38 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations 

(f) No more than 10 percent of Core 

Programs may be preempted in each 

calendar quarter to qualify as Core 

Programming.

* * * * *

§ 73.673 [Amended]

■ 4. Section 73.673 is amended by 

removing and reserving paragraph (b).

■ 5. Section 73.3526 is amended by 

revising paragraph (e)(11)(iii) to read as 

follows:

§ 73.3526 Local public inspection file of 

commercial stations. 

(e) * * * 

(11) * * * 

(iii) Children’s television 

programming reports. For commercial 

TV broadcast stations, both analog and 

digital, on a quarterly basis, a completed 

Children’s Television Programming 

Report (‘‘Report’’), on FCC Form 398, 

reflecting efforts made by the licensee 

during the preceding quarter, and efforts 

planned for the next quarter, to serve 

the educational and informational needs 

of children. The Report for each quarter 

is to be placed in the public inspection 

file by the tenth day of the succeeding 

calendar quarter. By this date, a copy of 

the Report for each quarter is also to be 

filed electronically with the FCC. The 

Report shall identify the licensee’s 

educational and informational 

programming efforts, including 

programs aired by the station that are 

specifically designed to serve the 

educational and informational needs of 

children, and it shall explain how 

programs identified as Core 

Programming meet the definition set 

forth in § 73.671(c). The Report shall 

include the name of the individual at 

the station responsible for collecting 

comments on the station’s compliance 

with the Children’s Television Act, and 

it shall be separated from other 

materials in the public inspection file. 

The Report shall also identify the 

program guide publishers to which 

information regarding the licensee’s 

educational and informational 

programming was provided as required 

in § 73.673, as well as the station’s 

license renewal date. These Reports 

shall be retained in the public 

inspection file until final action has 

been taken on the station’s next license 

renewal application. Licensees shall 

publicize in an appropriate manner the 

existence and location of these Reports.

* * * * *

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE

■ 6. The authority citation for part 76 

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 317, 

325, 338, 339, 503, 521, 522, 531, 532, 533, 

534, 535, 536, 537, 543, 544, 544a, 545, 548, 

549, 552, 554, 556, 558, 560, 561, 571, 572, 

and 573.

■ 7. Section 76.225 is amended by 

revising paragraph (b) and Note 1 and by 

adding paragraphs (c) and (d) to read as 

follows:

§ 76.225 Commercial limits in children’s 

programs.

* * * * *

(b) The display of Internet Web site 

addresses during program material is 

permitted only if the Web site: 

(1) Offers a substantial amount of 

bona fide program-related or other 

noncommercial content; 

(2) Is not primarily intended for 

commercial purposes, including either 

e-commerce or advertising; 

(3) The Web site’s home page and 

other menu pages are clearly labeled to 

distinguish the noncommercial from the 

commercial sections; and 

(4) The page of the Web site to which 

viewers are directed by the Web site 

address is not used for e-commerce, 

advertising, or other commercial 

purposes (e.g., contains no links labeled 

‘‘store’’ and no links to another page 

with commercial material). 

(c) The display of Web site addresses 

in children’s programs is prohibited 

during both program material and 

commercial material when the site uses 

characters from the program to sell 

products or services. 

(d) This rule shall not apply to 

programs aired on a broadcast television 

channel which the cable operator 

passively carries, or to access channels 

over which the cable operator may not 

exercise editorial control, pursuant to 47 

U.S.C. 531(e) and 532(c)(2).

Note 1 to § 76.225: Commercial matter 

means air time sold for purposes of selling 

a product or service and promotions of 

television programs or video programming 

services other than children’s educational 

and informational programming.

* * * * *

[FR Doc. 04–28173 Filed 12–30–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

48 CFR Chapter 3 

Acquisition Regulation

AGENCY: Department of Health and 

Human Services (HHS).

ACTION: Direct final rule.

