Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules 24473

47 CFR Part 101

Fixed microwave services.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–12269 Filed 5–14–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

48 CFR Part 52

Federal Acquisition Regulation; Use

and Charges Clause Class Deviation

AGENCY: Department of Defense (DoD).

ACTION: Notice of proposed class

deviation.

SUMMARY: The Department of Defense

(DoD) is proposing a class deviation

from the Federal Acquisition Regulation

(FAR) that simplifies the method of

determining rental charges for

government property. The proposed

class deviation will allow defense

contractors to propose rental charges for

the commercial use of government

property and real property while

revisions to the FAR are being drafted.

DATES: Comments on the proposed class

deviation should be submitted in

writing to the address shown below on

or before June 14, 1996 to be considered

in the formulation of the final class

deviation.

ADDRESSES: Interested parties should

submit written comments to: Ms.

Angelena Moy, MPI, Room 3E144,

Pentagon, Washington, DC 20301–3000.

FAX (703) 695–7596.

FOR FURTHER INFORMATION CONTACT:

Ms. Angelena Moy, telephone (703)

695–1098.

SUPPLEMENTARY INFORMATION:

A. Background

A notice of proposed class deviation

was published in the Federal Register

on September 6, 1995 (60 FR 46259).

DoD proposed to deviate from the clause

at FAR 52.245–9 to expedite

implementation of simplified

government property rental procedures.

After evaluating the public comments,

DoD made substantive revisions to the

proposed class deviation.

Therefore, DoD now proposes to

deviate from the clause at FAR 52.245–

9 as follows:

Part 52—Solicitation Provisions and

Contract Clauses

52.245–9 Use and Charges

This deviation authorizes DoD to use

the following clauses in lieu of the

clause at 52.245–9. The clause requires

contractors, for real property and

associated fixtures, to obtain certified

property appraisals that compute a

monthly, daily, or hourly rental rate for

comparable commercial property.

Rental charges would be determined by

multiplying the rental time by an

appraisal rental rate expressed as a rate

per hour. For other government

property, rental charges are based upon

the property’s acquisition cost and the

actual rental time. The clause permits

contractors to request that the

Government consider alternate rental

charge methods for either real or other

property if the contractor considers a

time-based rental to be unreasonable or

impracticable.

USE AND CHARGES (APR 1984)

(DEVIATION)

(a) Definitions. As used in this clause—

Acquisition cost means the acquisition cost

recorded in the Contractor’s property control

system or, in the absence of such record, the

value attributed by the Government to a

government property item for purposes of

determining a reasonable rental charge.

Government property means property

owned or leased by the Government.

Real property means land and rights in

land, ground improvements, utility

distribution systems, and buildings and other

structures. It does not include foundations

and other work necessary for installing

special tooling, special test equipment, or

equipment.

Rental period means the calendar period

during which government property is made

available for commercial purposes.

Rental time means the number of hours, to

the nearest whole hour, rented property is

actually used for commercial purposes. It

includes time to set up the property for such

purposes, perform required maintenance, and

restore the property to its condition prior to

rental.

(b) General. (1) Rental requests must be

submitted to the administrative Contracting

Officer, identify the property for which rental

is requested, propose a rental period, and

calculate an estimated rental charge by using

the Contractor’s best estimate of rental time

in the formulae described in paragraph (c) of

this clause.

(2) The Contractor shall not use

government property for commercial

purposes until a rental charge for real

property, or estimated rental charge for other

property, is agreed upon. Rented property

shall be used only on a non-interference

basis.

(c) Rental charge. (1) Real property and

associated fixtures. (i) The Contractor shall

obtain, at its expense, a property appraisal

from an independent licensed, accredited, or

certified appraiser that computes a monthly,

daily, or hourly rental rate for comparable

commercial property. The appraisal may be

used to compute rentals under this clause

throughout its effective period or, if an

effective period is not stated in the appraisal,

for one year following the date the appraisal

was performed. The Contractor shall submit

the appraisal to the administrative

Contracting Officer at least 30 days prior to

the date the property is needed for

commercial use. Except as provided in

paragraph (c)(1)(iii) of this clause, the

administrative Contracting Officer shall use

the appraisal rental rate to determine a

reasonable rental charge.

(ii) Rental charges shall be determined by

multiplying the rental time by the appraisal

rental rate expressed as a rate per hour.

Monthly or daily appraisal rental rates shall

be divided by 720 or 24, respectively, to

determine an hourly rental rate.

(iii) When the administrative Contracting

Officer has reason to believe the appraisal

rental rate is not reasonable, he or she shall

promptly notify the Contractor and provide

his or her rationale. The parties may agree on

an alternate means for computing a

reasonable rental charge.

(2) Other government property. The

Contractor may elect to calculate the final

rental charge using the appraisal method

described in paragraph (c)(1) of this clause

subject to the constraints therein or the

following formula in which rental time shall

be expressed in increments of not less than

one hour with portions of hours rounded to

the next higher hour—

Rental charge (Rental Time in hours) (.02 per month) (Acquisition Cost)

720 hours per month =

(3) Alternate methodology. The Contractor

may request consideration of an alternate

basis for computing the rental charge if it

considers a time-based rental unreasonable or

impractical.

