Unknown. Final rule
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/register/2002/12/30/02-32821A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-30.xml --- 67 250 Monday, December 30, 2002 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 79635 02-32863 Agricultural Agricultural Marketing Service RULES Apples; grade standards Correction, 79516-79517 02-32805 NOTICES Agency information collection activities: Proposed collection; comment request, 79552 02-32807 Livestock and meat marketing claims;
U.S. standards, 79552-79556 02-32806 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 02-32822 79572 02-32823 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 79564-79565 02-32803 Army Army Department See Engineers Corps NOTICES Agency information collection activities:
Proposed collection; comment request, 79572-79574 02-32810 02-32813 02-32814 02-32815 Patent licenses; non-exclusive, exclusive, or partially exclusive: Apparatus for lifting or pulling load, 79574 02-32809 Directional radiation detector and imager, 79574-79575 02-32817 Method of making vaccine for anthrax, 79575 02-32812 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 79635-79636 02-32959 Submission for OMB review; comment request, 79636-79637 02-32958 Meetings:
National Vaccine Advisory Committee, 79637 02-32864 Coast Guard Coast Guard NOTICES Meetings: Maritime security; ports, vessels, and facilities security measures, 79741-79806 02-32845 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Belarus, 79571 02-32820 Special access and special regime programs: Participation denial— Fieldston Clothes, Inc., 79571-79572 02-32950 Commodity Commodity Credit Corporation NOTICES Agency information collection activities:
Proposed collection; comment request, 79556-79557 02-32804 Defense Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 79578 02-32928 Grants and cooperative agreements; availability, etc.: Direct grant and fellowship programs, 79578-79581 02-32840 Indian education programs— Native American and Alaska Native Children in School Program, 79581-79587 02-32841 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permit, etc.:
Wisconsin Public Service Corp., 79587-79588 02-32911 Environmental statements; notice of intent: Moab Uranium Mill Tailings Site, UT; remediation; floodplain and wetland involvement; correction, 79588 02-32910 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Ponce, Penuelas, and Guayanilla, PR; Port of the Americas port complex, 79575-79576 02-32816 Patent licenses; non-exclusive, exclusive, or partially exclusive: System and method for remotely monitoring an interface between dissimilar materials et al., 79576-79577 02-32811 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:
Secondary aluminum production, 79807-79819 02-32779 Air quality implementation plans; approval and promulgation; various States: Kentucky, 79523-79525 02-32778 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Kentucky, 79543 02-32777 Water pollution control: National pollutant discharge elimination system— Storm water discharges for oil and gas construction activity that disturbs one to five acres of land; permit deadline, 79827-79832 02-32984 NOTICES Agency information collection activities:
Proposed collection; comment request, 79604-79606 02-32887 Submission for OMB review; comment request, 79606-79610 02-32900 02-32901 02-32902 02-32903 Air pollution control: State operating permits programs— Georgia, 02-32904 79610-79611 02-32905 02-32906 Pesticide programs: Endocrine Disruptor Screening Program; chemical selection approach for initial list; comment request, 79611-79629 02-32853 Water pollution; discharge of pollutants (NPDES): State programs— Arizona, 79629-79631 02-32907 Water supply:
Public water supply supervision program— Pennsylvania, 79631 02-32898 Executive Executive Office of the President See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 79556-79557 02-32804 FAA Federal Aviation Administration RULES Air carrier certification and operations: Foreign operated transport category airplanes; flightdeck security concerns, 79821-79825 02-32946 FCC Federal Communications Commission RULES Common carrier services:
Federal-State Joint Board on Universal Service— Universal service contribution methodology, 79525-79533 02-32925 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Universal service contribution methodology, 79543-79549 02-32926 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Guam, 79631-79632 02-32857 North Carolina, 79632 02-32858 02-32860 Northern Mariana Islands, 79632-79633 02-32859 Ohio, 79633 02-32856 Texas, 79633-79634 02-32855 Meetings:
Federal Radiological Preparedness Coordinating Committee, 79634 02-32854 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: llinois Power Co. et al., 79597-79600 02-32867 Environmental statements; notice of intent: Duluth, MN, 79600-79601 02-32963 Hydroelectric applications, 79601-79603 02-32875 02-32876 02-32877 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., 79588-79589 02-32874 02-32973 Cove Point LNG LP, 79590, 79595 02-32966 02-32967 02-32971 Florida Gas Transmission Co., 02-32968 79591-79593 02-32970 Natural Gas Pipeline Co. of America, 79592 02-32975 Southern Natural Gas Co. et al., 79592-79593 02-32870 Southern Natural Gas Co., 79591 02-32868 Southern Natural Gas Co. et al., 79593-79594 02-32869 Southern Star Central Gas Pipeline, Inc., 79596 02-32972 Tennessee Gas Pipeline Co., 79590-79591 02-32871 TransColorado Gas Transmission Co., 79595-79596 02-32974 Transcontinental Gas Pipe Line Corp., 79594-79595 02-32872 Vector Pipeline L.P., 79596 02-32965 Wyoming Interstate Company, Ltd., 79597 02-32969 Federal Railroad Federal Railroad Administration RULES Railroad accidents/incidents; reports classification and investigations:
Monetary threshold, 79533-79536 02-32766 NOTICES Exemption petitions, etc.: Atlantic & Western Railway, L.P., 79684-79685 02-32945 Locomotive & Tower Preservation, Ltd., 79685 02-32943 Montana Rail Link, Inc., 79685-79686 02-32942 Meetings: North County Transit District, Oceanside, CA; light rail passenger operations; regulatory waiver; hearing; correction, 79686 02-32941 Safety advisories, bulletins, and directives: 100-ton truck bolsters manufactured by National Castings of Sahagun, Mexico; failures, 79686-79687 02-32940 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control, 79634 02-32830 Formations, acquisitions, and mergers, 79634 02-32829 Food Food and Drug Administration NOTICES Agency information collection activities: Proposed collection; comment request, 79637-79639 02-32850 Submission for OMB review; comment request, 79639 02-32849 Harmonisation International Conference; pharmaceuticals guidelines availability: M4 common technical document; quality; questions and answers/location issues, 79639-79640 02-32852 Human drugs:
New drug applications— Diazepam Autoinjector, 79640-79641 02-32851 Forest Forest Service NOTICES Environmental statements; notice of intent: Martin Basin Rangeland Project, NV, 79557-79559 02-32861 Payette National Forest, ID, 79559-79561 02-32862 02-32957 Stanislaus National Forest, CA, 79561-79562 02-32808 Meetings: Resource Advisory Committees— Ketchikan, 79562 02-32824 Rogue/Umpqua, 79563 02-32960 Tuolumne County, 79562-79563 02-32842 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities:
Proposed collection; comment request, 79641-79642 02-32833 02-32834 Submission for OMB review; comment request, 79642-79645 02-32836 02-32837 02-32838 02-32839 Meetings: Mixed-finance transactions; preparation and review of evidentiary materials; model document presentation and comment request, 79645-79646 02-32835 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 79646-79647 02-32949 Interior Interior Department See Indian Affairs Bureau See Minerals Management Service NOTICES Meetings:
Delaware and Lehigh National Heritage Corridor Commission, 79646 02-32962 IRS Internal Revenue Service PROPOSED RULES Procedure and administration: Potentially abusive tax shelters; preparation, maintenance, and furnishing of lists of investors; cross-reference Public hearing, 79538 02-32893 International International Trade Commission NOTICES Import investigations: Video game systems, accessories, and components, 79647-79648 02-32892 Justice Justice Department NOTICES Agency information collection activities:
Proposed collection; comment request, 79648 02-32956 Labor Labor Department See Pension and Welfare Benefits Administration Management Management and Budget Office RULES Prompt Payment Act; implementation: Interest penalties under cost-reimbursement contract for services more than 30 days after receiving proper invoice; interim payment, 79515-79516 02-32821 Maritime Maritime Administration NOTICES Meetings: Voluntary Intermodal Sealift Agreement Joint Planning Advisory Group, 79687 02-32828 Minerals Minerals Management Service NOTICES Meetings:
International Offshore Pipeline Workshop 2003, 79647 02-32936 National Archives National Archives and Records Administration RULES Records management: Electronic records; transfer options expansion, 79517-79520 02-32818 NOTICES Agency records schedules; availability, 79658-79659 02-32819 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards: Light trucks; 2005-2007 model years Correction, 79549-79550 02-32944 NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:
DaimlerChrysler Corp., 79687-79689 02-32938 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— American Fisheries Act; implementation, 79691-79739 02-31700 Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 79536-79537 02-32843 PROPOSED RULES Fishery conservation and management: Magnuson-Stevens Act provisions— Bering Sea and Aleutian Islands king and tanner crabs; fishing capacity reduction program; correction, 79550-79551 02-32744 NOTICES Marine mammals:
Incidental taking; authorization letters, etc.— ConocoPhillips Alaska Inc.; on-ice seismic activities; ringed and bearded seals, 79565-79570 02-32846 Meetings: New England Fishery Management Council, 79570 02-32951 Permits: Marine mammals, 79570-79571 02-32847 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 79577-79578 02-32961 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office RULES Practice and procedure:
Foreign registration and domestic representative designation, 79520-79523 02-32801 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Deutsche Bank AG, 79649-79655 02-32894 Fidelity Management Trust Co. et al., 79655-79658 02-32895 Personnel Personnel Management Office NOTICES Federal Employees’ Group Life Insurance Program: New age bands and premiums, 79659-79662 02-32891 Postal Postal Rate Commission PROPOSED RULES Practice and procedure:
Rates and fees changes and mail classification schedule changes or establishment; additional filing requirements, 79538-79543 02-32707 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees Federal Emergency Management Agency; designation of officers to act as Director, 79513-79514 02-33047 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration RUS Rural Utilities Service NOTICES Agency information collection activities:
Proposed collection; comment request, 02-32825 79563-79564 02-32826 02-32827 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Nicholas-Applegate Capital Management et al., 79662-79664 02-32913 ReliaStar Life Insurance Co. of New York et al., 79664-79668 02-32914 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 79668-79670 02-32920 02-32924 Chicago Board Options Exchange, Inc., 79670-79671 02-32923 Chicago Stock Exchange, Inc., 79671-79673 02-32916 International Securities Exchange, Inc., 79673-79674 02-32917 National Association of Securities Dealers, Inc., 79674-79680 02-32915 02-32919 02-32921 New York Stock Exchange, Inc., 79680-79683 02-32918 02-32922 SBA Small Business Administration NOTICES Disaster loan areas:
Alaska, 79683 02-32931 Ohio, 79683 02-32932 Surface Surface Transportation Board NOTICES Railroad services abandonment: Illinois Central Railroad Co., 79689 02-32933 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Intellectual property rights, countries denying; identification:
Canada, 79683-79684 02-32955 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 79691-79739 02-31700 Part III Transportation Department, Coast Guard, 79741-79806 02-32845 Part IV Environmental Protection Agency, 79807-79819 02-32779 Part V Transportation Department, Federal Aviation Administration, 79821-79825 02-32946 Part VI Environmental Protection Agency, 79827-79832 02-32984 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 250 Monday, December 30, 2002 Rules and Regulations OFFICE OF MANAGEMENT AND BUDGET 5 CFR Part 1315 Prompt Payment AGENCY: Office of Management and Budget, Executive Office of the President. ACTION: Final rule. SUMMARY: The Office of Management and Budget
(OMB)is issuing a final revision to its rules on the Prompt Payment Act
(PPA)to implement section 1010 of the National Defense Authorization Act for Fiscal Year 2001, as amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2002. Section 1010 requires agencies to pay an interest penalty whenever they make an interim payment under a cost-reimbursement contract for services more than 30 days after the agency receives a proper invoice for payment from the contractor. Section 1007 states that the requirements of section 1010 apply to interim payments that are due on or after December 15, 2000 under any cost-reimbursement service contract regardless of when the contract was awarded. DATES: *Effective Date:* This final rule is effective December 30, 2002. *Applicable Dates:* This final rule shall apply to all interim payment requests that are due on or after December 15, 2000 and received under cost-reimbursement service contracts awarded before, on, or after December 15, 2000. However, no interest penalty shall accrue under this rule for any delay in payment that occurred prior to December 15, 2000. FOR FURTHER INFORMATION CONTACT: Martha Thomas-Mitchell, Financial Program Specialist, Financial Management Service, Department of the Treasury, on
