Department of State Acquisition Regulation, 4475-4476 [E7-1534]
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mstockstill on PROD1PC62 with PROPOSALS
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Proposed Rules
beyond those imposed by State law.
Accordingly, the Administrator certifies
that the proposed approvals in this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule proposes to
approve pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a State rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This proposed rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This proposed rule does not
impose an information collection
burden under the provisions of the
VerDate Aug<31>2005
15:07 Jan 30, 2007
Jkt 211001
4475
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Washington, DC 20522–0602; e-mail
address: ginesgg@state.gov.
List of Subjects in 40 CFR Part 52
SUPPLEMENTARY INFORMATION:
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 24, 2007.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E7–1518 Filed 1–30–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF STATE
48 CFR Part 601
[Public Notice 5684]
RIN 1400–AB98
Department of State Acquisition
Regulation
State Department.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule makes one
change to the DOSAR. It revises the
DOSAR to expand contracting authority
to non-U.S. citizen locally employed
staff, i.e., Foreign Nationals and Third
Country Nationals. Presently, only U.S.
citizens who are Government employees
may be appointed as contracting
officers.
The Department will accept
comments from the public up to April
2, 2007.
ADDRESSES: You may submit comments,
identified by any of the following
methods:
• E-mail: ginesgg@state.gov. You
must include the RIN in the subject line
of your message.
• Mail (paper, disk, or CD–ROM
submissions): Gladys Gines,
Procurement Analyst, Department of
State, Office of the Procurement
Executive, 2201 C Street, NW., Suite
603, State Annex Number 6,
Washington, DC 20522–0602.
• Fax: 703–875–6155.
Persons with access to the Internet may
also view this notice and provide
comments by going to the
regulations.gov Web site at https://
www.regulations.gov/index.cfm.
FOR FURTHER INFORMATION CONTACT:
Gladys Gines, Procurement Analyst,
Department of State, Office of the
Procurement Executive, 2201 C Street,
NW., Suite 603, State Annex Number 6,
DATES:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
The
Department of State initiated a pilot
program in which a non-U.S. citizen
locally employed staff (LES) member at
an Embassy was given contracting
authority at $2,500 (the micro-purchase
threshold). The pilot resulted in savings
in time to process transactions, allowed
the Contracting Officer at the Embassy
additional time to concentrate on other
procurement and non-procurement
issues, and increased morale among LES
staff through a sense of greater
empowerment. Although the pilot did
not identify specific cost or headcount
savings, the Department believes that
further dissemination of contracting
authority at increased levels up to
$25,000 presents an opportunity for
overseas posts (Embassies and
Consulates) to achieve reductions in
cost and headcount while improving
service, largely by providing
management flexibility to reconfigure
the work portfolios of overseas
contracting officers. Approximately
97% of all overseas procurement
transactions are below $25,000.
Effective management controls will
minimize the risks associated with
providing contracting authority to nonU.S. citizen LES. These controls are
similar to those currently used
successfully in the purchase card
program for similar transactions. They
consist of:
• Review of LES transactions on a
monthly basis by a U.S. citizen
contracting officer;
• Determination and approval of
adequate local conditions such as rule
of law and level of corruption as well as
the integrity of LES staff recommended
for the contracting authority;
• Evaluation of LES delegated
procurement by the Office of the
Procurement Executive;
• Certification by the Ambassadors on
an annual basis that the management
controls are sufficient; and
• Time-limited contracting officer
authority to LES to permit periodic
revalidation of management controls.
Because the current DOSAR language
states that all contracting officers must
be U.S. citizens, a change to the
regulation is required. Because the
rulemaking process will take some time,
the Department will select several
additional pilot posts to continue the
deployment process during the
rulemaking timeframe.
E:\FR\FM\31JAP1.SGM
31JAP1
4476
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Proposed Rules
Regulatory Findings
Administrative Procedure Act
In accordance with provisions of the
Administrative Procedure Act governing
rules promulgated by federal agencies
that affect the public (5 U.S.C. 552), the
Department is publishing this proposed
rule and inviting public comment.
Regulatory Flexibility Act
The Department of State, in
accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by
approving it, certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities.
Unfunded Mandates Act of 1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
mstockstill on PROD1PC62 with PROPOSALS
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement Act of
VerDate Aug<31>2005
15:07 Jan 30, 2007
Jkt 211001
1996. This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreign
based companies in domestic and
import markets.
Executive Order 13132
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement.
Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 601
Government procurement.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
Accordingly, for reasons set forth in
the preamble, title 48, chapter 6 of the
Code of Federal Regulations is proposed
to be amended as follows:
Subchapter A—General
PART 601—DEPARTMENT OF STATE
ACQUISITION REGULATION SYSTEM
1. The authority citation for 48 CFR
part 601 continues to read as follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C.
2658.
2. Section 601.603–3 is amended by
revising paragraph (c) to read as set
forth below:
601.603–3
Appointment.
