General Services Administration Acquisition Regulation; Deviations, 15779-15780 [05-6186]
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
Dated: February 25, 2005.
R. Thomas Weimer,
Acting Assistant Secretary—Water and
Science.
[FR Doc. 05–6190 Filed 3–28–05; 8:45 am]
Dated: March 21, 2005.
S.G. Venckus,
Chief, Regulations and Administrative Law,
United States Coast Guard, DHS.
[FR Doc. 05–6139 Filed 3–28–05; 8:45 am]
BILLING CODE 4310–MN–P
BILLING CODE 4910–15–P
GENERAL SERVICES
ADMINISTRATION
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Part 501
Coast Guard
[GSAR Amendment 2005–01; GSAR Case
2004–G508 (Change 14)]
46 CFR Part 401
RIN 3090–AI07
[USCG–2002–11288]
RIN 1625–AA38 [Formerly RIN 2115–AG30]
Rates for Pilotage on the Great Lakes
Coast Guard, Department of
Homeland Security.
ACTION: Interim rule; correction.
AGENCY:
SUMMARY: This document contains
corrections to the interim rule published
in the Federal Register on March 10,
2005. The interim rule establishes new
rates for pilotage on the Great Lakes.
DATES: Effective on March 29, 2005.
FOR FURTHER INFORMATION CONTACT: For
questions on this correction document,
call or e-mail Paul Wasserman, Director,
Office of Great Lakes Pilotage (G–MW–
1), U.S. Coast Guard, at telephone 202–
267–2856, or
pwasserman@comdt.uscg.mil.
SUPPLEMENTARY INFORMATION:
Need for Correction
The interim rule, as published,
contained incorrect column headings in
two tables and an incorrect date. These
errors could confuse the reader and
need to be corrected.
Correction of Publication
Accordingly, the publication on March
10, 2005, of the interim rule [USCG–
2002–11288], FR Doc. 05–4586, is
corrected as follows:
I 1. On page 12097, in the table entitled
‘‘District Three—Projected Rate of
Return on Investment’’, change the
column heading ‘‘Total district’’ to read
‘‘Total district three’’.
I 2. On page 12098, in the table entitled
‘‘District Three—Adjustment
Determination’’, change the column
heading ‘‘Total district’’ to read ‘‘Total
district three’’.
I 3. On page 12100, in column one, in
line 16 under ‘‘Regulatory Evaluation’’,
change the words ‘‘March 1, 2005’’ to
read ‘‘April 11, 2005’’.
I
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16:55 Mar 28, 2005
Jkt 205001
General Services Administration
Acquisition Regulation; Deviations
AGENCIES: General Services
Administration (GSA), Office of the
Chief Acquisition Officer.
ACTION: Final rule.
SUMMARY: The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) by
issuing a final rule to modify existing
policy on obtaining deviations from
both the Federal Acquisition Regulation
(FAR) and GSAR. This final rule will
include revised procedures for obtaining
deviations and will clarify the term
‘‘class deviation,’’ and add clarification
regarding the term ‘‘contract action’’.
DATES: Effective Date: March 29, 2005.
FOR FURTHER INFORMATION CONTACT The
Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC,
20405, (202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Mr. Ernest Woodson,
Procurement Analyst, at (202) 501–
3775. Please cite Amendment 2005–01,
GSAR case 2004–G508 (Change 14).
SUPPLEMENTARY INFORMATION:
A. Background
The FAR prescribes policies and
procedures for authorizing deviations
from the FAR when necessary to meet
the specific needs and requirements of
an agency unless precluded by law,
executive order, or regulation. FAR
1.402 provides that the development
and testing of new techniques and
methods of acquisition should not be
stifled simply because such actions
would require a FAR deviation.
However, deviations to the FAR and the
GSAR have raised questions indicating
the need to increase the involvement of
the Office of the Chief Acquisition
Officer. Therefore, this final rule
modifies GSAR 501.403 and 501.404 to
include revised procedures for obtaining
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Frm 00055
Fmt 4700
Sfmt 4700
15779
deviations and clarify the term ‘‘class
deviation,’’ and adds GSAR 501.404–70
to clarify the term ‘‘contract action.’’
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comments is not
required. However, GSA will consider
comments from small entities
concerning the affected GSAR Subpart
501.4 in accordance with 5 USC. 610.
