issue-1996-01-17•Federal Register final rules — 1996-01-17
Federal Register final rules — 1996-01-17
issue-1996-01-17Federal Register final rules — 1996-01-17Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-439 Federal Motor Vehicle Safety Standards; Stability and Control of Medium and Heavy Vehicles During Braking
[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Rules and Regulations]
[Page 1152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-439]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 92-29; Notice 9]
RIN 2127-AF96
Federal Motor Vehicle Safety Standards; Stability and Control of
Medium and Heavy Vehicles During Braking
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule, notice to extend time period for petitions for
reconsideration.
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SUMMARY: This document extends the period of time to submit petitions
for reconsideration of a final rule published on December 13, 1995 that
responded to petitions for reconsideration of a final rule that amended
Standard No. 105, Hydraulic Brake Systems, and Standard No. 121, Air
Brake Systems, to require medium and heavy vehicles be equipped with an
antilock brake system (ABS).
DATES: Petitions for Reconsideration: Any petitions for reconsideration
of the December 13, 1995 final rule must be received by NHTSA no later
than January 29, 1996.
ADDRESSES: Petitions for reconsideration should refer to Docket No. 92-
29, Notice 7 and should be submitted to: Administrator, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. Marvin L. Shaw, NCC-20, Rulemaking
Division, Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590 (202)
366-2992.
SUPPLEMENTARY INFORMATION: On December 13, 1995, NHTSA published a
final rule responding to petitions for reconsideration of final rules
addressing the brake performance of medium and heavy vehicles. (60 FR
63965). The December final rule required petitions for reconsideration
to be submitted no later than January 12, 1996.
On December 5, 1995, NHTSA published a final rule that amended
NHTSA's procedural rules. (60 FR 62221) Among other things, that rule
provided that the agency will accept petitions for reconsideration of a
final rule, if they are received not more than 45 days after the
publication of the final rule. Previously, petitions for
reconsideration had to be received not more than 30 days following
publication of a final rule.
NHTSA inadvertently did not apply this new procedural amendment to
the December 13, 1995 final rule that addressed heavy vehicle brake
performance. Given that the new procedural amendments should have
applied to that notice, the agency is extending the period of time that
interested parties may submit petitions for reconsideration an
additional 15 days. Accordingly, any petitions for reconsideration of
the December 13, 1995 final rule must be received by NHTSA no later
than January 29, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-439 Filed 1-11-96; 2:23 pm]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-373 Amendment of Class E Airspace; Britton, SD
[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Rules and Regulations]
[Pages 1149-1150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-373]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 95-AGL-14]
Amendment of Class E Airspace; Britton, SD
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment modifies Class E airspace at Britton, SD. A
nondirectional radio bacon (NBD) or Global Positioning System (GPS)
standard instrument approach procedure (SIAP) to Runway 13 has been
revised for the Britton Municipal Airport. The intended effect of this
action is to provide controlled airspace extending upward from 700 feet
above ground level (AGL) and 1200 feet AGL for aircraft executing the
approach.
EFFECTIVE DATE: 0901 UTC, April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Eleanor J. Williams, Air Traffic Division, System Management Branch,
AGL-530, Federal Aviation Administration, 2300 East Devon Avenue, Des
Plaines, Illinois 60018, telephone (708) 294-7568.
SUPPLEMENTARY INFORMATION:
History
On October 30, 1995, the FAA proposed to amend part 71 of the
Federal Aviation regulations (14 CFR part 71) by modifying the Class E
airspace area at Britton, SD (60 FR 55226). The proposal was to add
controlled airspace to accommodate the revised NDB or GPS SIAP.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Class E airspace
designations for areas extending upward from 700 feet or more above the
surface of the earth, are published in paragraph 6005 of FAA Order
7400.9C dated August 17, 1995, and effective September 16, 1995, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends Class E airspace at Britton, SD, by providing
additional controlled airspace for aircraft executing the NBD or GPS
Runway 13 SIAP at Britton Municipal Airport. Controlled airspace
extending upward from 700 feet AGL and 1200 feet AGL is needed for
aircraft executing the approach. The area will be depicted on
appropriate aeronautical charts thereby enabling pilots to
circumnavigate the area or otherwise comply with IFR procedures.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
[[Page 1150]]
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AGL SD E5 Britton, SD [Revised]
Britton Municipal Airport
(lat. 45 deg.48'57'' N, long. 97 deg.44'39'' W)
That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Britton Municipal Airport and that
airspace extending upward from 1,200 feet above the surface bounded
on the west by long. 98 deg.30'00'' W., on the north by lat.
