31644 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 93–

615.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on September 6, 1994

(59 FR 46020). The proposed rule

amended FAR Subpart 22.2 and the

clause at 52.222–3 to (1) remove all

references to 18 U.S.C. 4082(c)(2),

which now only applies to offenses

committed prior to November 1, 1987;

(2) reflect the addition of the

Commonwealth of the Northern Mariana

Islands to the jurisdictions covered by

Executive Order 11755; and (3) include

further information regarding the

requirements of Executive Order 11755,

as amended by Executive Order 12608.

No substantive comments were

received on the proposed rule during

the public comment period. The

Councils, therefore, agreed to adopt the

proposed rule as a final rule without

change.

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because it

merely updates FAR language

pertaining to the employment of convict

labor to conform to current statutory

requirements. No comments were

received on the impact of this rule on

small entities during the public

comment period.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 22 and

52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 22 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 22 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 22—APPLICATION OF LABOR

LAWS TO GOVERNMENT

ACQUISITIONS

2. Section 22.201 is revised to read as

follows:

§ 22.201 General.

(a) Executive Order 11755, December

29, 1973, as amended by Executive

Order 12608, September 9, 1987, and

Executive Order 12943, December 13,

1994, states: ‘‘The development of the

occupational and educational skills of

prison inmates is essential to their

rehabilitation and to their ability to

make an effective return to free society.

Meaningful employment serves to

develop those skills. It is also true,

however, that care must be exercised to

avoid either the exploitation of convict

labor or any unfair competition between

convict labor and free labor in the

production of goods and services.’’ The

Executive order does not prohibit the

contractor, in performing the contract,

from employing—

(1) Persons on parole or probation;

(2) Persons who have been pardoned

or who have served their terms;

(3) Federal prisoners; or

(4) Nonfederal prisoners authorized to

work at paid employment in the

community under the laws of a

jurisdiction listed in the Executive order

if—

(i) The worker is paid or is in an

approved work training program on a

voluntary basis;

(ii) Representatives of local union

central bodies or similar labor union

organizations have been consulted;

(iii) Paid employment will not—

(A) Result in the displacement of

employed workers;

(B) Be applied in skills, crafts, or

trades in which there is a surplus of

available gainful labor in the locality; or

(C) Impair existing contracts for

services;

(iv) The rates of pay and other

conditions of employment will not be

less than those for work of a similar

nature in the locality where the work is

being performed; and

(v) The Attorney General of the

United States has certified that the

work-release laws or regulations of the

jurisdiction involved are in conformity

with the requirements of Executive

Order 11755, as amended.

(b) Department of Justice regulations

authorize the Director of the Bureau of

Justice Assistance to exercise the power

and authority vested in the Attorney

General by the Executive order to certify

and to revoke the certification of workrelease laws or regulations (see 28 CFR

0.94–1(b)).

22.202 [Amended]

3. Section 22.202 is amended in the

introductory paragraph by inserting

after ‘‘Samoa,’’ ‘‘the Commonwealth of

the Northern Mariana Islands,’’.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Section 52.222–3 is revised to read

as follows:

52.222–3 Convict labor.

As prescribed in 22.202, insert the

following clause:

Convict Labor (Aug 1996)

The Contractor agrees not to employ in the

performance of this contract any person

undergoing a sentence of imprisonment

which has been imposed by any court of a

State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana

Islands, or the Trust Territory of the Pacific

Islands. This limitation, however, shall not

prohibit the employment by the Contractor in

the performance of this contract of persons

on parole or probation to work at paid

employment during the term of their

sentence or persons who have been pardoned

or who have served their terms. Nor shall it

prohibit the employment by the Contractor in

the performance of this contract of persons

confined for violation of the laws of any of

the States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana

Islands, or the Trust Territory of the Pacific

Islands who are authorized to work at paid

employment in the community under the

laws of such jurisdiction, if—

(a)(1) The worker is paid or is in an

approved work training program on a

voluntary basis;

(2) Representatives of local union central

bodies or similar labor union organizations

have been consulted;

(3) Such paid employment will not result

in the displacement of employed workers, or

be applied in skills, crafts, or trades in which

there is a surplus of available gainful labor

in the locality, or impair existing contracts

for services; and

(4) The rates of pay and other conditions

of employment will not be less than those

paid or provided for work of a similar nature

in the locality in which the work is being

performed; and

(b) The Attorney General of the United

States has certified that the work-release laws

or regulations of the jurisdiction involved are

in conformity with the requirements of

Executive Order 11755, as amended by

Executive Orders 12608 and 12943.

