Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations 26993

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–12907 Filed 5–14–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–205; RM–9161]

Radio Broadcasting Services; Perry,

FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 228A to Perry, Florida, as

that community’s second local service

in response to a petition filed by Frank

Vela. See 62 FR 51824, October 3, 1997.

The coordinates for Channel 228A at

Perry are 30–07–00 and 83–34–26.

There is a site restriction .8 kilometers

(.5 miles) east of the community. With

this action, this proceeding is

terminated. A filing window for

Channel 228A at Perry, Florida, will not

be opened at this time. Instead, the issue

of opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

EFFECTIVE DATE: June 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No.97–205,

adopted April 16, 1998, and released

April 24, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC. 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, 303,334,336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by adding Channel 228A at Perry.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–12905 Filed 5–14–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–188; RM–9137]

Radio Broadcasting Services; Macon,

MS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Team Broadcasting Company,

Inc., allots Channel 263A to Macon,

Mississippi, as the community’s first

local FM service. See 62 FR 46708,

September 4, 1997. Channel 263A can

be allotted to Macon in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 9.8 kilometers (6.1 miles)

west of the community. The coordinates

for Channel 263A at Macon,

Mississippi, are 33–06–37 NL and 88–

39–59 WL. With this action, this

proceeding is terminated.

EFFECTIVE DATE: June 15, 1998. A filling

window for Channel 263A at Macon,

Mississippi, will not be opened at this

time. Instead the issue of opening a

filing window for this channel will be

addressed by the Commission in a

subsequent order.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–188,

adopted April 22, 1998, and released

May 1, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Mississippi, is

amended by adding Macon, Channel

263A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–12909 Filed 5-14-98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF AGRICULTURE

48 CFR Parts 401, 402, 403, 407, 408,

409, 411, 416, 419, 422, 424, 425, 432,

434, 436, and 452

[AGAR Case 96–03]

RIN 0599–AA00

Office of Procurement and Property

Management; Agriculture Acquisition

Regulation; Miscellaneous

Amendments

AGENCY: Office of Procurement and

Property Management, USDA

ACTION: Direct final rule

SUMMARY: The Department of

Agriculture is publishing technical

corrections 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 reflect changes in the

Federal Acquisition Regulation through

Federal Acquisition Circular 97–01 and

to correct minor errors and omissions in

the reissuance of the AGAR published

on October 15, 1996 (61 FR 53645–

53677).

EFFECTIVE DATE: This rule will be

effective on July 14, 1998, unless we

receive written adverse comments or

written notice of intent to submit

adverse comments on or before June 15,

1998. If adverse comments are received,

the Department will publish a timely
26994 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations

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. Dates

III. Procedural Requirements

A. Executive Order Nos. 12866 and 12988

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

D. Small Business Regulatory Enforcement

Fairness Act

IV. Electronic Access Addresses

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

Federal Acquisition Regulation through

Federal Acquisition Circular 97–01 and

to correct minor errors and omissions in

the AGAR. In this rulemaking

document, the Department of

Agriculture is making corrections to the

AGAR as a direct final rule, since the

corrections are non-controversial and

unlikely to generate adverse comment.

The corrections are clerical or

procedural in nature, and do not affect

the public.

The following changes have been

made to the rule.

(a) AGAR 401.170 is added to inform

users about the USDA Departmental

Administration Procurement Homepage.

(b) AGAR 402.101 is amended to

change the title of the Senior

Procurement Executive’s organization.

(c) AGAR 403.104–5, 422.608,

422.608–4, 425.203, and 425.204 have

been removed to reflect amendments to

the FAR.

(d) AGAR 403.104–11, 416.404,

416.404–2, and 416.405 have been

redesignated 403.104–10, 416.405,

416.405–2, and 416.406, respectively, to

reflect amendments to the FAR.

(e) The title of AGAR subpart 408.7 is

amended to refer to the ‘‘severely

disabled’’ instead of the ‘‘severely

handicapped’’.

(f) The definition of ‘‘debarring

official’’ in AGAR 409.403 is amended

to clarify the authority of the Executive

Vice President, Commodity Credit

Corporation (CCC) to conduct

suspension or debarment actions related

to CCC commodity contracts. This

amendment reflects suspension and

debarment authority conferred on CCC

by 7 CFR 1407.

(g) AGAR 411.171 and 411.404 have

been revised to reflect changes to the

numbering of six clauses referenced in

these sections.

(h) AGAR 419.602–3 and 425.202

have been revised to reflect

amendments to the FAR.

(i) The schedule for submission of

subcontract award data to the Office of

Small and Disadvantaged Business

Utilization by USDA agencies has been

changed, and AGAR 419.201–73 is

amended accordingly.