46 deg.30'00'' N., on the east by long. 97 deg.00'00'' W., and on
the south by lat. 44 deg.30'00'' N., excluding the Fargo, ND;
Watertown, SD; Huron, SD; Aberdeen, SD; 1,200 foot Class E airspace
areas and all federal airways.
* * * * *
Issued in Des Plaines, Illinois on December 29, 1995.
Jeffrey L. Griffith,
Acting Manager, Air Traffic Division.
[FR Doc. 96-373 Filed 1-16-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-324 Milk in the Carolina, Tennessee Valley, and Louisville-Lexington- Evansville Marketing Areas; Order Amending the Orders
[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Rules and Regulations]
[Pages 1147-1149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-324]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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Federal Register / Vol. 61, No. 11 / Wednesday, January 17, 1996 /
Rules and Regulations
[[Page 1147]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1005, 1011, and 1046
[Docket No. AO-388-A8 et al.; DA-94-12]
Milk in the Carolina, Tennessee Valley, and Louisville-Lexington-
Evansville Marketing Areas; Order Amending the Orders
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the pooling standards of the Tennessee
Valley and Carolina orders; modifies the marketing areas of the
Tennessee Valley and Louisville-Lexington-Evansville orders; changes
the location adjustment under the Carolina order for plants located in
the Middle Atlantic marketing area; and changes the base-paying months
under the Carolina order. The amendments are based upon industry
proposals considered at a public hearing held on January 4, 1995. Each
amended order was approved by more than two-thirds of the producers
voting in the specified marketing area.
EFFECTIVE DATE: February 16, 1996.
FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist,
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.
SUPPLEMENTARY INFORMATION: This administrative action is governed by
the provisions of Sections 556 and 557 of Title 5 of the United States
Code and, therefore, is excluded from the requirements of Executive
Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the
Agency to examine the impact of a proposed rule on small entities.
Pursuant to 5 U.S.C. 605(b), the Administrator of the Agricultural
Marketing Service has certified that this rule will not have a
significant economic impact on a substantial number of small entities.
The amended order will promote more orderly marketing of milk by
producers and regulated handlers.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have a retroactive
effect. This rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), provides that administrative proceedings must be
exhausted before parties may file suit in court. Under section
608c(15)(A) of the Act, any handler subject to an order may file with
the Secretary a petition stating that the order, any provision of the
order, or any obligation imposed in connection with the order is not in
accordance with the law and requesting a modification of an order or to
be exempted from the order. A handler is afforded the opportunity for a
hearing on the petition. After a hearing, the Secretary would rule on
the petition. The Act provides that the district court of the United
States in any district in which the handler is an inhabitant, or has
its principal place of business, has jurisdiction in equity to review
the Secretary's ruling on the petition, provided a bill in equity is
filed not later than 20 days after the date of the entry of the ruling.
Prior documents in this proceeding:
Notice of Hearing: Issued November 21, 1994; published November 25,
1994 (59 FR 60574).
Recommended Decision: Issued August 17, 1995; published August 24,
1994 (60 FR 43986).
Final Decision: Issued December 4, 1995; published December 18,
1995 (60 FR 65023).
Findings and Determinations
The findings and determinations hereinafter set forth supplement
those that were made when the orders were issued and when they were
amended. The previous findings and determinations are hereby ratified
and confirmed, except where they may conflict with those set forth
herein.