SUMMARY: The Department of Health and 

Human Services is amending its 

acquisition regulation (HHSAR) for the 

purpose of making administrative and 

editorial changes to reflect 

organizational title changes resulting 

from Office of the Secretary (OS) and 

Operating Division (OpDiv) 

reorganizations; updating and removing 

outdated references; providing 

procedural guidance for reporting 

violations of the Procurement Integrity 

Act; assigning unique document 

numbers for contracts and task orders, 

in accordance with an Office of 

Management and Budget Memorandum 

dated August 6, 2003; adding a new 

training requirement for HHS project 

officers; adding the terms ‘‘veteranowned’’ and ‘‘service-disabled veteranowned’’ to describe small business 

categories consistent with the Federal 

Acquisition Regulation (FAR); 

permitting a total of basic and option 

periods of up to ten years for all service 

contracts not subject to the Service 

Contract Act or other statutory 

requirements; adding the Choice of Law 

(Overseas) clause in solicitations and 

contracts when contract performance 

will be outside the United States, its 

possessions, and Puerto Rico, except as 

otherwise provided in a government-togovernment agreement; removing the 

reference to the Department’s General 

Administration Manual with respect to 

major system acquisitions; deleting 

unconstitutional and unenforceable 

portions of the Confidentiality of 

Information clause resulting from the 

outcome of Board of Trustees of Leland 

Stanford Junior Univ. v. Sullivan, and 

providing current references with 

respect to assurances and regulations 

governing the protection of human 

subjects. HHS is issuing a direct final 

rule for this action because HHS expects 

there will be no significant adverse 

comments on the rule.

DATES: This direct final rule will 

become effective March 4, 2005, unless 

significant adverse comments are 

received by February 2, 2005. If adverse 

comment is received, HHS will publish 

a timely withdrawal of the rule in the 

Federal Register.

ADDRESSES: You may submit comments 

by either of the following methods: EMail: Tracey.Mock@hhs.gov or by mail 

to: Tracey Mock, DHHS, OS, ASAM, 

Office of Acquisition Management and 

Policy, 200 Independence Ave., SW., 

Room 324E, Washington, DC 20201. 

Please state ‘‘48 CFR 3’’ on the subject 

line.

Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations 39

FOR FURTHER INFORMATION CONTACT:

Tracey Mock, Office of Acquisition 

Management and Policy, telephone 

(202) 205–4430, e-mail: Tracey.Mock@ 

hhs.gov.

SUPPLEMENTARY INFORMATION: 

A. Background 

The Department emphasizes that it is 

not making significant amendments to 

the existing HHSAR. The amendments 

being made to the HHSAR concern 

internal procedural matters which are 

administrative in nature, and will not 

have a major effect on the general public 

or on contractors or offerors supporting 

the Department. The majority of the 

amendments concern HHS 

organizational title changes resulting 

from reorganizations, such as the Health 

Care Financing Administration (HCFA) 

being renamed the Centers for Medicare 

& Medicaid Services by the Secretary of 

Health and Human Services in June 

2001. 

B. Regulatory Flexibility Act 

The Department of Health and Human 

Service certifies this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) because it does not 

impose any new requirements. 

Therefore, no regulatory flexibility 

statement has been prepared. Since this 

rule conveys existing acquisition 

policies or procedures and does not 

promulgate any new policies or 

procedures which would impact the 

public, it has been determined that this 

rule will not have a significant 

economic effect on a substantial number 

of small entities, and, thus, a regulatory 

flexibility analysis was not performed. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

HHSAR do not impose any record 

keeping or information collection 

requirements that require approval by 

the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. Existing 

approvals cited in 48 CFR 301.106 

remain in effect. The provisions of this 

regulation are issued under 5 U.S.C. 

301; 40 U.S.C. 486 (c).

List of Subjects in 48 CFR, Parts 302, 

303, 304, 306, 307, 317, 324, 333, and 

352 

Government procurement.

Ed Sontag, 

Assistant Secretary for Administration and 

Management.

■ Accordingly, 48 CFR chapter 3, parts 

302, 303, 304, 306, 307, 317, 324, 333, 

334, and 352 are amended as follows:

■ 1. The authority citation for 48 CFR 

chapter 3, parts 302, 303, 304, 306, 307, 

317, 324, 333, 334, and 352 continues to 

read as follows:

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).

