Department of State Acquisition Regulation; Foreign Nationals and Third Country Nationals, 30264-30265 [2011-12993]
Download as PDF
<![CDATA[
30264
Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Rules and Regulations
DEPARTMENT OF STATE
48 CFR Part 601
[Public Notice: 7480]
RIN 1400–AB98
Department of State Acquisition
Regulation; Foreign Nationals and
Third Country Nationals
State Department.
Final rule.
AGENCY:
ACTION:
This final rule makes one
administrative change to the
Department of State Acquisition
Regulation (DOSAR). It revises the
DOSAR to allow the appointment of
selected non-U.S. citizen locally
employed staff, i.e., Foreign Nationals
and Third Country Nationals, as
contracting officers for acquisitions at
$25,000 and below. This change will
permit streamlined procurement
processes at applicable Department of
State overseas posts.
DATES: Effective Date: This rule is
effective June 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Barbara Latvanas, Procurement Analyst,
Department of State, Office of the
Procurement Executive, 2201 C Street,
NW., Suite 900, State Annex Number
27, Washington, DC 20522; telephone
number: 703–516–1755; e-mail address:
LatvanasBA@state.gov
SUPPLEMENTARY INFORMATION: The
Department published a proposed rule,
Public Notice 5684 at 72 FR 4475,
January 31, 2007, with a request for
comments to expand contracting
authority at applicable overseas posts
(Embassies and Consulates) to selected
non-U.S. citizen locally employed staff
(LES) for acquisitions at $25,000 and
below. Because the current DOSAR
language indicates that all contracting
officers must be U.S. citizens, a change
to the regulation is required. By way of
background, the Department conducted
a pilot program at 15 overseas posts in
the following locations: Bridgetown,
Barbados; Brussels, Belgium; Ljubljana,
Slovenia; Melbourne, Australia;
Munich, Germany; Nicosia, Cyprus;
Oslo, Norway; Paris, France; Seoul,
Korea; Singapore; Tallinn, Estonia; The
Hague, Netherlands; Tokyo, Japan;
Valletta, Malta; and Vienna, Austria. To
ensure adequate rule of law, each of the
locations involved in the pilot program
had a score of at least 5.0 on the
Transparency International Corruption
Perceptions Index, available at the
following Web site: https://
www.transparency.org/. This successful
pilot program resulted in streamlined
procurement processes and increased
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:38 May 24, 2011
Jkt 223001
management flexibility in awarding
acquisitions at $25,000 and below. As a
result of this successful pilot program,
the Department wants to adopt the
proposed rule as final. As specified in
the proposed rule, appropriate
enhanced management controls,
including review of LES transactions by
a U.S. Citizen contracting officer, will be
imposed. For example, these controls
will incorporate the following
mandatory requirements:
• Available only at posts with a score
of least 5.0 on the Transparency
International Corruption Perceptions
Index;
• Available only to selected LES staff
with a minimum of five years of
Department of State experience,
unquestioned integrity, and one week of
specified simplified acquisition
training;
• Review of LES transactions on a
monthly basis by a U.S. citizen
contracting officer; and
• Periodic evaluation of LES
delegated procurement by the Office of
the Procurement Executive.
This DOSAR change is administrative
in nature and is intended to provide
management flexibility to Department of
State overseas posts. The proposed rule
was discussed in detail in Public Notice
5684. No public comments were
received. The Department is now
promulgating a final rule with no
changes from the proposed rule.
Regulatory Findings
Administrative Procedure Act
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review. In addition, the
Department is exempt from Executive
Order 12866 except to the extent that it
is promulgating regulations in
conjunction with a domestic agency that
are significant regulatory actions. The
Department has nevertheless reviewed
the regulation to ensure its consistency
with the regulatory philosophy and
principles set forth in that Executive
Order.
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 13563 and Executive
Order 12866
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review, as amended by
Executive Order 13563. In addition, the
Department is exempt from Executive
Order 12866 except to the extent that it
is promulgating regulations in
conjunction with a domestic agency that
are significant regulatory actions. The
Department has nevertheless reviewed
the regulation to ensure its consistency
with the regulatory philosophy and
principles set forth in that Executive
Order.
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.
E:\FR\FM\25MYR1.SGM
25MYR1
Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Rules and Regulations
Accordingly, for reasons set forth in
the preamble, title 48, chapter 6 of the
Code of Federal Regulations is 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: May 19, 2011.