(a) Findings. A public hearing was held upon certain proposed
amendments to the tentative marketing agreements and to the orders
regulating the handling of milk in the aforesaid marketing areas. The
hearing was held pursuant to the provisions of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and the
applicable rules of practice and procedure (7 CFR Part 900).
Upon the basis of the evidence introduced at such hearing and the
record thereof, it is found that:
(1) The said orders as hereby amended, and all the terms and
conditions thereof, will tend to effectuate the declared policy of the
Act;
(2) The parity prices of milk, as determined pursuant to section 2
of the Act, are not reasonable in view of the price of feeds, available
supplies of feeds, and other economic conditions which affect market
supply and demand for milk in the marketing areas. The minimum prices
specified in the orders, as hereby amended, are such prices as will
reflect the aforesaid factors, insure a sufficient quantity of pure and
wholesome milk, and be in the public interest; and
(3) The said orders, as hereby amended, will regulate the handling
of milk in the same manner as, and will be applicable only to persons
in the respective classes of industrial and commercial activity
specified in, marketing agreements upon which a hearing has been held.
(b) Determinations. It is hereby determined that:
(1) The refusal or failure of handlers (excluding cooperative
associations specified in Sec. 8c(9) of the Act) of more than 50
percent of the milk which is marketed within the aforesaid marketing
areas to sign a proposed marketing agreement tends to prevent the
effectuation of the declared policy of the Act;
(2) The issuance of this order amending the orders is the only
practical means pursuant to the declared policy of the Act of advancing
the interests of producers as defined in the orders as hereby amended;
and
(3) The issuance of the order amending the orders is favored by at
least two-thirds of the producers who during August 1995 were engaged
in the production of milk for sale in the aforesaid marketing areas.
List of Subjects in 7 CFR Part 1005, 1011, 1046
Milk marketing orders.
[[Page 1148]]
Order Relative to Handling
It is therefore ordered, that on and after the effective date
hereof, the handling of milk in each of the specified marketing areas
shall be in conformity to and in compliance with the terms and
conditions of the orders, as amended, and as hereby further amended, as
follows:
1. The authority citation for 7 CFR parts 1005, 1011, and 1046
continues to read as follows:
Authority: 7 U.S.C. 601-674.
PART 1005--MILK IN THE CAROLINA MARKETING AREA
2. In Sec. 1005.7, the reference ``(d)'' in the introductory text
is revised to read ``(e)'', in paragraph (b) the words ``Director of
the Dairy Division'' and ``Director'' are revised to ``market
administrator'' wherever they appear, paragraph (d) is redesignated as
paragraph (e) and revised, and a new paragraph (d) is added to read as
follows:
Sec. 1005.7 Pool plant.
* * * * *
(d) A plant located within the marketing area (other than a
producer-handler plant or a governmental agency plant) that meets the
qualifications described in paragraph (a) of this section regardless of
its quantity of route disposition in any other Federal order marketing
area.
(e) The term ``pool plant'' shall not apply to the following
plants:
(1) A producer-handler plant;
(2) A governmental agency plant;
(3) A plant with route disposition in this marketing area that is
located within the marketing area of another Federal order and that is
fully regulated under such order;
(4) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area but which
also meets the pooling requirements of another Federal order and from
which there is a greater quantity of route disposition, except filled
milk, during the month in such other Federal order marketing area than
in this marketing area; and
(5) A plant qualified pursuant to paragraph (b) of this section if
the plant has automatic pooling status under another Federal order or
if the plant meets the pooling requirements of another Federal order
during the month and makes greater qualifying shipments to plants
regulated under such other order than to plants regulated under this
order.
Sec. 1005.32 [Amended]
3. In Sec. 1005.32(a), the words ``March through June'' are revised
to read ``February through May'' wherever they appear.
4. In Sec. 1005.53, paragraph (a)(6) is redesignated as paragraph
(a)(7) and revised, and a new paragraph (a)(6) is added to read as
follows:
Sec. 1005.53 Plant location adjustments for handlers.