Interested must parties must submit
such comments separately and should
cite 5 U.S.C. 601, et. seq. (GSAR case
2004–G508), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
GSAR do not impose recordkeeping or
information collection requirements, or
otherwise collect information from
offerors, contractors, or members of the
public that require approval of the
Office of Management and Budget under
44 U.S.C.3501, et seq.
List of Subjects in 48 CFR Part 501
Government procurement.
Dated: March 22, 2005.
David A. Drabkin,
Senior Procurement Executive, Office of the
Chief Acquisition Officer, General Services
Administration.
Therefore, GSA amends 48 CFR part
501 as set forth below:
I
PART 501—GENERAL SERVICES
ADMINISTRATION ACQUISITION
REGULATION SYSTEM
1. The authority citation for 48 CFR
part 501 is revised to read as follows:
I
Authority: 40 U.S.C. 121(c).
2. Amend section 501.403 by revising
paragraphs (a) and (c) to read as follows:
I
501.403
Individual deviations.
(a) An individual deviation affects
only one contract action.
(1) The Head of the Contracting
Activity (HCA) must approve an
individual deviation to the FAR. The
authority to grant an individual
deviation may not be re-delegated. A
copy of the deviation must be provided
to GSA’s Senior Procurement Executive
(SPE).
E:\FR\FM\29MRR1.SGM
29MRR1
15780
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
(2) An individual deviation to the
GSAR must be approved by the HCA.
The authority to grant an individual
deviation may be re-delegated to the
Contracting Director.
*
*
*
*
*
(c) Send a copy of each deviation to
GSA’s SPE (V).
I 3. Amend section 501.404 by revising
paragraphs (a), (c), and (e)(2) to read as
follows:
501.404
Class deviations.
(a) A class deviation affects more than
one contract action. A deviation for any
solicitation that will result in multiple
awards or any solicitation under the
multiple award Federal Supply
Schedule program is considered to be a
class deviation. Each award under such
a solicitation is considered an
individual contract action.
(1) A class deviation to the FAR must
be forwarded by the cognizant HCA to
GSA’s SPE for approval. Prior to
approving a class deviation to the FAR,
the SPE will consult with the Chairman
of the Civilian Agency Acquisition
Council (CAAC) in accordance with
FAR 1.404(a)(1).
(2) A class deviation to the GSAR
must be forwarded by the cognizant
HCA to GSA’s SPE for approval.
(3) When an HCA knows that a
proposed class deviation will be
required on a permanent basis, the HCA
should propose or recommend an
appropriate FAR and/or GSAR revision.
*
*
*
*
*
(c) Send a copy of each deviation to
GSA’s SPE (V).
*
*
*
*
*
(e) * * *
(2) May be rescinded earlier by GSA’s
SPE or by officials designated under
paragraph (a) of this section without
prejudice to any action taken
previously.
I 4. Add sections 501.404–70 and
501.404–71 to read as follows:
501.404–70
Contract action.
Contract action. A contract action, for
the purpose of determining whether an
individual or class deviation is
appropriate, has the same meaning as
that used for reporting contract actions
to Federal Procurement Data System—
Next Generation (FPDS-NG). A contract
action includes, but is not limited to,
any of the following:
(a) Initial letter contract.
(b) Definitive contract superseding
letter contract.
(c) New definitive contract.
(d) Purchase order/BPA calls using
simplified acquisition procedures.
(e) Orders under single award
indefinite delivery contracts.
VerDate jul<14>2003
16:55 Mar 28, 2005
Jkt 205001
(f) Orders under BOA.
(g) Order/modification under Federal
schedule contract.
(h) Modification.
(i) Termination for Default.
(j) Termination for Convenience.
(k) Order under multiple award
contract.
(l) Initial load of Federal schedule
contract.
501.404–71 Deviations to the
nonregulatory GSAM.
Handle individual and class
deviations to the nonregulatory
(unshaded) part of the GSAM as stated
in 501.403 and 501.404.
[FR Doc. 05–6186 Filed 3–28–05; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AE04
Endangered and Threatened Wildlife
and Plants; Reclassification of Certain
˜
Vicuna Populations From Endangered
to Threatened With a Special Rule;
Technical Amendment
Fish and Wildlife Service,
Interior.
