47418
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
Estimated/
actual cost
Standard
cost
Accumulating
System:
Job Order ......
lll
lll
Process .........
lll
lll
Has your cost estimating system been
approved by any Government agency?
Yes llll No llll
If yes, give name, date or approval, and
location of agency:
lllllllllllllllllllll
lllllllllllllllllllll
Has your cost accumulation system been
approved by any Government agency?
Yes llll No llll
If yes, give name, date of approval, and
address of agency:
lllllllllllllllllllll
lllllllllllllllllllll
(m) What is your fiscal year period? (Give
month-to-month dates):
lllllllllllllllllllll
lllllllllllllllllllll
What were the indirect cost rates for your
last completed fiscal year?
Fiscal year
Indirect
cost rate
Basis of al-
location
Fringe Benefits .....
lll
lll
Overhead ..............
lll
lll
G&A Expense .......
lll
lll
Other .....................
lll
lll
(n) Have the proposed indirect cost rate(s)
been evaluated and accepted by any
Government agency?
Yes llll No llll
If yes, give name, date of approval, and
location of the Government agency:
lllllllllllllllllllll
Date of last preaward audit review by a
Government agency:
lllllllllllllllllllll
If the answer is no, data supporting the
proposed rates must accompany the cost or
price proposal. A breakdown of the items
comprising overhead and G&A must be
furnished.
(o) Cost estimating is performed by:
Accounting Department
lllllllll
Contracting Department
lllllllll
Other (describe) lllllllllllll
(p) Has system of control of Government
property been approved by a Government
agency?
Yes llll No llll
If yes, give name, date of approval, and
location of the Government agency:
lllllllllllllllllllll
lllllllllllllllllllll
(q) Purchasing System: FAR 44.302
requires EPA, where it is the cognizant
Government agency, to conduct a Contractor
Purchasing System Review for each
contractor whose sales to the Government,
using other than sealed bid procedures, are
expected to exceed $25 million (annual
billings) during the next twelve months. The
$25 million sales threshold is comprised of
prime contracts, subcontractors under
Government prime contracts, and
modifications (except when the negotiated
price is based on established catalog or
market prices or is set by law or regulation).
Has your purchasing system been approved
by a Government agency?
Yes llll No llll
If yes, name and location of the
Government agency:
lllllllllllllllllllll
Period of Approval:
lllllllllll
If no, do you estimate that your negotiated
sales to the Government during the next
twelve months will meet the $25 million
threshold? Yes llll No llll
If you responded yes to the $25 million
threshold question, is EPA the cognizant
agency for your organization based on the
preponderance of Government contract
dollars?
Yes llll No llll
If EPA is not your cognizant Government
agency, provide the name and location of the
cognizant agency llllll
lllllllllllllllllllll
Are your purchasing policies and
procedures written?
Yes llll No llll
(r) Does your firm have an established
written incentive compensation or bonus
plan?
Yes llll No llll
(s) Additionally, offerors shall submit
current financial statements, including a
Balance Sheet, Statement of Income (Loss),
and Cash Flow for the last two completed
fiscal years. Specify resources available to
perform the contract without assistance from
any outside source. If sufficient resources are
not available, indicate in proposal the
amount required and the anticipated source
(i.e., bank loans, letter or lines of credit, etc.).
(End of Provision)
8. A new 1552. 215–74 is added to
read as follows:
1552.215–74
Advanced Understanding—
Uncompensated Time.
As prescribed in 1515.408(b), insert
the following provision or one
substantially the same as the following
provision:
Advanced Understanding—Uncompensated
Time (Aug 1999)
(a) The estimated cost of this contract is
based upon the Contractor’s proposal which
specified that exempt personnel identified to
work at the Contractor’s facilities will
provide uncompensated labor hours to the
contract totaling llll percent of
compensated labor. (Note: the commitment
for uncompensated time, and the formula
elements in paragraph (b) below, apply only
to exempt personnel working at the
Contractor’s facilities and does not include
non-exempt personnel or exempt personnel
working at other facilities.) Uncompensated
labor hours are defined as hours of exempt
personnel in excess of regular hours for a
llll pay period which are actually
worked and recorded in accordance with the
company policy, entitled, llllllll.