CHAPTER 3—[AMENDED]

■ 2. 48 CFR chapter 3 is amended by—

■ a. Removing ‘‘Assistant Secretary for 

Management and Budget’’ and adding 

‘‘Assistant Secretary for Administration 

and Management’’ in its place each time 

it appears;

■ b. Removing ‘‘Administration for 

Children and Families’’ each time it 

appears;

■ c. Removing ‘‘Health Care Financing 

Administration’’ and adding ‘‘Centers for 

Medicare & Medicaid Services’’ in its 

place each time it appears;

■ d. Removing ‘‘Deputy Assistant 

Secretary for Grants and Acquisition 

Management’’ and adding ‘‘Director, 

Office of Acquisition Management and 

Policy’’ in its place each time it appears;

■ e. Removing ‘‘ACF’’ each time it 

appears;

■ f. Removing ‘‘HCFA’’ and adding 

‘‘CMS’’ in its place each time it appears;

■ g. Removing ‘‘ASMB’’ and adding 

‘‘ASAM’’ in its place each time it 

appears.

■ h. Removing ‘‘DASGAM’’ and adding 

‘‘Director, OAMP’’ in its place each time 

it appears.

■ i. Removing ‘‘OAM’’ and adding 

‘‘Division of Acquisition Policy (DAP)’’

in its place each time it appears.

PART 302—DEFINITIONS OF WORDS 

AND TERMS

302.101 [Amended]

■ 3. Amend section 302.101 in the 

definition of Head of the Contracting 

Agency (HCA) by removing ‘‘FDA—

Director, Policy, Evaluation and Support 

Staff, Office of Facilities, Acquisition 

and Central Services’’ and adding 

‘‘FDA—Director, Office of Acquisitions 

& Grant Services’’ in its place.

PART 303—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST

■ 4. Add section 303.104–7 to read as 

follows:

303.104–7 Violations or possible 

violations of the Procurement Integrity Act. 

(a)(1) The contracting officer’s 

determination that a reported violation 

or possible violation of the statutory 

prohibitions has no impact on the 

impending award or selection of a 

contractor must be submitted through 

appropriate channels, along with 

supporting documentation, to the Head 

of Contracting Activity (HCA) for review 

and approval of the determination 

awarding a contract. 

(2) The contracting officer’s 

determination that a reported violation 

or possible violation of the statutory 

prohibitions has an impact on the 

pending award or selection of a 

contractor must be referred through 

channels, along with all related 

information available, to the HCA (if the 

HCA is an SES) or to another SES 

official designated by the OpDiv. That 

individual will—

(i) Refer the matter immediately to the 

Office of Acquisition Management and 

Policy (OAMP), Assistant Secretary for 

Administration and Management, Office 

of the Secretary for review, which may 

consult with the Office of General 

Counsel (OGC) and the Office of 

Inspector General (OIG), as appropriate; 

and 

(ii) Determine the action to be taken 

on the procurement in accordance with 

FAR 3.104–7(c) and (d). The HCA shall 

obtain the approval or concurrence of 

the OAMP before proceeding with the 

action. 

(b) The individual in paragraph (a)(2) 

of this section acts as the agency head 

designee with respect to actions taken 

under the FAR clause 52.203–10, Price 

or Fee Adjustment for Illegal or 

Improper Authority.

PART 304—ADMINISTRATIVE 

MATTERS

■ 5. Revise paragraph (b) of Section 

304.7001 to read as follows:

304.7001 Numbering acquisitions. 

(a) * * * 

(b) Numbering system for contracts. 