(j) The citation to the definition of

‘‘major system’’ in the FAR is corrected

to conform to an amendment to the

FAR. AGAR 434.001 is revised to cite

the definition at FAR 2.101.

(k) AGAR part 436 is revised to

remove subpart 436.3 and to redesignate

436.302 as 436.213–2 to reflect an

amendment to the FAR.

(l) AGAR 436.575, Maximum

workweek—construction schedule, is

revised to add a reference to FAR clause

52.236–15, Schedules for Construction

Contracts.

(m) Clauses 452.211–1 through

452.211–6 are redesignated 452.211–70

through 452.211–75, respectively, to

conform to the numbering scheme

established by FAR 1.303. Clause

452.232–1 likewise is redesignated

452.232–70 to conform to this

numbering system.

II. Procedural Requirements

A. Executive Order Nos. 12866 and

12988

A work plan was prepared for this

regulation and submitted to the Office of

Management and Budget pursuant to

Executive Order No. 12866. The rule has

been determined to be not significant for

the purposes of Executive Order No.

12866. Therefore, the rule has not been

reviewed by the Office of Management

and Budget. This rule has been

reviewed 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

This rule was reviewed 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

corrections to the AGAR do not affect

the way in which USDA conducts its

acquisitions or otherwise interacts with

the public. USDA certifies that this

proposed 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 final 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.

D. Small Business Regulatory

Enforcement Fairness Act

This final 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.

IV. Electronic Access Addresses

You may send electronic mail (E-mail)

to JDARAGAN@USDA.GOV, 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 401,

402, 403, 407, 408, 409, 411, 416, 419,

422, 424, 425, 432, 434, 436, and 452

For the reasons set out in the

preamble, 48 CFR Chapter 4 is amended

as set forth below:

1. The authority citation for parts 401,

402, 403, 407, 408, 409, 411, 416, 419,

422, 424, 425, 432, 434, 436 and 452,

continues to read as follows:

Authority: 5 U.S.C. 301 and 40 U.S.C.

486(c).

2.–3. Section 401.170 is added to read

as follows:

401.170 Electronic access to regulatory

information.

The USDA Departmental

Administration Procurement Homepage

provides access to the AGAR, AGAR

amendments (circulars), AGAR

Advisories, and other USDA

procurement policy and guidance in

electronic form. The Internet address for

the Procurement Homepage is URL

http://www.usda.gov/da/procure.html.

402.101 [Amended]

4. In section 402.101 in the definition

of Senior Procurement Executive (SPE),
Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations 26995

remove the words ‘‘Director,

Procurement and Property Management,

Policy Analysis and Coordination

Center’’ and add, in their place,

‘‘Director, Office of Procurement and

Property Management’’.

403.104–5 [Removed]

5. Section 403.104–5 is removed and

reserved.

403.104–11 [Redesignated as 403.104–10]

6. Section 403.104–11 is redesignated

as 403.104–10.

7.–8. Newly designated section

403.104–10 is amended by revising the

heading and paragraph (b) to read as

follows:

403.104–10 Violations or possible

violations.

* * * * *

(b) Heads of contracting activities

(HCA’s) or their designees who receive

information concerning any violation or

possible violation of the Act shall take

action in accordance with FAR 3.104–

10(b).

407.503 [Amended]

9. In paragraph (b)(4) of section

407.503, remove the word ‘‘activity’’

and add, in its place, the word

‘‘activity’s’’.

PART 408—[AMENDED]

10. In Part 408, remove the word

‘‘Handicapped’’ wherever it appears and

add, in its place, the word ‘‘Disabled’’.

PART 409—[AMENDED]

11. Section 409.403 is revised to read

as follows:

409.403 Definitions.

Debarring official. Pursuant to the

Secretary’s delegations of authority in 7

CFR 2.24, the Senior Procurement

Executive (SPE) is designated as the

debarring official (Department Debarring

Officer) with the following exceptions:

(a) For commodity contracts awarded

on behalf of the Commodity Credit

Corporation (CCC), the Executive Vice

President, CCC, or his designee is

designated as the debarring official

pursuant to 7 CFR part 1407.

(b) For contracts awarded under the

School Lunch and Surplus Removal

Programs (42 U.S.C. 1755 and 7 U.S.C.

612c), the Department Debarring Officer

has delegated debarring authority to the

Agricultural Marketing Service (AMS).

PART 411—[AMENDED]

12. Section 411.171 is revised to read

as follows:

411.171 Solicitation provisions and

contract clauses.