(202)874-6757; Mathew Blum, Office of Federal Procurement Policy, OMB, on 202-395-4953; or Dana James, Office of Federal Financial Management, OMB, on 202-395-7480. SUPPLEMENTARY INFORMATION: I. Background Contractors who are awarded cost-reimbursement contracts are generally authorized to seek reimbursement, including reimbursement during the course of the contract (“interim payments”), for the allowable costs they incur in the performance of the contract. In the National Defense Authorization Act for Fiscal Year 2001, Public Law 106-398, 114 Stat. 1654, Congress imposed a new statutory requirement on agencies to pay an interest penalty on interim payments that are made late under cost-reimbursement service contracts. This requirement is set forth in section 1010 of the Act—“Interest Penalties for Late Payment of Interim Payments Due Under Government Service Contracts.” Under section 1010(a), “an agency acquiring services from a business concern under a cost reimbursement contract requiring interim payments who does not pay the concern a required interim payment by the date that is 30 days after the date of the receipt of a proper invoice shall pay an interest penalty to the concern on the amount of the payment due.” Interest is to be computed as provided in the Prompt Payment Act (PPA, 31 U.S.C. 3901, 3902(a)). Section 1010(b) directs OMB to “prescribe regulations to carry out this section,” which shall be prescribed as part of OMB's regulations implementing the PPA. (OMB's PPA regulations may be found at 5 CFR Part 1315.) Section 1010(c) states that “[t]he provisions of chapter 39 of title 31, United States Code [ *i.e.* , the PPA], shall apply to this section in the same manner as if this section were enacted as part of such chapter.” Finally, section 1010(d) provides that “Subsection
(a)shall take effect on December 15, 2000. No interest shall accrue by reason of that subsection for any period before that date.” On December 15, 2000, OMB published an interim final rule to implement section 1010 (65 FR 78403). The rule requires agencies to pay an interest penalty whenever they make an interim payment under a cost-reimbursement contract for services more than 30 days after the agency receives a proper invoice for payment from the contractor. The rule mandated application of the requirements of section 1010 to contracts awarded on or after December 15, 2000. The rule authorized agencies, at their discretion, to apply these requirements to interim payment requests received under cost-reimbursement service contracts awarded prior to December 15, 2000. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation
(FAR)to implement the changes in OMB's PPA regulations. See 66 FR 53485 (October 22, 2001). The FAR amendments add new policy and a contract clause to provide for penalty payments under covered contracts. Three public comments were received in response to OMB's interim final rule. The comments focused on the rule's applicability. Each of the commenters stated that the rule failed to fully implement section 1010 because it did not require application of its requirements to interim payment requests received under cost-reimbursement service contracts awarded prior to December 15, 2000. The commenters asserted that Congress intended for all cost-reimbursement contracts for services requiring interim payment to be covered by the requirements of section 1010. Subsequent to receipt of these public comments, Congress took action to clarify the application of section 1010, effectively removing the discretion that OMB afforded in its interim rule regarding application of section 1010 to contracts awarded prior to December 15, 2000. In particular, section 1007 of the National Defense Authorization Act for Fiscal Year 2002, Public Law 107-107, 115 Stat. 1012, enacted on December 28, 2001, states that the requirements of section 1010 apply with respect to “interim payment that are due on or after [December 15, 2000] under contracts entered into before, on, or after that date.” Accordingly, this final rule amends section 1315.20 of OMB's PPA's regulations, which address the application of section 1010, to incorporate the clarification made by section 1007. With the exception of the amendments made to section 1315.20, this final rule adopts the interim final rule without change. Agencies are authorized to issue modifications to contracts, as necessary, to conform them to the revisions made by this final rule. However, as required by Section 1010(d), no interest penalty shall accrue under this rule for any delay in