

Amendment 1 has been submitted for

Secretarial review and approval. The

proposed rule to implement this

amendment is scheduled to be

published within 15 days of this

document.

Dated: April 29, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 96–10993 Filed 4–29–96; 4:44 pm]

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