(a) Contracting officers shall insert the

provision at 452.211–70, Brand Name or

Equal, in solicitations, other than those

for construction, where ‘‘brand name or

equal’’ purchase descriptions are used.

(b) Contracting officers shall insert the

clause at 452.211–71, Equal Products

Offered, in solicitations, other than

those for construction, where the

provision at 452.211–70 is included.

(c) Contracting officers shall insert the

clause at 452.211–72, Statement of

Work/Specifications, when the

description (statement of work) or

specification(s) is included in Section J

of the solicitation.

(d) Contracting officers shall insert the

clause at 452.211–73, Attachment to

Statement of Work/Specifications, when

there are attachments to the description

(statement of work) or specifications.

13. Section 411.404 is revised to read

as follows:

411.404 Contract clauses.

(a) The contracting officer shall insert

the clause at 452.211–74, Period of

Performance, when it is necessary to

specify a period of performance,

beginning on the date of award, date of

receipt of notice of award, or a specified

date.

(b) The contracting officer shall insert

the clause at 452.211–75, Effective

Period of the Contract, when it is

necessary to specify the effective period

of the contract.

PART 416—[AMENDED]

14. In subpart 416.4, sections 416.404,

416.404–2, and 416.405 are redesignated

416.405, 416.405–2, and 416.406,

respectively.

PART 419—[AMENDED]

15. Section 419.201–73 is amended by

revising paragraph (b) to read as follows:

419.201–73 Reports.

* * * * *

(b) The following dates must be

adhered to in regard to the reporting of

subcontract award data.

SF–294 Reports

Frequency: Twice a Year.

Cut-off date (Reporting Period Ending):

March 31.

Date Due at Contracting Activity: April 30.

Cut-off date (Reporting Period Ending):

September 30.

Date Due at Contracting Activity: October

30.

SF–295 Reports

Frequency: Once a Year.

Cut-off date (12 Month-Period Ending):

September 30.

Date Due at OSDBU: October 30.

16. Section 419.602–3 is revised to

read as follows:

§ 419.602–3 Resolving differences

between the agency and the Small Business

Administration.

The HCA is authorized to appeal the

issuance of a COC to SBA Headquarters

as provided by FAR 19.602–3(a).

422.608 [Removed]

17. Section 422.608 is removed and

reserved.

422.608–4 [Removed]

18. Section 422.608–4 is removed.

424.202 [Redesignated as 424.203]

19. Section 424.202 is redesignated as

section 424.203.

PART 425—[AMENDED]

20.–21. Section 425.202 is revised to

read as follows:

425.202 Policy.

(a) The SPE shall make the

determination prescribed in FAR

25.202(a)(3).

(b) If a contracting officer proposes

that the use of a particular domestic

construction material should be waived

for a contract on the grounds that its use

would be impracticable, the contracting

officer shall submit a proposed

determination with supporting

information through the HCA to the SPE

for approval or disapproval.

425.203 [Removed]

425.204 [Removed]

22. Sections 425.203 and 425.204 are

removed and reserved.

432.111 [Amended]

23. In section 432.111, remove

‘‘452.232–1’’ and add, in its place,

‘‘452.232–70’’.

434.001 [Amended]

24. In section 434.001, in the

introductory text, remove ‘‘34.001’’ and

add, in its place, ‘‘2.101’’.

PART 436—[AMENDED]

25.–26. Sections 436.213 and

436.213–2 are added to read as follows:

436.213 Special procedures for sealed

bidding in construction contracting.

436.213–2 Presolicitation notices.

The authority to waive a

presolicitation notice is restricted to the

HCA.

Subpart 436.3—[Removed]

27. Subpart 436.3 is removed and

reserved.
26996 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 /Rules and Regulations

28. Section 436.575 is revised to read

as follows:

436.575 Maximum workweek-construction

schedule.

The contracting officer shall insert the

clause at 452.236–75, Maximum

Workweek-Construction Schedule, if the

clause at FAR 52.236–15 is used and the

contractor’s work schedule is restricted

by access to the facility or must be

coordinated with the schedule of

contract administration personnel.

452.211–1—452.211–6 [Redesignated as

452.211–70—452.211–75]

29.–30. Sections 452.211–1 through

452.211–6 are redesignated sections

452.211–70 through 452.211–75,

respectively.

452.232–1 [Redesignated as 452.232–70]

31. Section 452.232–1 is redesignated

as 452.232–70.

Done at Washington, D.C., this 7th day of

May, 1998.

W.R. Ashworth,

Director, Office of Procurement and Property

Management.