(d) Rental payments. (1) Rent is due at the

time and place specified by the Contracting

Officer. If a time is not specified, the rental

is due 60 days following completion of the

rental period. The Contractor shall calculate

the rental due, and furnish records or other

supporting data in sufficient detail to permit

the administrative Contracting Officer to

verify the rental time and computation.

Payment shall be made by check payable to

the Treasurer of the United States and sent

to the payment office specified in this

contract or by electronic funds transfer to

that office.

(2) Interest will be charged if payment is

not made by the specified payment date or,
24474 Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Proposed Rules

in the absence of a specified date, the sixtyfirst day following completion of the rental

period. Interest will accrue at the

‘‘Renegotiation Board Interest Rate’’

(published in the Federal Register

semiannually on or about January 1st and

July 1st) for the period in which the rent is

due.

(3) The Government’s acceptance of any

rental payment under this clause, in whole

or in part, shall not be construed as a waiver

or relinquishment of any rights it may have

against the Contractor stemming from the

Contractor’s unauthorized use of government

property or any other failure to perform this

contract according to its terms.

(e) Use revocation. At any time during the

rental period, the Government may revoke

commercial use authorization and require the

Contractor, at the Contractor’s expense, to

return the property to the Government,

restore the property to its pre-rental

condition, or both.

(f) Unauthorized use. The unauthorized

use of government property can subject a

person to fines, imprisonment, or both, under

18 U.S.C. 641.

(End of clause)

List of Subjects in 48 CFR Part 52

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 96–12025 Filed 5–14–96; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1305

[STB Ex Parte No. 538]

Disclosure and Notice of Change of

Rates and Other Service Terms for

Pipeline Common Carriage

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff and

tariff filing requirements formerly

applicable to pipeline carriers, but

imposed in lieu thereof certain

obligations to disclose common carriage

rates and service terms as well as a

requirement for advance notice of

increases in such rates or changes in

service terms. ICCTA requires the Board

to promulgate regulations to administer

these new obligations by June 29, 1996.

The Board proposes to add a new part

1305 to its regulations for that purpose

as set forth below.

DATES: Comments are due on June 4,

1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 538 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution

Avenue, N.W., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: The

Board’s decision discussing this

proposal is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

The Board certifies that this rule, if

adopted, would not have a significant

economic effect on a substantial number

of small entities. The proposed rules

should result in easier access to pipeline

rate and service information and to that

extent our action should benefit small

entities.

The Board seeks comment on whether

there would be effects on small entities

that should be considered. If comments

provide information that there would be

significant effects on small entities, the

Board will prepare a regulatory

flexibility analysis at the final rule stage.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1305

Disclosure requirement, Notice

requirement, Pipeline carriers.

Decided: May 8, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board proposes to add a

new part 1305 to title 49, Chapter X, of

the Code of Federal Regulations, to read

as follows:

PART 1305—DISCLOSURE AND

NOTICE OF CHANGE OF RATES AND

OTHER SERVICE TERMS FOR

PIPELINE COMMON CARRIAGE

Sec.

1305.1 Scope; definitions.

1305.2 Disclosure requirement for existing

rates.

1305.3 Response to request for

establishment of a new rate.

1305.4 Notice requirement.

Authority: 49 U.S.C. 721(a) and 15701(e).

§ 1305.1 Scope; definitions.

(a) The provisions of this part address

the requirements imposed on pipeline

carriers by 49 U.S.C. 15701(b) and

15701(c). Such requirements apply to

pipeline carriers only with respect to

the transportation of commodities other

than water, gas, or oil.

(b) Except as otherwise provided in

paragraph (c) of this section, the

provisions of this part apply to any

transportation or service provided by a

pipeline carrier subject to the

jurisdiction of the Surface

Transportation Board under 49 U.S.C.

15301.

(c) The provisions of this part do not

apply to any transportation or service

provided by a pipeline carrier to the

extent that such transportation or

service is exempted from rate notice and

disclosure requirements pursuant to 49

U.S.C. 15302.

(d) For the purposes of this part,

service terms means all classifications,

rules, and practices that affect the rates,

charges, or level of service for pipeline

transportation.

§ 1305.2 Disclosure requirement for

existing rates.

(a) A pipeline carrier must disclose to

any person, on request, the specific

rate(s) requested (or the basis for

calculating the specific rate(s)), as well

as all charges and service terms that

may be applicable to transportation

covered by that rate(s).

(b) The information provided by a

pipeline carrier under this section must

be provided immediately. Such

information may be provided either in

writing or in electronic form as agreed

to by the parties.

§ 1305.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper requests that the carrier

establish a rate in the absence of an

appropriate applicable rate for

particular transportation, the carrier

must promptly establish and provide to

the requester, in writing or in electronic

form as agreed to by the parties, an

appropriate rate and applicable service

terms. The response should be provided

as soon as reasonably possible, but no

later than 10 business days from receipt

of the request. If a carrier determines

that additional information is required

from the requester before a rate or term

can be established, the carrier must so

notify the requester as soon as possible,

but no later than 10 business days after

receipt of the request. Once the

additional information is received, the

carrier must set the rate and related

service terms, and relay them to the

requester, within 10 business days.

§ 1305.4 Notice Requirement.

(a) A pipeline carrier may not increase

any rates or charges, or change any

service terms (except for changes that

are equivalent to rate reductions) unless

20 days have expired after written or