All contracts which require numbering 

(paragraphs (a)(1) through (3) of this 

section) shall be assigned a number 

consisting of the following: 

(1) The three digit identification code 

of the Department (HHS); 

(2) A one digit alphabetic 

identification code of the servicing 

agency:

O Office of the Secretary 

P Program Support Center 

M Centers for Medicare & Medicaid 

Services 

F Food and Drug Administration

40 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations 

D Centers for Disease Control and 

Prevention 

I Indian Health Service 

S Substance Abuse and Mental Health 

Administration 

N National Institutes of Health 

H Health Resources and Services 

Administration

A Agency for Health Care Research & 

Quality

(3) The three digit numeric 

identification code assigned by the 

Office of Acquisition Management and 

Policy (OAMP) to the contracting office 

within the servicing agency; 

(4) A four digit fiscal year designation 

(e.g. 2005, 2006); 

(5) A five digit alphanumeric tracking 

number the content of which is 

determined by the contracting office 

within the servicing agency; and 

(6) A one digit code describing the 

type of contract action:

C New Definitive Contract 

P Purchase Using Simplified 

Acquisition 

I Indefinite Delivery Contract (IDIQ) 

O Basic Ordering Agreement (BOA) 

B Blanket Purchase Agreement (BPA) 

F Facilities Contract 

U Contracts placed with or through 

other Government departments, GSA 

contracts, or against mandatory source 

contracts such as the National 

Industries for the Blind (NIB), the 

National Industries for the Severely 

Handicapped (NISH), and the Federal 

Prison Industries (UNICOR) 

L Lease Agreement 

W Government-wide Acquisition 

Contract (GWAC) 

E Letter Contract 

G Federal Supply Schedule 

M Micropurchase

For example, the first contract for 

NIH, National Cancer Institute, for fiscal 

year 2005 may be numbered 

HHSN261200500001C. 

(c) Order numbers will be assigned to 

contracts with orders. The order number 

shall be a seventeen digit number 

consisting of the following: 

(1) The three digit identification code 

of the Department (HHS); 

(2) A one digit numeric identification 

code of the servicing agency:

O Office of the Secretary 

P Program Support Center 

M Centers for Medicare & Medicaid 

Services 

F Food and Drug Administration 

D Centers for Disease Control and 

Prevention 

I Indian Health Service 

S Substance Abuse and Mental Health 

Administration 

N National Institutes of Health 

H Health Resources and Services 

Administration 

A Agency for Health Care Research 

and Quality;

(3) The three digit numeric 

identification code assigned by the 

Office of Acquisition Management and 

Policy (OAMP) to the contracting office 

within the servicing agency; 

(4) A ten digit alphanumeric tracking 

number the content of which is 

determined by the contracting office 

within the servicing agency.

PART 306—COMPETITION 

REQUIREMENTS

306.501 [Amended]

■ 6.–8. Amend section 306.501 by:

■ a. Removing ‘‘FDA—Director, Office of 

Facilities, Acquisition, and Central 

Services’’ and adding ‘‘FDA—Chief, 

Office of Shared Services’’ in its place;

■ b. By removing ‘‘HCFA—Director, 

Office of Internal Customer Support’’

and adding ‘‘CMS—Chief Operating 

Officer—in its place;

■ c. By removing ‘‘NIH—(R&D) Director, 

Office of Extramural Research (Other 

than R&D)—Director, Office of 

Intramural Research’’ and adding 

‘‘NIH—Senior Advisor for Policy, Office 

of Extramural Research (R&D) and Senior 

Advisor to the Deputy Director for 

Intramural Research (Other than R&D)’’

in its place.

PART 307—ACQUISITION PLANNING

■ 9. Redesignate paragraph (a)(3) as (a)(4) 

and add new paragraph (a)(3) to section 

307.170–2 to read as follows:

307.170–2 Training course prerequisites. 

(a) * * * 

(3) Project Officers on HHS projects 

for which HHS or OMB requires an 

Exhibit 300 [under OMB Circular A–11, 

part 7] must successfully complete 

either HHS’’ ‘‘Early Warning Project 

Management System Workshop’’ or an 

equivalent Earned Value Management 

course (see paragraph 307.170(c)).

* * * * *

307.7105 [Amended]

■ 10.–11. In section 307.7105, revise the 

last sentence of paragraph (a)(6) to read 

as follows:

307.7105 Format and content.

* * * * *

(a) * * * 

(6) * * * Efforts to identify set-aside 

possibilities, e.g., 8(a), HUBZone, 

veteran-owned, service-disabled 

veteran-owned, and small business, and 

efforts to identify sources such as small 

disadvantaged and women-owned small 

businesses must be documented.