Corey M. Rindner,
Procurement Executive, Bureau of
Administration, Department of State.
[FR Doc. 2011–12993 Filed 5–24–11; 8:45 am]
BILLING CODE 4710–24–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090225241–1233–03]
RIN 0648–AX70
Fisheries of the Northeastern United
States; Monkfish; Amendment 5
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
measures that were approved in
Amendment 5 to the Monkfish Fishery
Management Plan (FMP). The New
England and Mid-Atlantic Fishery
Management Councils (Councils)
developed Amendment 5 to bring the
FMP into compliance with the annual
catch limit (ACL) and accountability
measure (AM) requirements of the
Magnuson-Stevens Fishery
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:38 May 24, 2011
Jkt 223001
Conservation and Management Act
(Magnuson-Stevens Act). This rule
establishes the mechanisms for
specifying ACLs and AMs and sets the
annual catch target (ACT) and
associated measures for days-at-sea
(DAS) and trip limits for the Southern
Fishery Management Area (SFMA).
NMFS disapproved the proposed ACT,
and associated measures, for the
Northern Fishery Management Area
(NFMA) on the grounds that they are
not consistent with the most recent
scientific advice. This final rule
implements three additional
Amendment 5 management measures to
promote efficiency and reduce waste,
brings the biological and management
reference points in the Monkfish FMP
into compliance with recently revised
National Standard 1 (NS1) Guidelines,
and makes one correction to the
monkfish weight conversion factors.
DATES: Effective May 25, 2011.
ADDRESSES: An environmental
assessment (EA) prepared for
Amendment 5 at the time of its
submission by the Councils describes
the proposed action and other
considered alternatives, and provides a
thorough analysis of the impacts of the
proposed measures and alternatives.
NMFS prepared an Addendum to the
Amendment 5 EA for the purpose of
analyzing the potential impacts of the
amendment on Atlantic sturgeon.
Copies of Amendment 5, including the
EA and the Initial Regulatory Flexibility
Analysis (IRFA), are available on
request from Paul J. Howard, Executive
Director, New England Fishery
Management Council (NEFMC), 50
Water Street, Newburyport, MA 01950.
Copies of the Addendum to Amendment
5 are available from Patricia A. Kurkul,
Regional Administrator, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930.
These documents are also available
online at https://www.nefmc.org.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Northeast
Regional Office of NMFS at 55 Great
Republic Drive, Gloucester, MA 01930,
and by e-mail to
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Allison McHale, Fishery Policy Analyst,
(978) 281–9103; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
This final rule implements approved
measures in Amendment 5, which was
partially approved by NMFS on behalf
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
30265
of the Secretary of Commerce
(Secretary) on April 28, 2011. A
proposed rule to implement the
measures in Amendment 5 published in
the Federal Register on March 3, 2011
(76 FR 11737), with public comment
accepted through April 4, 2011. Details
concerning the development of
Amendment 5 were contained in the
preamble of the proposed rule and are
not repeated here.
A recent assessment of the monkfish
resource was conducted during the first
half of 2010 by the 50th Stock
Assessment Review Committee (SARC
50). The full assessment report was
released in August 2010 and can be
found at https://www.nefsc.noaa.gov/
publications/crd/crd1017/. The SARC
50 assessment concluded that both
stocks are above their respective current
biomass thresholds, and above the new
biomass thresholds recommended by
the assessment, indicating that both
stocks are not overfished. Furthermore,
the current estimated fishing mortality
rate for each stock is below its
respective fishing mortality threshold.
Thus, overfishing is not occurring on
either stock.
The 2010 assessment panel expressed
serious concerns regarding the high
levels of scientific uncertainty in the
assessment results. The Monkfish
Assessment Summary Report for 2010
states, ‘‘The assessment results continue
to be uncertain due to cumulative
effects of under-reported landings,
unknown discards during the 1980s,
uncertainty in survey indices, and
incomplete understanding of key
biological parameters such as age and
growth, longevity, natural mortality and
stock structure contributing to
retrospective patterns primarily in the
northern management area.’’ Unlike the
Data Poor Working Group (DPWG)
assessment conducted in 2007 (see
Monkfish Assessment Summary Report
at https://www.nefsc.noaa.gov/nefsc/
publications/crd/crd0713/), the 2010
assessment utilized projections to
evaluate stock trends based on
anticipated fishing levels. However,
these projections are also considered
highly uncertain because they are based
on the outputs of the assessment model.
