Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations Review Under Executive Order 12866
Total Page：16
File Type：pdf, Size：1020Kb
15390 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations review under Executive Order 12866. In of construction material to include all availability or impracticability of U.S. accordance with the Regulatory delivery costs to the construction site, material. Flexibility Act (5 U.S.C. 601 et seq), the and any applicable duty (whether or not (c)(1) Offers based upon use of foreign construction material for cost savings will be Department has determined that this a duty-free entry certificate is issued.) considered reasonable if the cost of each rule will not have a significant This evaluation will be made for each foreign construction material, plus 6 percent, economic impact on a substantial foreign construction material proposed is less than the cost of comparable U.S. number of small entities because in the offer not excepted by the construction material. The Contracting minimal requirements are being added Government either in the solicitation at Officer will compute the cost of each foreign for small businesses and no protections 48 CFR 1452.225±70(a) or by subsequent construction material to include all delivery are being withdrawn. The Department amendment. costs to the construction site, and any has determined that this rule does not (c) The contractor shall pass to the applicable duty (whether or not a duty-free entry certificate is issued.) This evaluation constitute a major Federal action having Government any cost savings resulting will be made for each foreign construction a significant impact on the human from post-award approval to use foreign material included in the offer but not listed environment under the National material. The CO may approve in subparagraph (a) above in this clause. Environmental Policy Act of 1969. The exceptions based on cost if the (2) Any contractor cost savings from post Department has certified that this rule contractor can document that it used award approved substitution of foreign meets the applicable standards provided U.S. as well as foreign quotes to construction material for U.S. construction in Sections 2(a) and 2(b)(2) of Executive calculate the price it offered to the material shall be passed to the Government. Government. If it is shown that the (d)(1) This offer is based on the use of Order 12778. foreign construction material not listed in (a) contractor did not obtain the quotes above. For each foreign item proposed the List of Subjects in 48 CFR Parts 1425 before award, the Director, PAM is and 1452 offeror shall furnish the following authorized to disapprove requests for information for the foreign material offered: Government procurement, Reporting exceptions to the use of U.S. material. item description, supplier, unit of measure, and recordkeeping requirements. In case of disapproval, the contractor quantity, unit price, duty (even if a duty free certificate is issued), delivery costs, and total Dated: March 15, 1996. shall use the U.S. material and shall not pass on the additional cost of the U.S. price. The offeror shall furnish the following Bonnie Cohen, information for each U.S. material Assistant SecretaryÐPolicy, Management material to the Government. comparable to the foreign material: item and Budget. § 1425.205 Solicitation provision and description, supplier, unit of measure, Chapter 14 of Title 48 of the Code of contract clause. quantity, unit price, delivery costs and total In addition to using the clauses price. Federal Regulations is amended as (2) If the Government rejects the use of follows: required in FAR 25.205, the CO will insert the clause at 48 CFR 1452.225±70, foreign construction material listed under 1. The authority citation for 48 CFR paragraph (d)(1) above, the Government will parts 1425 and 1452 continues to read Use of Foreign Construction MaterialsÐ evaluate the offer using the offeror's stated as follows: Department of the Interior, in price for the comparable U.S. construction solicitations and contracts for material, and the offeror shall be required to Authority: Sec. 205(c), 63 Stat. 390; 40 construction, alteration, or repair inside furnish such domestic construction material U.S.C. 486(c), and 5 U.S.C. 301. the U.S. If the Government has at the originally offered price. In preaward 2. 