* * * * *

PART 317—SPECIAL CONTRACTING 

METHODS

■ 12. Add new section 317.204 to read as 

follows:

317.204 Contracts. 

(e) The total of the basic and option 

periods shall not exceed 10 years in the 

case of services and the total of the basic 

and option quantities shall not exceed 

the requirement for 5 years in the case 

of supplies. These limitations do not 

apply to information technology 

contracts. However, statutes applicable 

to various classes of contracts, such as 

the Service Contract Act, may place 

additional restrictions on the length of 

contracts.

PART 324—PROTECTION OF PRIVACY 

AND FREEDOM OF INFORMATION

■ 13. Redesignate section 324.100 as 

324.000 and revise to read as follows:

324.000 Scope of subpart. 

This part prescribes policies and 

procedures that apply requirements of 

the Privacy Act of 1974 (5 U.S.C. 552a) 

(the Act) and OMB Circular A–130, 

Revised, November 30, 2000, to 

Government contracts and cites the 

Freedom of Information Act (5 U.S.C. 

552, as amended).

PART 333—PROTESTS, DISPUTES, 

AND APPEALS

■ 14.–15. Add new section 333.215–70 

to read as follows:

333.215–70 Additional contract clause. 

Use the clause at 352.333–7001, 

Choice of Law (Overseas), in 

solicitations and contracts when 

contract performance will be outside the 

United States, its possessions, and 

Puerto Rico, except as otherwise 

provided for in a government-togovernment agreement.

PART 334—MAJOR SYSTEM 

ACQUISITION

■ 16. Amend section 334.003 by 

removing ‘‘The Department’s 

implementation of OMB Circular No. A–

109 may be found in chapter 1–150 of the 

General Administration Manual’’ and 

adding ‘‘The Department’s 

implementation of major system 

acquisitions should be conducted in 

accordance with OMB Circular A–109, 

Major System Acquisitions’’ in its place.

Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations 41

PART 352—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

Subpart 352.2—Texts of Provisions 

and Clauses

352.224–70 [Amended]

■ 17. In section 352.224–70, remove 

paragraphs (b) and (f) and redesignate 

paragraph (c) as (b), paragraph (d) as (c), 

paragraph (e) as (d), paragraph (g) as (e), 

paragraph (h) as (f), and paragraph (i) as 

(g).

352.270–8 [Amended]

■ 18.–20. Amend section 352.270–8 in 

paragraph (a) by removing ‘‘Office for 

Protection from Research Risks (OPRR), 

National Institutes of Health,’’ and 

adding ‘‘Office for Human Research 

Protections (OHRP)’’ in its place; amend 

the last sentence of paragraph (d) in 

section 352.270–8 by removing 

‘‘National Institutes of Health’’ and 

replacing with ‘‘OpDiv’’; and remove the 

last sentence of paragraph (e) in section 

352.270–8 and add ‘‘The contracting 

officer will direct the offeror/contractor 

to the OHRP IRB Registration and 

Assurance Filing website, found at

http://www.hhs.gov/ohrp/ or to the 

physical address if the offeror/contractor 

cannot access the Internet. HHS 

regulations for the protection of human 

subjects may be found at: http://

www.access.gpo.gov/nara/cfr/

waisidx_01/45cfr46_01.html’’ in its 

place.

352.270–9 [Amended]

■ 21.–22. Amend section 352.270–9 by 

removing the heading in paragraph (a) 

reading ‘‘Notice to Offerors of 

Requirement for Adequate Assurance of 

Protection of Vertebrate Animal Subjects 

(Sep. 1985)’’ and adding ‘‘Notice to 

Offerors of Requirement for Compliance 

with the Public Health Service Policy on 

Humane Care and Use of Laboratory 

Animals (Revised 1986, Reprinted 

2000)’’ in its place; and amend section 

352.270–9 by removing in the 

undesignated paragraph under the 

heading ‘‘Office for Protection from 

Research Risks (OPRR),’’ and adding 

‘‘Office of Laboratory Animal Welfare 

(OLAW)’’ in its place.