* * * * *
(a) * * *
(6) For a plant located within the Middle Atlantic Federal Order
Marketing Area (Part 1004), the adjustment shall be computed by
subtracting the base zone Class I price specified in Sec. 1005.50(a)
from the Class I price applicable at such plant under the Middle
Atlantic Federal Order; and
(7) For a plant located outside the areas specified in paragraphs
(a)(1) through (a)(6) of this section, the adjustment shall be a minus
2.5 cents for each 10 miles or fraction thereof (by the shortest hard-
surfaced highway distance as determined by the market administrator)
that such plant is from the nearer of the city halls in Greenville,
South Carolina, or Charlotte or Greensboro, North Carolina.
Sec. 1005.61 [Amended]
5. In Sec. 1005.61 paragraphs (a) introductory text and (a)(5), the
words ``July through February'' are revised to read ``June through
January'' and in paragraph (b) introductory text the words ``March
through June'' are revised to read ``February through May''.
Secs. 1005.90 and 1005.91 [Amended]
6. In Secs. 1005.90 and 1005.91, the words ``March through June''
are revised to read ``February through May'' wherever they appear.
Sec. 1005.93 [Amended]
7. In Sec. 1005.93 paragraph (b), the words ``March through June''
are revised to read ``February through May'' wherever they appear, the
words ``February 1'' are revised to read ``January 1'', and in
paragraph (e) introductory text the words ``March 1'' are revised to
read ``February 1''.
Sec. 1005.94 [Amended]
8. In Sec. 1005.94, the words ``February 1'' are revised to read
``January 1''.
PART 1011--MILK IN THE TENNESSEE VALLEY MARKETING AREA
9. Section 1011.2 is amended by revising paragraph (b) to read as
follows:
Sec. 1011.2 Tennessee Valley Marketing Area.
* * * * *
(b) In Kentucky, the counties of Bell, Breathitt, Clay, Harlan,
Jackson, Knott, Knox, Laurel, Leslie, Letcher, McCreary, Owsley, Perry,
Pulaski, Rockcastle, and Whitley.
* * * * *
10. In Sec. 1011.7, the reference ``(d)'' in the introductory text
is revised to read ``(e)'', paragraph (b) is revised, paragraph (d) is
redesignated as paragraph (e) and revised, and a new paragraph (d) is
added to read as follows:
Sec. 1011.7 Pool plant.
* * * * *
(b) A plant, other than a plant described in paragraph (a) of this
section, from which fluid milk products, except filled milk, are
shipped to plants described in paragraph (a) of this section subject to
the following additional conditions:
(1) During the months of August through November, January and
February, such shipments must equal not less than 60 percent (40
percent during the months of December and March through July) of the
total quantity of milk approved by a duly constituted regulatory agency
for fluid consumption that is received during the month at such plant
from handlers described in Sec. 1011.9(c) and (d) and from dairy
farmers, including milk that is diverted from the plant pursuant to
Sec. 1011.13 but excluding milk diverted to the plant;
(2) The operator of a plant described in this paragraph may include
milk diverted from the plant to plants described in paragraph (a) of
this section for up to one-half of the shipments required pursuant to
this paragraph;
(3) A plant which meets the shipping requirements specified in this
paragraph during the months of July through February shall be a pool
plant during the following months of March through June unless the milk
received at the plant does not continue to meet the requirements of a
duly constituted regulatory agency, the plant fails to meet a shipping
requirement instituted pursuant to paragraph (b)(4) of this section, or
a written application is filed by the plant operator with the market
administrator on or before the first day of any such month requesting
that the plant be designated a nonpool plant for such month and for
each subsequent month through June during which it would not otherwise
qualify as a pool plant; and
(4) The shipping requirements described in paragraph (b)(1) and
(b)(3) of this section may be increased or decreased up to 10
percentage points by the market administrator if he or she
[[Page 1149]]
finds that revision is necessary to obtain needed shipments or to
prevent uneconomic shipments. Before making such a finding, the market
administrator shall investigate the need for revision either at his or
her own initiative or at the request of interested persons. If the
investigation shows that a revision may be appropriate, the market
administrator shall issue a notice stating that the revision is being
considered and invite data, views, and arguments.