(End of clause)

[FR Doc. 96–14526 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31645

48 CFR Parts 23 and 52

[FAC 90–39; FAR Case 93–307; Item XII]

RIN 9000–AG42

Federal Acquisition Regulation; Ozone

Executive Order

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to convert the interim rule

published at 60 FR 28500, May 31,

1995, to a final rule with changes to

amend the Federal Acquisition

Regulation (FAR) to provide policy for

the acquisition of items that contain or

are manufactured with ozone-depleting

substances. This regulatory action was

not subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph De Stefano at (202) 501–1758 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 93–

307.

SUPPLEMENTARY INFORMATION:

A. Background

The Environmental Protection Agency

(EPA) promulgated 40 CFR Part 82,

Subpart D, to satisfy EPA’s obligation

under Section 613, Title VI of the Clean

Air Act Amendments of 1990. The EPA

rule requires each department, agency,

and instrumentality of the United States

to conform its procurement regulations

to the policies and requirements of Title

VI of the Clean Air Act and to maximize

the substitution of safe alternatives for

ozone-depleting substances as identified

under Section 612 of the Act. The EPA

rule complements Executive Order

12843, Procurement Requirements and

Policies for Federal Agencies for OzoneDepleting Substances (58 FR 21881,

April 23, 1993). Both the Executive

Order and the EPA rule require that new

contracts provide that any acquired

products which contain or are

manufactured with ozone-depleting

substances be labeled in the manner and

to the extent required by 42 U.S.C. 7671j

(b), (c), and (d) and 40 CFR Part 82,

Subpart E. On May 31, 1995 (60 FR

28500), the Civilian Agency Acquisition

Council and the Defense Acquisition

Regulations Council published an

interim rule to implement the EPA

regulations and the Executive Order.

This final FAR rule contains revisions

resulting from public comments

received in response to the interim rule.

Several respondents questioned whether

the interim rule went beyond the

labeling requirements in Section 611 of

the 1990 amendments to the Clean Air

Act (42 U.S.C. 7671j) and its

implementing EPA regulations at 40

CFR. This confusion has been resolved

by replacing the definitions of ‘‘Class I

substance’’ and ‘‘Class II substance’’

with a definition of ‘‘ozone-depleting

substance’’, and by revising the clause at

52.223–11 to clarify that labeling shall

be in accordance with 42 U.S.C. 7671j

and 40 CFR Part 82. The intent of the

rule is to stay within the bounds of the

Clean Air Act and the EPA regulations.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601, et seq., applies to this final

rule and a Final Regulatory Flexibility

Analysis has been performed. A copy of

the analysis may be obtained from the

FAR Secretariat.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 23 and

52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With

Changes

Accordingly, the interim rule

amending 48 CFR Parts 23 and 52 which

was published at 60 FR 28500, May 31,

1995, is adopted as final with changes

as set forth below:

1. The authority citation for 48 CFR

Parts 23 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 23—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

23.800 [Amended]

2. Section 23.800 is amended by

removing the last sentence.

3. Section 23.802 is revised to read as

follows:

23.802 Definition.

Ozone-depleting substance means—

(a) Any substance designated as Class

I by EPA (40 CFR part 82), including but

not limited to chlorofluorocarbons,

halons, carbon tetrachloride, and methyl

chloroform; or

(b) Any substance designated as Class

II by EPA (40 CFR part 82), including

but not limited to

hydrochlorofluorocarbons.

23.803 [Amended]

4. Section 23.803 is amended in

paragraph (b)(2) by removing the period

and inserting ‘‘, except in the case of

Class I substances being used for

specified essential uses, as identified

under 40 CFR 82.4(r).’’

5. Section 23.804 is revised to read as

follows:

23.804 Contract clauses.

Except for contracts to be performed

outside the United States, its

possessions, and Puerto Rico, the

contracting officer shall insert the clause

at:

(a) 52.223–11, Ozone-Depleting

Substances, in solicitations and

contracts for ozone-depleting substances

or for supplies that may contain or be

manufactured with ozone-depleting

substances.

(b) 52.223–12, Refrigeration

Equipment and Air Conditioners, in

solicitations and contracts for services

when the contract includes the

maintenance, repair, or disposal of any

equipment or appliance using ozonedepleting substances as a refrigerant,

such as air conditioners, including

motor vehicles, refrigerators, chillers, or

freezers.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

6. Section 52.223–11 is revised to read

as follows:

52.223–11 Ozone-Depleting Substances.