(b) Recognizing that the probable cost to
the Government for the labor provided under
this contract is calculated assuming a
proposed level of uncompensated labor
hours, it is hereby agreed that in the event
the proposed level of uncompensated labor
hours are not provided, an adjustment,
calculated in accordance with the following
formula will be made to the contract amount.
Formula:
Adjustment equals estimated value of
uncompensated time hours not provided.
Target uncompensated time percent minus
lll percent.
Shortage of uncompensated time percent
minus actual cost percent.
Estimated value of uncompensated time
hours not provided equals shortage of
uncompensated time percent times total
exempt applicable direct labor costs
(including applicable indirect costs).
(c) Within three weeks after the end of the
contract, the Contractor shall submit a
statement concerning the amount of
uncompensated time hours delivered during
the contract. In the event there is a shortage
of uncompensated time hours provided, a
calculation, utilizing the above formula will
be made and this calculation will be the basis
for an adjustment in the contract amount.
(d) In the event adjustments are made to
the contract, the adjusted amounts shall not
be allowable as a direct or indirect cost to
this or any other Government contract.
[End of clause]
Dated: August 6, 1999.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 99–22048 Filed 8–30–99; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AF24
Migratory Bird Hunting; Early Seasons
and Bag and Possession Limits for
Certain Migratory Game Birds in the
Contiguous United States, Alaska,
Hawaii, Puerto Rico, and the Virgin
Islands
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: This rule prescribes the
hunting seasons, hours, areas, and daily
bag and possession limits of mourning,
white-winged, and white-tipped doves;
band-tailed pigeons; rails; moorhens
and gallinules; woodcock; common
snipe; sandhill cranes; sea ducks; early
(September) waterfowl seasons;
migratory game birds in Alaska, Hawaii,
Puerto Rico, and the Virgin Islands; and
some extended falconry seasons. Taking
of migratory birds is prohibited unless
specifically provided for by annual
regulations. This rule permits taking of
designated species during the 1999–
2000 season.
47419
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
DATES: This rule is effective on
September 1, 1999.
FOR FURTHER INFORMATION CONTACT:
Jonathan Andrew, Chief, or Ron W.
Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife
Service, (703) 358–1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1999
On May 3, 1999, the U.S. Fish and
Wildlife Service (hereinafter Service or
we) published in the Federal Register
(64 FR 23742) a proposal to amend 50
CFR part 20. The proposal dealt with
the establishment of seasons, limits, and
other regulations for migratory game
birds under § 20.101 through 20.107,
20.109, and 20.110 of subpart K. On
June 17, we published in the Federal
Register (64 FR 32758) a second
document providing supplemental
proposals for early-and late-season
migratory bird hunting regulations
frameworks and the proposed regulatory
alternatives for the 1999–2000 duck
hunting season. The June 17
supplement also provided detailed
information on the 1999–2000
regulatory schedule and announced the
Service Migratory Bird Regulations
Committee and Flyway Council
meetings.
On June 22–23, we held meetings that
reviewed information on the current
status of migratory shore and upland
game birds and developed 1999–2000
migratory game bird regulations
recommendations for these species plus
regulations for migratory game birds in
Alaska, Puerto Rico, and the Virgin
Islands; special September waterfowl
seasons in designated States; special sea
duck seasons in the Atlantic Flyway;
and extended falconry seasons. In
addition, we reviewed and discussed
preliminary information on the status of
waterfowl as it relates to the
development and selection of the
regulatory packages for the 1999–2000
regular waterfowl seasons. On July 22,
we published in the Federal Register
(64 FR 39460) a third document
specifically dealing with the proposed
frameworks for early-season regulations
for the 1999–2000 duck hunting season.