* * * * *
(d) A plant located within the marketing area (other than a
producer-handler plant or a governmental agency plant) that meets the
qualifications described in paragraph (a) of this section regardless of
its quantity of route disposition in any other Federal order marketing
area.
(e) The term ``pool plant'' shall not apply to the following
plants:
(1) A producer-handler plant;
(2) A governmental agency plant;
(3) A plant with route disposition in this marketing area that is
located within the marketing area of another Federal order and that is
fully regulated under such order;
(4) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area but which
also meets the pooling requirements of another Federal order and from
which there is a greater quantity of route disposition, except filled
milk, during the month in such other Federal order marketing area than
in this marketing area; and
(5) A plant qualified pursuant to paragraph (b) of this section if
the plant has automatic pooling status under another Federal order or
if the plant meets the pooling requirements of another Federal order
during the month and makes greater qualifying shipments to plants
regulated under such other order than to plants regulated under this
order.
Sec. 1011.13 [Amended]
11. In Sec. 1011.13 paragraph (e)(3), the words ``Director of the
Dairy Division'' and ``Director'' are revised to read ``market
administrator'' wherever they appear.
12. Section 1011.52(a)(3) is revised to read as follows:
Sec. 1011.52 Plant location adjustments for handlers.
(a) * * *
(3) For such milk which is physically received at a plant located
within the Kentucky counties of Bell, Breathitt, Clay, Harlan, Jackson,
Knott, Knox, Laurel, Leslie, Letcher, McCreary, Owsley, Perry, Pulaski,
Rockcastle, and Whitley, the Class I price shall be decreased by 32
cents; and
* * * * *
PART 1046--MILK IN THE LOUISVILLE-LEXINGTON-EVANSVILLE MARKETING
AREA
Sec. 1046.2 [Amended]
13. In Sec. 1046.2, in the list of Kentucky counties, the word
``Pulaski'' is removed.
Dated: January 2, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-324 Filed 1-16-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-265 General Services Administration Acquisition Regulation; Implementation of FASA Small Business; Protest, Disputes and Appeals; Subcontractor Payments Rules, and Service Contract Funding
[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Rules and Regulations]
[Pages 1150-1152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-265]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 505, 519, 520, 532, 533, and 552
[APD 2800.12A, CHGE 69]
RIN 3090-AF87
General Services Administration Acquisition Regulation;
Implementation of FASA Small Business; Protest, Disputes and Appeals;
Subcontractor Payments Rules, and Service Contract Funding
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is amended to implement several sections of the Federal
Acquisition Streamlining Act of 1994 (Pub. L. 103-355) which related to
protests, disputes and appeals; subcontractor payments, service
contract funding and small business programs. This change revises the
GSAR to accommodate those changes and to reflect current organizational
changes within GSA. In addition, GSA Form 2677, Minority Contract Fact
Sheet, is removed and GSA Form 2689, Procurement Not Set Aside, is
revised to illustrate the new edition of the form.
EFFECTIVE DATE: December 29, 1995.
FOR FURTHER INFORMATION CONTACT: Victoria Moss, Office of GSA
Acquisition Policy, (202) 501-4764.
SUPPLEMENTARY INFORMATION:
A. Public Comments
This rule was not published in the Federal Register for public
comment because it merely revises the GSAR to conform to the Federal
Acquisition Regulation (FAR) and makes organizational changes within
GSA.
B. Executive Order 12866
This rule was not submitted to the Office of Management and Budget
for review because it is not a significant rule as defined in Executive
Order 12866, Regulatory Planning and Review.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply because this rule is
not a significant revision as defined in FAR 1.501-1.