*
*
*
*
*
(c) Non-Federal employees. Only
United States Government employees
shall be appointed as contracting
officers. For acquisitions at $25,000 and
below only, this includes locally
employed staff (i.e., Foreign Service
Nationals and Third Country nationals).
Personal services contractors are not
eligible for appointment as DOS
contracting officers.
*
*
*
*
*
Dated: January 23, 2007.
Corey M. Rindner,
Procurement Executive, Department of State.
[FR Doc. E7–1534 Filed 1–30–07; 8:45 am]
BILLING CODE 4710–24–P
E:\FR\FM\31JAP1.SGM
31JAP1
Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Proposed Rules]
[Pages 4475-4476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1534]
=======================================================================
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DEPARTMENT OF STATE
48 CFR Part 601
[Public Notice 5684]
RIN 1400-AB98
Department of State Acquisition Regulation
AGENCY: State Department.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule makes one change to the DOSAR. It revises
the DOSAR to expand contracting authority to non-U.S. citizen locally
employed staff, i.e., Foreign Nationals and Third Country Nationals.
Presently, only U.S. citizens who are Government employees may be
appointed as contracting officers.
DATES: The Department will accept comments from the public up to April
2, 2007.
ADDRESSES: You may submit comments, identified by any of the following
methods:
E-mail: ginesgg@state.gov. You must include the RIN in the
subject line of your message.
Mail (paper, disk, or CD-ROM submissions): Gladys Gines,
Procurement Analyst, Department of State, Office of the Procurement
Executive, 2201 C Street, NW., Suite 603, State Annex Number 6,
Washington, DC 20522-0602.
Fax: 703-875-6155.
Persons with access to the Internet may also view this notice and
provide comments by going to the regulations.gov Web site at https://
www.regulations.gov/index.cfm.
FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst,
Department of State, Office of the Procurement Executive, 2201 C
Street, NW., Suite 603, State Annex Number 6, Washington, DC 20522-
0602; e-mail address: ginesgg@state.gov.
SUPPLEMENTARY INFORMATION: The Department of State initiated a pilot
program in which a non-U.S. citizen locally employed staff (LES) member
at an Embassy was given contracting authority at $2,500 (the micro-
purchase threshold). The pilot resulted in savings in time to process
transactions, allowed the Contracting Officer at the Embassy additional
time to concentrate on other procurement and non-procurement issues,
and increased morale among LES staff through a sense of greater
empowerment. Although the pilot did not identify specific cost or
headcount savings, the Department believes that further dissemination
of contracting authority at increased levels up to $25,000 presents an
opportunity for overseas posts (Embassies and Consulates) to achieve
reductions in cost and headcount while improving service, largely by
providing management flexibility to reconfigure the work portfolios of
overseas contracting officers. Approximately 97% of all overseas
procurement transactions are below $25,000. Effective management
controls will minimize the risks associated with providing contracting
authority to non-U.S. citizen LES. These controls are similar to those
currently used successfully in the purchase card program for similar
transactions. They consist of:
Review of LES transactions on a monthly basis by a U.S.
citizen contracting officer;
Determination and approval of adequate local conditions
such as rule of law and level of corruption as well as the integrity of
LES staff recommended for the contracting authority;
Evaluation of LES delegated procurement by the Office of
the Procurement Executive;
Certification by the Ambassadors on an annual basis that
the management controls are sufficient; and
Time-limited contracting officer authority to LES to
permit periodic revalidation of management controls.
Because the current DOSAR language states that all contracting officers
must be U.S. citizens, a change to the regulation is required. Because
the rulemaking process will take some time, the Department will select
several additional pilot posts to continue the deployment process
during the rulemaking timeframe.
[[Page 4476]]
Regulatory Findings
Administrative Procedure Act
In accordance with provisions of the Administrative Procedure Act
governing rules promulgated by federal agencies that affect the public
(5 U.S.C. 552), the Department is publishing this proposed rule and
inviting public comment.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 601
Government procurement.
Accordingly, for reasons set forth in the preamble, title 48,
chapter 6 of the Code of Federal Regulations is proposed to be amended
as follows:
Subchapter A--General
PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION SYSTEM
1. The authority citation for 48 CFR part 601 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
2. Section 601.603-3 is amended by revising paragraph (c) to read
as set forth below:
601.603-3 Appointment.
* * * * *
(c) Non-Federal employees. Only United States Government employees
shall be appointed as contracting officers. For acquisitions at $25,000
and below only, this includes locally employed staff (i.e., Foreign
Service Nationals and Third Country nationals). Personal services
contractors are not eligible for appointment as DOS contracting
officers.
* * * * *
Dated: January 23, 2007.
Corey M. Rindner,
Procurement Executive, Department of State.
[FR Doc. E7-1534 Filed 1-30-07; 8:45 am]
BILLING CODE 4710-24-P