ACTION: Final rule; technical
amendment.
AGENCY:
SUMMARY: This document amends the
˜
special rule for the vicuna (Vicugna
vicugna), as published in the Federal
Register on May 30, 2002. The May 30,
2002, special rule allows the
importation into the United States of
legal fiber and legal products produced
˜
with fiber from vicuna populations
listed as threatened under the U.S.
Endangered Species Act of 1973 (ESA)
and in Appendix II of the Convention
on International Trade in Endangered
Species of Wild Fauna and Flora
(CITES), if certain conditions are
satisfied by the countries of origin and
re-export. This document: (1) Corrects
and clarifies the labeling requirements
˜
for legal vicuna fiber and fiber products;
and (2) corrects an inadvertent
typographical error in the section on
annual reporting requirements.
DATES: This amendment to the special
˜
rule for vicuna is effective on March 29,
2005.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert R. Gabel, Chief, Division of
Scientific Authority, U.S. Fish and
Wildlife Service, 18th and C Streets,
NW., Mail Stop ARLSQ–750,
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Washington, DC 20240; phone: 703–
358–1708; fax: 703–358–2276; e-mail:
scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 30, 2002, the U.S. Fish and
Wildlife Service (Service), published a
final rule (67 FR 37695) reclassifying the
˜
vicuna (Vicugna vicugna) in Argentina,
Bolivia, Chile, and Peru from
endangered to threatened under the
ESA. The final rule also established a
special rule (under section 4(d) of the
ESA) allowing the importation into the
United States of legal fiber and legal
products produced with fiber from
˜
vicuna populations listed as threatened
under the Act and in Appendix II of
CITES, if certain conditions are satisfied
by the exporting (range) or re-exporting
country. This special rule is contained
in 50 CFR 17.40(m).
The special rule contains errors in
two paragraphs: (1) Paragraph
(m)(2)(i)(A) on labeling requirements for
˜
legal vicuna fiber and fiber products;
and (2) paragraph (m)(4)(i) on annual
reporting requirements. With this
technical amendment, we are correcting
existing errors, as well as making
changes to these paragraphs to clarify
language that has been identified as
unclear.
Paragraph (m)(2)(i)(A) addresses
˜
labeling requirements for legal vicuna
fiber and fiber products. The special
rule is perhaps not explicit enough in
explaining that labeling requirements
pertain to all imports, exports, and reexports. We are amending paragraph
(m)(2)(i)(A) to explicitly state that
labeling requirements pertain to all
imports, exports, and re-exports,
including raw fiber re-exported from, or
products manufactured in, intermediary
countries.
Paragraph (m)(2)(i)(A)(1) specifies that
cloth and cloth products must bear the
logo adopted by countries signatory to
´
the ‘‘Convenio para la Conservacion y
˜
Manejo de la Vicuna,’’ and the words
˜
‘‘VICUNA–(Country of Origin)’’ (where
country of origin is the name of the
original exporting country where the
˜
vicuna fiber in the products originated,
either Argentina, Bolivia, or Chile) or
˜
‘‘VICUNA–PERU–ARTESANIA’’ (for
Peru only). However, the words
˜
‘‘VICUNA–PERU–ARTESANIA’’ have
never been used to label cloth and cloth
products from Peru. Peru uses the words
˜
‘‘VICUNA–PERU’’ for these products.
We are amending paragraph
(m)(2)(i)(A)(1) to reflect that only the
˜
words ‘‘VICUNA–(Country of Origin)’’
are used for cloth and cloth products.
In addition, paragraph (m)(2)(i)(A)(1)
does not specify how the logo and
E:\FR\FM\29MRR1.SGM
29MRR1
Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15779-15780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6186]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[GSAR Amendment 2005-01; GSAR Case 2004-G508 (Change 14)]
RIN 3090-AI07
General Services Administration Acquisition Regulation;
Deviations
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) by
issuing a final rule to modify existing policy on obtaining deviations
from both the Federal Acquisition Regulation (FAR) and GSAR. This final
rule will include revised procedures for obtaining deviations and will
clarify the term ``class deviation,'' and add clarification regarding
the term ``contract action''.
DATES: Effective Date: March 29, 2005.
FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775. Please cite Amendment 2005-01, GSAR case
2004-G508 (Change 14).
SUPPLEMENTARY INFORMATION:
A. Background
The FAR prescribes policies and procedures for authorizing
deviations from the FAR when necessary to meet the specific needs and
requirements of an agency unless precluded by law, executive order, or
regulation. FAR 1.402 provides that the development and testing of new
techniques and methods of acquisition should not be stifled simply
because such actions would require a FAR deviation. However, deviations
to the FAR and the GSAR have raised questions indicating the need to
increase the involvement of the Office of the Chief Acquisition
Officer. Therefore, this final rule modifies GSAR 501.403 and 501.404
to include revised procedures for obtaining deviations and clarify the
term ``class deviation,'' and adds GSAR 501.404-70 to clarify the term
``contract action.''
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, GSA will consider comments from
small entities concerning the affected GSAR Subpart 501.4 in accordance
with 5 USC. 610. Interested must parties must submit such comments
separately and should cite 5 U.S.C. 601, et. seq. (GSAR case 2004-
G508), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C.3501, et seq.
List of Subjects in 48 CFR Part 501
Government procurement.
Dated: March 22, 2005.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer,
General Services Administration.
0
Therefore, GSA amends 48 CFR part 501 as set forth below:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
0
1. The authority citation for 48 CFR part 501 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Amend section 501.403 by revising paragraphs (a) and (c) to read as
follows:
501.403 Individual deviations.
(a) An individual deviation affects only one contract action.
(1) The Head of the Contracting Activity (HCA) must approve an
individual deviation to the FAR. The authority to grant an individual
deviation may not be re-delegated. A copy of the deviation must be
provided to GSA's Senior Procurement Executive (SPE).
[[Page 15780]]
(2) An individual deviation to the GSAR must be approved by the
HCA. The authority to grant an individual deviation may be re-delegated
to the Contracting Director.
* * * * *
(c) Send a copy of each deviation to GSA's SPE (V).
0
3. Amend section 501.404 by revising paragraphs (a), (c), and (e)(2) to
read as follows:
501.404 Class deviations.
(a) A class deviation affects more than one contract action. A
deviation for any solicitation that will result in multiple awards or
any solicitation under the multiple award Federal Supply Schedule
program is considered to be a class deviation. Each award under such a
solicitation is considered an individual contract action.
(1) A class deviation to the FAR must be forwarded by the cognizant
HCA to GSA's SPE for approval. Prior to approving a class deviation to
the FAR, the SPE will consult with the Chairman of the Civilian Agency
Acquisition Council (CAAC) in accordance with FAR 1.404(a)(1).
(2) A class deviation to the GSAR must be forwarded by the
cognizant HCA to GSA's SPE for approval.
(3) When an HCA knows that a proposed class deviation will be
required on a permanent basis, the HCA should propose or recommend an
appropriate FAR and/or GSAR revision.
* * * * *
(c) Send a copy of each deviation to GSA's SPE (V).
* * * * *
(e) * * *
(2) May be rescinded earlier by GSA's SPE or by officials
designated under paragraph (a) of this section without prejudice to any
action taken previously.
0
4. Add sections 501.404-70 and 501.404-71 to read as follows:
501.404-70 Contract action.
Contract action. A contract action, for the purpose of determining
whether an individual or class deviation is appropriate, has the same
meaning as that used for reporting contract actions to Federal
Procurement Data System--Next Generation (FPDS-NG). A contract action
includes, but is not limited to, any of the following:
(a) Initial letter contract.
(b) Definitive contract superseding letter contract.
(c) New definitive contract.
(d) Purchase order/BPA calls using simplified acquisition
procedures.
(e) Orders under single award indefinite delivery contracts.
(f) Orders under BOA.
(g) Order/modification under Federal schedule contract.
(h) Modification.
(i) Termination for Default.
(j) Termination for Convenience.
(k) Order under multiple award contract.
(l) Initial load of Federal schedule contract.
501.404-71 Deviations to the nonregulatory GSAM.
Handle individual and class deviations to the nonregulatory
(unshaded) part of the GSAM as stated in 501.403 and 501.404.
[FR Doc. 05-6186 Filed 3-28-05; 8:45 am]
BILLING CODE 6820-61-S