D. Paperwork Reduction Act
This rule does not impose any information collection or
recordkeeping requirements that require the approval of OMB under 44
U.S.C. 3501 et seq. Therefore, the requirements of the Paperwork
Reduction Act do not apply.
List of Subjects in 48 CFR Parts 505, 519, 520, 532, 533, and 552
Government procurement.
Accordingly, 48 CFR Parts 505, 519, 520, 532, 533 and 552 are
amended as follows:
1. The authority citation for 48 CFR Parts 505, 519, 520, 532, 533,
and 552 continues to read as follows:
Authority: 40 U.S.C. 486(c).
PART 505--PUBLICIZING CONTRACT ACTIONS
2. Section 505.303-70 is amended by revising paragraphs (a)(1),
(b)(1), (b)(2), and (b)(3)(ii) to read as follows:
505.303-70 Notification of proposed substantial awards and awards
involving Congressional interest.
(a) * * *
(1) A contract with the Small Business Administration (the 8(a)
program) exceeding or estimated to exceed $100,000.
* * * * *
(b) * * *
(1) The Office of Congressional and Intergovernmental Affairs (S)
will notify the heads of contracting activities in writing with the
names of Members of Congress who wish to be notified of any or all
contract awards in excess of $100,000 to contractors located within
their district or State, as applicable. Upon such notification, the
contracting activities will provide, via electronic mail, facsimile or
hand delivery applicable notices of award to S. A copy of the submittal
should be provided to the regional congressional liaison office.
(2) Except for submittals hand delivered to S, the submittal must
be made by electronic mail or facsimile transmission. Except for
contracts awarded under urgent and compelling circumstances,
notification to S of an award must made on the same day that the award
is made and 24 hours before telephonic notice (if applicable) is
provided to the contractor. If the timeframe for notification to S
cannot be met, the Contracting Director must notify S by telephone.
(3) * * *
(ii) Identify the type of contract and contractor using the
following codes:
(A) DO for definite quantity contract.
(B) SC for schedule contract.
(C) TC for indefinite delivery contract other than schedule.
(D) S for small business concern.
(E) SD for small disadvantaged business concern.
(F) WO for women-owned small business concern.
(G) O for other than a small business concern.
* * * * *
3. Part 519 is amended by revising the heading to read as follows:
PART 519--SMALL BUSINESS PROGRAMS
4. Section 519.001 is revised to read as follows:
519.001 Definitions.
Agency small business technical advisors (SBTAs) as used in this
part, means the individuals designated in writing by the Office of
Enterprise Development (E). In addition to the duties outlined at FAR
19.201(c), the agency small business technical advisors perform the
functions of the small business specialist described in FAR 19.506 (a)
and (b) and 19.705-4(d)(5).
5. Section 519.201 is revised to read as follows:
519.201 General policy.
The Associate Administrator for Enterprise Development (E) may make
recommendations to the contracting officer as to whether a particular
acquisition should be awarded under
[[Page 1151]]
FAR 19.5 as a set-aside or under FAR 19.8 as a section 8(a) award
directly or through the SBTA.
6. Section 519.202-2 is revised to read as follows:
519.202-2 Locating small business sources.
Contracting officers should request assistance from SBTAs in
locating small business sources.
519.202-5 [Removed]
7. Section 519.202-5 is removed.
8. Section 519.502-70 is amended by revising paragraphs (a) and (d)
to read as follows:
519.502-70 Review of non-set-aside determinations.
(a) If the contracting officer decides that a procurement that is
expected to exceed $100,000 cannot be set aside for small business, the
reasons for the decision must be recorded on the GSA Form 2689,
Procurement Not Set Aside. The GSA Form 2689 must be submitted to the
SBTA for review and coordination with the SBA.
* * * * *
(d) Before the GSA or SBA reviewing officials provide additional
small business sources to the contracting officer when requesting
reconsideration of the non-set-aside determination, the reviewing
officials shall contact the sources to ensure the sources are
interested in submitting offers and to obtain information regarding the
capability of the sources to fulfill the Government's requirements. The
information obtained should be provided to the contracting officer for
consideration.