payment that occurred prior to December 15, 2000. Neither section 1010 nor this final rule is intended to modify current agency practices or policies regarding dates for payment for interim payments on cost-reimbursement service contracts, other than to require—in accordance with section 1010(a)—that PPA interest penalties be paid on interim payments that are made more than 30 days after the agency receives a proper invoice. In particular, section 1010 leaves unaffected existing agency policies that call for these interim payments to be made well in advance of 30 days. For example, it is the policy of the Department of Defense to generally pay contractors 14 days or less after being billed for reimbursements on cost-reimbursement contracts. See subpart 232.906 of the Department of Defense Supplement to the Federal Acquisition Regulation (DFARS), 48 CFR Chapter 2. II. Regulatory Flexibility Act, Unfunded Mandates Reform Act, Congressional Review Act, and Executive Orders 12866 and 12875 This final rule will not have a significant economic effect on a substantial number of small entities; the regulations implement section 1010 of the National Defense Authorization Act for Fiscal Year 2001, as amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2002. Section 1010 requires Federal agencies to pay an interest penalty whenever they make interim payments on cost-reimbursement service contracts more than 30 days after they receive a proper invoice. For purposes of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4), as well as Executive Orders 12866 and 12875, the final rule will not significantly or uniquely affect small governments, and will not result in increased expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more. Finally, the final rule is not a “major rule” under 5 U.S.C. Chapter 8; the rule will not have any of the effects set forth in 5 U.S.C. 804(2). III. Paperwork Reduction Act The Paperwork Reduction Act does not apply to this final rule because the rule's changes do not impose new recordkeeping requirements or collections of information from offerors, contractors, or members of the public that require approval under 44 U.S.C. 3501, *et seq.* The information a contractor must submit in order to receive an interim payment under a cost-reimbursement service contract is addressed at section 1315.9(b)(2) of the revised PPA regulations. Section 1315.9(b)(2) states that an interim payment request must correctly include all the information required by the contract or by agency procedures. List of Subjects in 5 CFR Part 1315 Administrative practice and procedure, Government contracts, Penalties, Reporting and recordkeeping requirements. Mitchell E. Daniels, Jr., Director. Authority and Issuance For reasons set out in the preamble, the interim rule amending 5 CFR Part 1315 published at 65 FR 78403, December 15, 2000, is adopted as final with the following change: PART 1315—PROMPT PAYMENT 1. The authority citation for part 1315 is revised to read as follows: Authority: 31 U.S.C. chapter 39; Section 1010 of Public Law 106-398, 114 Stat. 1654; Section 1007 of Public Law 107-107, 115 Stat. 1012. 2. Section 1315.20 is revised to read as follows: § 1315.20 Application of Section 1010 of the National Defense Authorization Act for Fiscal Year 2001. Section 1010 of the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398, 114 Stat. 1654), as amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107, 115 Stat. 1012), requires an agency to pay an interest penalty whenever the agency makes an interim payment under a cost-reimbursement contract for services more than 30 days after the date the agency receives a proper invoice for payment from the contractor. This part implements Section 1010, as amended, and is applicable in the following manner:
(a)This part shall apply to all interim payment requests that are due on or after December 15, 2000 under cost-reimbursement service contracts awarded before, on, or after December 15, 2000.
(b)No interest penalty shall accrue under this part for any delay in payment that occurred prior to December 15, 2000.
(c)Agencies are authorized to issue modifications to contracts, as necessary, to conform them to the provisions in this part implementing Section 1010, as amended. [FR Doc. 02-32821 Filed 12-27-02; 8:45 am]
Connectionstraces to 3
6 references not yet in our index
- 5 CFR 1315
- Pub. L. 106-398
- 114 Stat. 1654
- Pub. L. 107-107
- 115 Stat. 1012
- Pub. L. 104-4
Citation graph
cites case law
Unknown
Final rule
Cite5 CFR 1315
Pub. L.Pub. L. 106-398
Stat.114 Stat. 1654
Pub. L.Pub. L. 107-107
Stat.115 Stat. 1012
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