On August 3–4, 1999, we held a
public meeting in Washington, DC, as
announced in the May 3, and June 17
Federal Registers, to review the status
of waterfowl. Proposed hunting
regulations were discussed for late
seasons. On August 27, 1999, we
published a fifth document on migratory
bird hunting. The fifth document dealt
specifically with proposed frameworks
for the 1999–2000 late-season migratory
bird hunting regulations. On August 27,
1999, we also published a sixth
document on migratory bird hunting.
The document contained final
frameworks for early migratory bird
hunting seasons from which wildlife
conservation agency officials from the
States, Puerto Rico, and the Virgin
Islands selected early-season hunting
dates, hours, areas, and limits.
The final rule described here is the
seventh in the series of proposed,
supplemental, and final rulemaking
documents for migratory game bird
hunting regulations and deals
specifically with amending subpart K of
50 CFR 20. It sets hunting seasons,
hours, areas, and limits for mourning,
white-winged, and white-tipped doves;
band-tailed pigeons; rails; moorhens
and gallinules; woodcock; common
snipe; sandhill cranes; sea ducks; early
(September) waterfowl seasons;
mourning doves in Hawaii; migratory
game birds in Alaska, Puerto Rico, and
the Virgin Islands; youth waterfowl
hunting day; and some extended
falconry seasons.
NEPA Consideration
NEPA considerations are covered by
the programmatic document, ‘‘Final
Supplemental Environmental Impact
Statement: Issuance of Annual
Regulations Permitting the Sport
Hunting of Migratory Birds (FSES 88–
14),’’ filed with the Environmental
Protection Agency on June 9, 1988. We
published a Notice of Availability in the
Federal Register on June 16, 1988 (53
FR 22582). We published our Record of
Decision on August 18, 1988 (53 FR
31341). Copies are available from the
address indicated under the caption
ADDRESSES.
Endangered Species Act Consideration
As in the past, we design hunting
regulations to remove or alleviate
chances of conflict between migratory
game bird hunting seasons and the
protection and conservation of
endangered and threatened species. We
conducted consultations to ensure that
actions resulting from these regulatory
proposals will not likely jeopardize the
continued existence of endangered or
threatened species or result in the
destruction or adverse modification of
their critical habitat. Findings from
these consultations are included in a
biological opinion and may have caused
modification of some regulatory
measures previously proposed. The
final frameworks reflect any
modifications. The biological opinions
resulting from our Section 7
consultation are public documents
available for public inspection in the
Service’s Division of Endangered
Species and MBMO, at the address
indicated under the caption ADDRESSES.
Executive Order (E.O.) 12866
Collectively, the rules covering the
overall frameworks for migratory bird
hunting are economically significant
and have been reviewed by the Office of
Management and Budget (OMB) under
E.O. 12866. This rule is a small portion
of the overall migratory bird hunting
frameworks and was not individually
submitted and reviewed by OMB under
E.O. 12866.
Regulatory Flexibility Act
These regulations have a significant
economic impact on substantial
numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). We analyzed the economic
impacts of the annual hunting
regulations on small business entities in
detail and issued a Small Entity
Flexibility Analysis (Analysis) in 1998.
The Analysis documented the
significant beneficial economic effect on
a substantial number of small entities.
The primary source of information
about hunter expenditures for migratory
game bird hunting is the National
Hunting and Fishing Survey, which is
conducted at 5-year intervals. The
Analysis was based on the 1996
National Hunting and Fishing Survey
and the U.S. Department of Commerce’s
County Business Patterns from which it
was estimated that migratory bird
hunters would spend between $429 and
$1,084 million at small businesses in
1998. Copies of the Analysis are
available upon request.
Small Business Regulatory Enforcement
Fairness Act
This rule is a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule
has an annual effect on the economy of
$100 million or more. However, because
this rule establishes hunting seasons, we
do not plan to defer the effective date
under the exemption contained in 5
U.S.C. 808(1) .
Paperwork Reduction Act
We examined these regulations under
the Paperwork Reduction Act of 1995.