Despite this uncertainty, the projections
indicated that the NFMA is more
vulnerable to overfishing or becoming
overfished during 2011–2016 if total
catches approach the acceptable
biological catch (ABC) value of 17,485
mt in Amendment 5 that was based on
the results of the DPWG assessment.
Conversely, the SFMA was found to be
less vulnerable based upon the ABC
value of 13,326 mt in Amendment 5.
E:\FR\FM\25MYR1.SGM
25MYR1
]]>Agencies
[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Rules and Regulations]
[Pages 30264-30265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12993]
[[Page 30264]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
48 CFR Part 601
[Public Notice: 7480]
RIN 1400-AB98
Department of State Acquisition Regulation; Foreign Nationals and
Third Country Nationals
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule makes one administrative change to the
Department of State Acquisition Regulation (DOSAR). It revises the
DOSAR to allow the appointment of selected non-U.S. citizen locally
employed staff, i.e., Foreign Nationals and Third Country Nationals, as
contracting officers for acquisitions at $25,000 and below. This change
will permit streamlined procurement processes at applicable Department
of State overseas posts.
DATES: Effective Date: This rule is effective June 24, 2011.
FOR FURTHER INFORMATION CONTACT: Barbara Latvanas, Procurement Analyst,
Department of State, Office of the Procurement Executive, 2201 C
Street, NW., Suite 900, State Annex Number 27, Washington, DC 20522;
telephone number: 703-516-1755; e-mail address: LatvanasBA@state.gov
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
Public Notice 5684 at 72 FR 4475, January 31, 2007, with a request for
comments to expand contracting authority at applicable overseas posts
(Embassies and Consulates) to selected non-U.S. citizen locally
employed staff (LES) for acquisitions at $25,000 and below. Because the
current DOSAR language indicates that all contracting officers must be
U.S. citizens, a change to the regulation is required. By way of
background, the Department conducted a pilot program at 15 overseas
posts in the following locations: Bridgetown, Barbados; Brussels,
Belgium; Ljubljana, Slovenia; Melbourne, Australia; Munich, Germany;
Nicosia, Cyprus; Oslo, Norway; Paris, France; Seoul, Korea; Singapore;
Tallinn, Estonia; The Hague, Netherlands; Tokyo, Japan; Valletta,
Malta; and Vienna, Austria. To ensure adequate rule of law, each of the
locations involved in the pilot program had a score of at least 5.0 on
the Transparency International Corruption Perceptions Index, available
at the following Web site: https://www.transparency.org/. This
successful pilot program resulted in streamlined procurement processes
and increased management flexibility in awarding acquisitions at
$25,000 and below. As a result of this successful pilot program, the
Department wants to adopt the proposed rule as final. As specified in
the proposed rule, appropriate enhanced management controls, including
review of LES transactions by a U.S. Citizen contracting officer, will
be imposed. For example, these controls will incorporate the following
mandatory requirements:
Available only at posts with a score of least 5.0 on the
Transparency International Corruption Perceptions Index;
Available only to selected LES staff with a minimum of
five years of Department of State experience, unquestioned integrity,
and one week of specified simplified acquisition training;
Review of LES transactions on a monthly basis by a U.S.
citizen contracting officer; and
Periodic evaluation of LES delegated procurement by the
Office of the Procurement Executive.
This DOSAR change is administrative in nature and is intended to
provide management flexibility to Department of State overseas posts.
The proposed rule was discussed in detail in Public Notice 5684. No
public comments were received. The Department is now promulgating a
final rule with no changes from the proposed rule.
Regulatory Findings
Administrative Procedure Act
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
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 13563 and Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, as amended by Executive Order
13563. In addition, the Department is exempt from Executive Order 12866
except to the extent that it is promulgating regulations in conjunction
with a domestic agency that are significant regulatory actions. The
Department has nevertheless reviewed the regulation to ensure its
consistency with the regulatory philosophy and principles set forth in
that Executive Order.
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.
[[Page 30265]]
Accordingly, for reasons set forth in the preamble, title 48,
chapter 6 of the Code of Federal Regulations is amended as follows:
Subchapter A--General
PART 601--DEPARTMENT OF STATE ACQUISITION REGULATION SYSTEM
0
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.
0
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: May 19, 2011.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. 2011-12993 Filed 5-24-11; 8:45 am]
BILLING CODE 4710-24-P