[FR Doc. 98–12841 Filed 5–14–98; 8:45 am]

BILLING CODE 3410–XE–P

DEPARTMENT OF AGRICULTURE

Office of Procurement and Property

Management

48 CFR Parts 426 and 452

[AGAR Case 96–01]

RIN 0599–AA00

Agriculture Acquisition Regulation;

Preference for Selected Biobased

Products

AGENCY: Office of Procurement and

Property Management, USDA.

ACTION: Final rule.

SUMMARY: This document amends the

Agriculture Acquisition Regulation

(AGAR) to establish policy and

procedures for set-asides and

preferences for products developed with

assistance provided by the Alternative

Agricultural Research and

Commercialization Corporation

(AARCC). This amendment is needed to

implement the set-asides and

preferences described in section 1665 of

the Food, Agriculture, Conservation and

Trade Act of 1990 (7 U.S.C. 5909).

USDA will use these new policies and

procedures to increase its acquisition of

AARCC supported products.

DATES: This rule is effective July 14,

1998.

FOR FURTHER INFORMATION CONTACT: J.R.

Holcombe, Jr., (202) 720–8484.

SUPPLEMENTARY INFORMATION:

I. Background

II. Analysis of Comments

III. Procedural Requirements

A. Executive Order Nos. 12866 and 12988.

B. Regulatory Flexibility Act.

C. Paperwork Reduction Act.

D. Small Business Regulatory Enforcement

Fairness Act

IV. Electronic Access Addresses

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. This rule

amends the AGAR to establish

acquisition preferences for selected

biobased products; i.e., nonfood,

nonfeed products made from

agricultural and forestry materials and

animal by-products.

The Alternative Agricultural Research

and Commercialization Corporation

(AARCC), a wholly-owned government

corporation of the Department of

Agriculture (USDA), provides financial

assistance to private companies and

other parties to commercialize biobased

products. Section 1665 of the Food,

Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5909), added by

section 729 of the Federal Agriculture

Improvement and Reform Act of 1996

(Section 1665), authorizes Federal

executive agencies to establish setasides and preferences for biobased

products that have been commercialized

with assistance provided by AARCC.

In a Notice of Proposed Rulemaking

(62 FR 52081, October 6, 1997), USDA

announced that this proposed

amendment to the AGAR was available

for public review and comment during

a 60-day comment period. One

commenter, a trade association,

submitted comments on the proposed

rule to USDA. We considered these

comments and concluded that no

changes to the proposed rule were

required. In this rulemaking document,

USDA is finalizing the proposed

amendment to the AGAR.

We are making the following changes

to the AGAR:

(a) We are adding AGAR part 426,

Other Socioeconomic Programs, with a

subpart 426.70, Preference for Selected

Biobased Products. This subpart

establishes policy and procedures for

preferences and set-asides for products

developed with AARCC assistance.

(b) Provisions 452.226–70, Preferred

Products, 452.226–71, Set-aside for

Mandatory Products, and 452.226–72,

Price Preference for Award, are added to

AGAR part 452.

II. Analysis of Comments

We received one comment in

response to the Notice of Public

Rulemaking. A trade association

commented that it would be appropriate

to include biodiesel fuels and related

biobased products on Preference Lists

for biobased products established in

accordance with AGAR 426.7005. To

the extent that such fuels are products

developed with assistance from AARCC

(AARCC products), they would be

eligible for inclusion on the Preference

List. Biodiesel fuels that are not AARCC

products are outside the scope of the

rule and of Section 1665. Since

establishing preferences for other than

AARCC products is outside the scope of

this rule, we did not make any change

to the rule.

III. Procedural Requirements

A. Executive Order Nos. 12866 and

12988

A work plan was prepared for this

regulation and submitted to the Office of

Management and Budget pursuant to

Executive Order No. 12866. The rule has

been determined to be not significant for

the purposes of Executive Order No.

12866. Therefore, the rule has not been

reviewed by the Office of Management

and Budget. This rule has been

reviewed in accordance with Executive

Order No. 12988, Civil Justice Reform.

The rule meets the applicable standards

in section 3 of Executive Order No.

12988.

B. Regulatory Flexibility Act

This rule was reviewed 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. This final rule

will not have an adverse impact on a

substantial number of small businesses.

In Fiscal Year 1997, USDA contract

purchases from small business concerns

totaled $710 million, not including

commodity purchases. USDA purchases

of AARCC products are unlikely to

exceed $1 million annually, even with

preferences. The anticipated dollar

volume of AARCC product purchases

thus would be less than 0.1% of the

volume of products and services USDA

now purchases from small businesses.

Furthermore, AARCC product purchases

will be made almost entirely from small

businesses.

Our analysis of the impact of AARCC

preferences suggests that the AARCC