As prescribed in 23.804(a), insert the

following clause:

Ozone-Depleting Substances (Jun 1996)

(a) Definitions. Ozone-depleting substance,

as used in this clause, means any substance

designated as Class I by the Environmental

Protection Agency (EPA) (40 CFR Part 82),
31646 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

including but not limited to

chlorofluorocarbons, halons, carbon

tetrachloride, and methyl chloroform; or any

substance designated as Class II by EPA (40

CFR Part 82), including but not limited to

hydrochlorofluorocarbons.

(b) The Contractor shall label products

which contain or are manufactured with

ozone-depleting substances in the manner

and to the extent required by 42 U.S.C. 7671j

(b), (c), and (d) and 40 CFR Part 82, Subpart

E, as follows:

‘‘WARNING: Contains (or manufactured

with, if applicable)

*, a substance(s) which harm(s) public health

and environment by destroying ozone in the

upper atmosphere.’’ lllllllllll

* The Contractor shall insert the name of

the substance(s).

(End of clause)

[FR Doc. 96–14527 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 25 and 52

[FAC 90–39; FAR Case 95–304; Item XIII]

RIN 9000–AG80

Federal Acquisition Regulation;

Uruguay Round (1996 Code)

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

finalizing without further change the

interim rule on the renegotiated General

Agreement on Tariffs and Trade (GATT)

Government Procurement Agreement

(1996 Code) (Uruguay Round). This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter O’Such at (202) 501–1759 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 95–

304.

SUPPLEMENTARY INFORMATION:

A. Background

This rule finalizes without further

change the interim rule, published in

the Federal Register on December 29,

1995 (60 FR 67514), which

implemented the Uruguay Round

Agreement Act, Public Law 103–465. No

public comments were received in

response to the interim rule.

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because the

rule does not impose any new

requirements on contractors, large or

small. The rule primarily changes the

list of designated foreign countries and

extends applicability of the Trade

Agreements Act to all agencies for

supply and construction contracts over

certain dollar thresholds. However,

those contracts which are now subject to

the Trade Agreements Act were already

subject to the Memorandum of

Understanding between the United

States of America and the European

Community on Government

Procurement. This change will have

minimal impact on U.S. firms. The rule

does not diminish existing preferences

for small businesses, because purchases

under small and small disadvantaged

business preference programs are

exempted from the Trade Agreements

Act.

C. Paperwork Reduction Act

The final rule does not impose any

new reporting or recordkeeping

requirements which require OMB

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

Contractors, which previously were

required to respond to the now deleted

provision at 52.225–16, Buy American

Act—Supplies under European

Community Agreement Certificate, will

now be required to respond to the

comparable provision at 52.225–8, Buy

American Act—Trade Agreements—

Balance of Payments Program Certificate

(OMB Control No. 9000–0046).

List of Subjects in 48 CFR Parts 25 and

52

Government procurement.

Interim Rule Adopted as Final

Accordingly, the interim rule

amending 48 CFR Parts 25 and 52,

which was published at 60 FR 67514,

December 29, 1995, is adopted as final

without further change.

The authority citation for 48 CFR

Parts 25 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–14528 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 25, 27, and 52

[FAC 90–39, FAR Case 93–310, Item XIV]

RIN 9000–AF60

Federal Acquisition Regulation;

Implementation of the North American

Free Trade Agreement Implementation

Act

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Revised interim rule with

request for comment.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to a revised interim rule

implementing the North American Free

Trade Agreement (NAFTA)

Implementation Act. This regulatory

action was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993, and is not a major

rule under 5 U.S.C. 804.

DATES: Effective Date: June 20, 1996.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before

August 19, 1996, to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVRS), 18th & F Streets,

NW., Room 4035, Attn: Ms. Beverly

Fayson, Washington, DC 20405. Please

cite FAC 90–39, FAR case 93–310 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter O’Such at (202) 501–1759 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 93–

310.

SUPPLEMENTARY INFORMATION:

A. Background

While the North American Free Trade

Agreement (NAFTA) remains in effect,

the Canadian Free Trade Agreement

(CFTA) is suspended. The CFTA interim

rule published December 30, 1988 (53

FR 53340, FAC 84–41, FAR case 88–

070), which revised the FAR coverage