[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45894-45895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21743]
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DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
48 CFR Parts 413 and 453
[AGAR Case 96-05]
RIN 0599-AA04
Agriculture Acquisition Regulation; Simplified Acquisition
Procedures
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Direct final rule.
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SUMMARY: The Department of Agriculture (USDA) is amending the
Agriculture Acquisition Regulation (AGAR) to reorganize part 413,
Simplified Acquisition Procedures. USDA is reorganizing part 413 to
reflect the reorganization of part 13, Simplified Acquisition
Procedures, of the Federal Acquisition Regulation (FAR). This amendment
changes the structure, but not the substance, of AGAR part 413.
DATES: This rule is effective October 22, 1999 without further action,
unless we receive written adverse comments or written notice of intent
to submit adverse comments on or before September 22, 1999. If we
receive adverse comments, the Office of Procurement and Property
Management will publish a timely withdrawal of the rule in the Federal
Register.
ADDRESSES: Please submit any adverse comments, or a notice of intent to
submit adverse comments, in writing to U.S. Department of Agriculture,
Office of Procurement and Property Management, Procurement Policy
Division, Stop 9303, 1400 Independence Avenue SW, Washington, DC 20250-
9303.
FOR FURTHER INFORMATION CONTACT: Joseph J. Daragan, (202) 720-5729.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Executive Order Nos. 12866 and 12988
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Small Business Regulatory Enforcement Fairness Act
III. Electronic Access Addresses
I. Background
The AGAR implements the FAR (48 CFR chapter 1) where further
implementation is needed, and supplements the FAR when coverage is
needed for subject matter not covered by the FAR. USDA is amending the
AGAR to reflect the reorganization of FAR Part 13, Simplified
Acquisition Procedures (62 FR 64916, December 9, 1997). In this
rulemaking document, USDA is amending the AGAR as a direct final rule,
since the changes are non-controversial and unlikely to generate
adverse comment. The changes are clerical in nature, and do not affect
the public.
Rules that an agency believes are noncontroversial and unlikely to
result in adverse comment may be published in the Federal Register as
direct final rules. The Office of Procurement and Property Management
published a policy statement in the Federal Register (63 FR 9158,
February 24, 1998) to notify the public of its intent to use direct
final rulemaking in appropriate circumstances.
This rule makes the following changes to the AGAR:
(a) We are revising part 413 to match the numbering structure of
FAR part 13 following its revision. We are moving all material in
subparts 413.1, 413.4, and 413.5 to a new subpart 413.3, Simplified
Acquisition Methods.
(b) We are moving section 413.103, Policy, to section 413.301,
Governmentwide commercial purchase card. We are not changing the
substance of section 413.103. The new section corresponds to revised
FAR section 13.301, Governmentwide commercial purchase card.
(c) We are removing the material in subpart 413.4, Imprest Fund.
This subpart referred users to USDA's Departmental Regulations for
additional guidance on the use of imprest funds and third party drafts.
USDA is minimizing the use of imprest funds, and no longer uses third
party drafts for acquisition or payment. We determined that the
material in subpart 413.4 was no longer necessary.
(d) We are moving the material in section 413.505, Purchase Order
and related forms, to section 413.306, SF 44, Purchase Order-Invoice-
Voucher, and section 413.307, Forms. We are not changing the substance
of section 413.505. The new sections correspond to revised FAR sections
13.306, Purchase Order-Invoice-Voucher, and 13.307, Forms.
(e) We are amending section 453.213 to update a reference in that
section. We are changing the reference to section 413.505-1 to read
413.307.
II. Procedural Requirements
A. Executive Order Nos. 12866 and 12988
USDA prepared a work plan for this regulation and submitted it to
the Office of Management and Budget (OMB) pursuant to Executive Order
No. 12866. OMB determined that the rule was not significant for the
purposes of Executive Order No. 12866. Therefore, the rule has not been
reviewed by OMB. USDA has reviewed this rule in accordance with
Executive Order No. 12988, Civil Justice Reform. The proposed rule
meets the applicable standards in section 3 of Executive Order No.
12988.
B. Regulatory Flexibility Act
USDA reviewed this rule under the Regulatory Flexibility Act, 5
U.S.C. 601-611, which requires preparation of a regulatory flexibility
analysis for any rule which is likely to have significant economic
impact on a substantial number of small entities. The reorganization of
AGAR part 413 does not affect the way in which USDA conducts its
acquisitions or otherwise interacts with the public. USDA certifies
that this rule will not have a significant economic effect on a
substantial number of small entities, and, therefore, no regulatory
flexibility analysis has been prepared.
C. Paperwork Reduction Act
No information collection or recordkeeping requirements are imposed
on the public by this rule. Accordingly no OMB clearance is required by
section 350(h) of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.,
or OMB's implementing regulation at 5 CFR Part 1320.
[[Page 45895]]
D. Small Business Regulatory Enforcement Fairness Act
This rule has been submitted to each House of Congress and the
Comptroller General in accordance with the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq.
III. Electronic Access Addresses
You may send electronic mail (E-mail) to [email protected], or
contact us via fax at (202) 720-8972, if you would like additional
information about this rule, or if you wish to submit comments.
List of Subjects in 48 CFR Parts 413 and 453
Government contracts, Government procurement.
For the reasons set out in the preamble, the Office of Procurement
and Property Management amends 48 CFR Chapter 4 as set forth below:
1. Revise Part 413 to read as follows:
PART 413--SIMPLIFIED ACQUISITION PROCEDURES
Subpart 413.3--Simplified Acquisition Methods
Sec.
413.301 Governmentwide commercial purchase card.
413.306 SF 44, Purchase Order-Invoice-Voucher.
413.307 Forms.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Subpart 413.3--Simplified Acquisition Methods
413.301 Governmentwide commercial purchase card.
USDA policy and procedures on use of the Governmentwide commercial
purchase card are established in Departmental Regulation Series 5000.
413.306 SF 44, Purchase Order-Invoice-Voucher.
The Standard Form 44 (and the previously prescribed USDA Form AD-
744) is not authorized for use within USDA.
413.307 Forms.
Form AD-838, Purchase Order, is prescribed for use by USDA in lieu
of Optional Forms 347 and 348.
2. The authority citation for part 453 continues to read as
follows:
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
453.213 [Amended]
3. In section 453.213, remove ``413.505-1'' and add, in its
place,``413.307''.
Done at Washington, DC, this 12th day of August, 1999.
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 99-21743 Filed 8-20-99; 8:45 am]
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