* * * * *
519.503 [Amended]
9. Section 519.503 is amended in the last sentence of paragraph (b)
format: ``Small Business Class Set-Aside Determination,'' by removing
the words ``for which small purchase procedures are to be used'' and
inserting in their place ``of $100,000 or less.''
519.602-3 [Amended]
10. Section 519.602-3 is amended by removing the office symbol
``AU'' once in paragraph (a) and where it appears three times in
paragraph (b) and inserting office symbol ``E'' in its place.
11. Subpart 519.7 is amended by revising the heading to read as
follows.
Subpart 519.7 Subcontracting With Small Business, Small
Disadvantaged Business and Women-Owned Small Business Concerns
12. Section 519.708 is revised to read as follows:
519.708 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 552.219-
72, Notice to Offerors of Subcontracting Plan Requirements, on the
cover page of the solicitation if the solicitation includes the clause
at FAR 52.219-9, Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan.
(b) The contracting officer shall insert the provision at 552.219-
73, Preparation, Submission, and Negotiation of Subcontracting Plans,
in negotiated solicitations if the solicitation includes the clause at
FAR 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business
Subcontracting Plan, and the contract will be awarded on the basis of
an evaluation of technical and/or management proposals and cost or
price proposals using source selection procedures. The provision does
not apply to (1) solicitations for commercial products, or (2)
solicitations where, in the judgment of the contracting officer,
subcontracting opportunities are minimal.
(c) The contracting officer shall insert the provision at 552.219-
74, Goals for Subcontracting Plan, in sealed bid solicitations if the
solicitation includes the clause at FAR 52.219-9, Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan. The
basic provision should be used when the contracting officer is able to
realistically establish target goals. Alternate 1 should be used in
sealed bid solicitations when the contracting officer cannot establish
realistic target goals and in negotiated solicitations that include the
clause at FAR 52.219-9 but do not include the provision at 552.219-73.
13. Section 519.803-70 is revised to read as follows:
519.803-70 Contracting officer evaluation of recommendations for 8(a)
set-aside(s).
If the Associate Administrator for Enterprise Development (E) or
the SBTA recommends that a procurement be set aside for award under the
8(a) program and the contracting officer disagrees, the contracting
officer shall discuss the matter with the official that made the
recommendation before making a decision. If the contracting officer
decides not to award the contract under the 8(a) program as
recommended, the reasons for the decision must be documented for the
record as required by FAR 19.202 and a copy of the documentation must
be forwarded to E within 10 working days of the contracting officer's
decision.
PART 520--[RESERVED]
14. Part 520 is removed and reserved.
PART 532--CONTRACTING FINANCING
15. Sections 532.112 and 532.112-1 are added to read as follows:
532.112 Payment of subcontractors under contracts for non-commercial
items.
532.112-1 Subcontractor assertions of nonpayment.
Contracting officers who determine that a certification of payment
of a subcontractor or supplier under FAR 32.112-1 is inaccurate in any
material respect shall report the matter to the Office of Inspector
General. If appropriate, the Office of Inspector General will forward a
report and recommendation to the Department of Justice.
16. Section 532.705-1 is revised to read as follows:
532.705-1 Clauses for contracting in advance of funds.
The contracting officer shall insert the clause at 552.232-77,
Availability of Funds, in solicitations and contracts for services
which are ``severable'' when the contact, or a portion of the contract,
will be chargeable to funds of the new fiscal year and the
circumstances described in the prescriptions for the FAR clauses at
52.232-18 or 52.232-19 do not apply.