48 CFR part 1425 is revised to read determined that a U.S. construction situations, an offer which does not state a as follows: material is unavailable, it will be listed price for a comparable U.S. construction material will be rejected by the Government. under paragraph (a) of the clause. PART 1425ÐFOREIGN ACQUISITION In postaward situations an offer proposing 3. Section 1452.225±70 is revised to foreign material which does not state the read as follows: Supart 1425.2ÐBuy American ActÐ price for the comparable U.S. construction Construction Materials § 1425.225±70 Use of Foreign material will be rejected by the Government. Construction Materials. The contractor shall use comparable U.S. Sec. As prescribed in 48 CFR 1425.205, material for the project and any additional 1425.203±70 Evaluating offers and price insert the following clause in cost for the use of this U.S. material shall be absorbed by the contractor. adjustment proposals. solicitations and contracts for 1425.205 Solicitation provision and construction, alteration, or repair inside (End of clause) contract clause. the United States: [FR Doc. 96±8493 Filed 4±5±96; 8:45 am] Authority: Sec. 205(c), 63 Stat. 390; 40 BILLING CODE 4310±RF±M U.S.C. 486(c), and 5 U.S.C. 301. Use of Foreign Construction MaterialsÐ Department of the Interior (APR 1996) Supart 1425.2ÐBuy American ActÐ (a) The Government has determined that DEPARTMENT OF TRANSPORTATION Construction Materials the Buy American Act is not applicable to the § 1425.203±70 Evaluating offers and price following construction materials because National Highway Traffic Safety adjustment proposals. they are not mined, produced, or Administration manufactured in the U.S. in sufficient (a) Upon receipt of an offered foreign quantities of a satisfactory quality: 49 CFR Part 541 construction material, the CO will (1) lllllllllllllllllll conduct a 2 part test to determine, first, (2) lllllllllllllllllll [Docket No. 96±17; Notice 01] if the cost of the components made in lllllllllllllllllll the U.S. exceeds 50% of the cost for all (3) RIN: 2127±AG34 (b) Offers based on the use of foreign the components; and second, if the item Federal Motor Vehicle Theft Prevention meets the first test, whether the item is construction materials other than those listed in (a) above may be acceptable if the Standard; Final Listing of Model Year manufactured in the U.S. Government determines that U.S. 1997 High-Theft Vehicle Lines (b) The cost of U.S. material is construction material is not available, would unreasonable if it exceeds the cost of the be impracticable or constitute unreasonable AGENCY: National Highway Traffic foreign construction material by more price. Please contract the Contracting Officer Safety Administration (NHTSA), than 6%. The CO will compute the cost with questions or comments concerning non- Department of Transportation. Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules and Regulations 15391 ACTION: Final rule. Another amendment made by the the 1997 model year because of standard Anti Car Theft Act was to 49 U.S.C. equipment antitheft devices. SUMMARY: This final rule announces 33103. This section required NHTSA to For MY 1997, the agency selected NHTSA's determination, for Model Year promulgate a parts-marking standard nine new vehicle lines as likely to be (MY) 1997, of high-theft vehicle lines applicable to major parts installed by high-theft lines, in accordance with the that will be subject to the parts-marking manufacturers of ``passenger motor procedures published in 49 CFR Part requirements of the Federal motor vehicles (other than light duty trucks) in 542. Of these newly selected lines, six vehicle theft prevention standard and not to exceed one-half of the lines not have been exempted by the agency from high-theft lines that will be exempted designated under section 33104 as high- the parts-marking requirements of Part from the parts-marking requirements theft lines.'' NHTSA published the final 541. The three lines that have not been because the vehicles are equipped with rule amending 49 CFR Part 541, which exempted are the Honda Passport, agency-approved antitheft devices, now includes the definitions of MPV Honda CRV, and Toyota RAV4. In pursuant to the statute relating to motor and LDT, and major component parts. addition to these newly selected lines, vehicle theft prevention. (See 59 F.R. 64164, December 13, 1995). 45 existing vehicle lines were added In carrying out section 33103, NHTSA EFFECTIVE DATE: The amendment made that fell below the median. Further, this by this final rule is effective April 8, reviewed theft rates of the 231 vehicle listing of high-theft vehicles includes all lines that were listed in the 1990/91 1996. those lines that were selected as high- theft rate data. (See 59 F.R. 12400, theft and listed for prior model years. FOR FURTHER INFORMATION CONTACT: Ms. March 16, 1994) A total of 116 vehicle The list of lines that have been Rosalind Proctor, Motor Vehicle Theft lines (any line rated a number 116 or exempted by the agency from the parts- Group, Office of Planning and lower) was in the eligible pool of lines marking requirements of Part 541 Consumer Programs, NHTSA, 400 potentially subject to parts-marking includes high-theft lines newly Seventh Street, S.W., Washington, D.C. pursuant to section 33103. exempted in full beginning with MY 20590. Ms. Proctor's telephone number Pursuant to the statutory mandate, 1997.