■ 23. Add new section 352.333–7001, to 

read as follows:

352.333–7001 Choice of Law (Overseas). 

As prescribed in 333.215–70, use the 

following clause:

Choice of Law (Overseas) 

This contract shall be construed and 

interpreted in accordance with the 

substantive laws of the United States of 

America. By the execution of this contract, 

the contractor expressly agrees to waive any 

rights to invoke the jurisdiction of local 

national courts where this contract is 

performed and agrees to accept the exclusive 

jurisdiction of the United States Armed 

Services Board of Contract Appeals and the 

United States Court of Federal Claims for 

hearing and determination of any and all 

disputes that may arise under the Disputes 

clause of this contract.

[FR Doc. 04–27697 Filed 12–30–04; 8:45 am] 

BILLING CODE 4151–17–P

DEPARTMENT OF AGRICULTURE

Office of Procurement and Property 

Management 

48 CFR Parts 401, 403, 404, 405, 406, 

407, 408, 410, 411, 413, 414, 415, 416, 

419, 422, 423, 424, 425, 426, 428, 432, 

433, 434, 436, 439, 445, 450, 452, and 

453 

RIN 0599–AA11 

Agriculture Acquisition Regulation: 

Miscellaneous Amendments (AGAR 

Case 2004–01)

AGENCY: Office of Procurement and 

Property Management, USDA.

ACTION: Direct final rule.

SUMMARY: The Department of 

Agriculture (USDA) is publishing 

technical amendments to the 

Agriculture Acquisition Regulation 

(AGAR) as a final rule. We use the direct 

final rule process to make noncontroversial changes to the AGAR. We 

are amending the AGAR to update 

organizational references to USDA 

components; to update citations to 

statutes and to Executive Orders; to 

update or clarify internal procedures; 

and to reflect changes in the Federal 

Acquisition Regulation through Federal 

Acquisition Circular 2001–24.

DATES: This rule will be effective on 

April 4, 2005, unless we receive written 

adverse comments or written notice of 

intent to submit adverse comments on 

or before February 2, 2005. If adverse 

comments are received, USDA 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, identified by 

AGAR Case 2004–01 or Regulatory 

Information Number (RIN) 0599–AA11, 

by any of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: joe.daragan@usda.gov.

Include AGAR Case 2004–01 or RIN 

0599–AA11 in the subject line of the 

message. 

• Fax: (202) 720–8972. 

• Mail: U.S. Department of 

Agriculture, Office of Procurement and 

Property Management, Procurement 

Policy Division, STOP 9303, 1400 

Independence Avenue, SW., 

Washington, DC 20250–9303. 

• Hand Delivery/Courier: U.S. 

Department of Agriculture, Office of 

Procurement and Property Management, 

Procurement Policy Division, Reporter’s 

Building, 300 7th Street, SW., Room 

310A, Washington, DC 20024. 

All submissions received must 

include the agency name and AGAR 

Case number or RIN for this rulemaking. 

All comments received will be posted 

without change to http://www.usda.gov/

procurement/policy/agar.html,

including any personal information 

provided.

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 

E. Unfunded Mandates Reform Act 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments

I. Background 

The AGAR implements the Federal 

Acquisition Regulation (FAR) (48 CFR 

ch. 1) where further implementation is 

needed, and supplements the FAR when 

coverage is needed for subject matter 

not covered by the FAR. The AGAR is 

being revised to reflect changes in the 

FAR made by Federal Acquisition 

Circulars (FACs) 97–02 through 2001–

24 and to implement changes in USDA 

delegated authorities and internal 

procedures since October 2001. In this 

rulemaking document, USDA is making 

corrections to the AGAR as a direct final 

rule, since the corrections are noncontroversial and unlikely to generate 

adverse comment. The corrections are 

clerical or procedural in nature and do 

not affect the public. 

Rules that an agency believes are 

noncontroversial and unlikely to result 

in adverse comments 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) 

notifying the public of its intent to use 

direct final rulemaking in appropriate 

circumstances.