PART 533--PROTESTS, DISPUTES, AND APPEALS
17. In Section 533.104 paragraph (a) the heading is revised to
read: ``General procedures,'' the FAR cite in paragraph (a)(1) is
revised to read ``FAR 33.104(a)(3);'' remove ``25 workdays'' in
paragraph (a)(3)(v) and insert ``35 days,''; revise the FAR cite in
paragraph (b)(5) introductory text to read ``FAR 33.104(a)(2), remove
the words ``within 7 calendar days of receiving this notice'' in the
last paragraph of (a)(5), remove the word ``calendar'' in the first
sentence of paragraph (b), and revise paragraphs (c) and (d) to read as
follows:
533.104 Protests to GAO.
* * * * *
(c) Protests after award. If the protest is received from GAO (not
from protester or any other party) within the time periods specified in
FAR 33.104(c) contract performance must be suspended unless the HCA
determines in writing that contract performance is in the best
interests of the United States
[[Page 1152]]
or that urgent and compelling circumstances that significantly affect
the interests of the United States do not permit waiting for the GAO's
decision. The written determination and findings (D&F), in the format
shown at 501.704-70(e)(2), should be prepared by the contracting
officer for signature of the HCA. The D&F must be concurred in by the
Regional Counsel (on regional procurements), and the appropriate AGC.
After the D&F is approved, it must be returned to the AGC who notifies
GAO of the agency's findings and intended action before contract
performance is authorized.
(d) Notice to GAO. The HCA responsible for the solicitation,
proposed award, or award of the contract must report to the Comptroller
General through the OGC within 65 days of receipt of the GAO's
recommendation if the agency has decided not to comply with the
recommendation. The report must explain the reasons why the GAO's
recommendation will not be followed.
533.105 [Amended]
18. In section 533.105 paragraph (a)(1) introductory text, remove
the words ``Resources Management'' after the word ``Information'' and
insert in their place ``Technology.''
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.219-9 [Removed]
19. Section 552.219-9 and its Alternate I are removed.
552.219-16 [Removed]
20. Section 552.219-16 is removed.
21. Section 552.219-72 is revised to read as follows:
552.219-72 Notice to Offerors of Subcontracting Plan Requirements.
As prescribed in 519.708(a), insert the following provision:
NOTICE OF OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (DEC 1995)
The General Services Administration (GSA) is committed to
assuring that maximum practicable opportunity is provided to small,
small disadvantaged, and women-owned small business concerns to
participate in the performance of this contract consistent with its
efficient performance. GSA expects any subcontracting plan submitted
pursuant to FAR 52.219-9, Small, Small Disadvantaged and Women Owned
Small Business Subcontracting Plan, to reflect this commitment.
Consequently, an offeror, other than a small business concern,
before being awarded a contract exceeding $500,000 ($1,000,000 for
construction) will be required to demonstrate that its
subcontracting plan represents a creative and innovative program for
involving small, small disadvantaged, and women-owned small business
concerns as subcontractors in the performance of this contract.
(End of Provision)
552.219-73 [Amended]
22. In section 552.219-73 introductory text revise the GSAR cite to
read ``519.708(b),'' and revise the date of the clause to read ``DEC
1995''; in paragraph (b) of the clause remove the GSAR cite ``552.219-
9(d)'' and insert in its place ``FAR 52.219-9(d).'' Also in paragraph
(b) second sentence, revise the phrase ``Small Business'' to read
``Small, Small Disadvantaged and Women-Owned Small Business''; in
paragraph (c)(1) remove ``552.219-9'' and insert in its place ``FAR
52.219-9.''
552.219-74 [Amended]
23. In section 552.219-74 introductory text, revise the GSAR cite
to read ``519.708(c),'' revise the clause date to read ``(DEC 1995),''
in paragraph (a)(1) of the clause remove all the text after the word
``at'' at the end of paragraph (a)(1) and insert in its place ``FAR
52.219-9, Small, Small Disadvantaged and Women-Owned Small Business
Subcontracting Plan;'' in paragraph (a)(2) remove ``552.219-9(d)'' and
insert in its place ``FAR 52.219-9(d); in paragraph (c)(1) remove
``552.219-9'' and insert in its place ``FAR 52.219-9.''
Dated: December 14, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy.
[FR Doc. 96-265 Filed 1-16-96; 8:45 am]
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