We utilize the various recordkeeping
and reporting requirements imposed
under regulations established in 50 CFR
part 20, Subpart K, in the formulation of
migratory game bird hunting
regulations. Specifically, OMB has
approved the information collection
requirements of the Migratory Bird
Harvest Information Program and
assigned clearance number 1018–0015
47420
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
(expires 9/30/2001). This information is
used to provide a sampling frame for
voluntary national surveys to improve
our harvest estimates for all migratory
game birds in order to better manage
these populations. OMB has also
approved the information collection
requirements of the Sandhill Crane
Harvest Questionnaire and assigned
clearance number 1018–0023 (expires
9/30/2000). The information from this
survey is used to estimate the
magnitude, the geographical and
temporal distribution of harvest, and the
portion it constitutes of the total
population. A Federal agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Act, 2 U.S.C. 1502
et seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
government or private entities.
Civil Justice Reform-Executive Order
12988
The Department, in promulgating this
rule, has determined that these
regulations meet the applicable
standards found in Sections 3(a) and
3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order
12630, this rule, authorized by the
Migratory Bird Treaty Act, does not
have significant takings implications
and does not affect any constitutionally
protected property rights. This rule will
not result in the physical occupancy of
property, the physical invasion of
property, or the regulatory taking of any
property. In fact, these rules allow
hunters to exercise otherwise
unavailable privileges; and, therefore,
reduce restrictions on the use of private
and public property.
Federalism Effects (E.O. 12612)
Due to the migratory nature of certain
species of birds, the Federal government
has been given responsibility over these
species by the Migratory Bird Treaty
Act. We annually prescribe frameworks
from which the States make selections
and employ guidelines to establish
special regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and Tribes to determine which
seasons meet their individual needs.
Any State or Tribe may be more
restrictive than the Federal frameworks
at any time. The frameworks are
developed in a cooperative process with
the States and the Flyway Councils.
This allows States to participate in the
development of frameworks from which
they will make selections, thereby
having an influence on their own
regulations. These rules do not have a
substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with E.O. 12612, these
regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant a Federalism Assessment.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American tribal
Governments’’ (59 FR 22951) and 512
DM 2, we have evaluated possible
effects on Federally recognized Indian
tribes and have determined that there
are no effects.
Regulations Promulgation
The rulemaking process for migratory
game bird hunting must, by its nature,
operate under severe time constraints.
However, we intend that the public be
given the greatest possible opportunity
to comment on the regulations. Thus,
when the preliminary proposed
rulemaking was published, we
established what we believed were the
longest periods possible for public
comment. In doing this, we recognized
that when the comment period closed,
time would be of the essence. That is,
if there were a delay in the effective date
of these regulations after this final
rulemaking, the States would have
insufficient time to implement their
selected season dates and limits and
start their seasons in a timely manner.
We therefore find that ‘‘good cause’’
exists, within the terms of 5 U.S.C.
553(d)(3) of the Administrative
Procedure Act, and these regulations
will, therefore, take effect immediately
upon publication. Accordingly, with
each conservation agency having had an
opportunity to participate in selecting
the hunting seasons desired for its State
or Territory on those species of
migratory birds for which open seasons
are now prescribed, and consideration
having been given to all other relevant
matters presented, certain sections of
title 50, chapter I, subchapter B, part 20,
subpart K, are hereby amended as set
forth below.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Dated: August 24, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and
Parks.
PART 20—[AMENDED]
For the reasons set out in the
preamble, title 50, chapter I, subchapter
B, Part 20, subpart K of the Code of
Federal Regulations is amended as
follows:
1. The authority citation for Part 20
continues to read as follows:
Authority: 16 U.S.C. 703–712 and 16
U.S.C. 742a–j.
BILLING CODE 4310–55–P
47421
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47422
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47423
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47424
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47425
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47426
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47427
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47428
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47429
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47430
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47431
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47432
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47433
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47434
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47435
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47436
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
47437
Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / Rules and Regulations
[FR Doc. 99–22384 Filed 8–30–99; 8:45 am]
BILLING CODE 4310–55–C