38330 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: July 7, 1998.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 98–18969 Filed 7–15–98; 8:45 am]

BILLING CODE 6718–04–P

GENERAL SERVICES

ADMINISTRATION

48 CFR Parts 532 and 552

[APD 2800.12A, CHGE 80]

RIN 3090–AG

General Services Administration

Acquisition Regulation; 10 Day

Payment Clause for Certain Federal

Supply Service Contracts and

Authorized Price Lists Under Federal

Supply Service Schedule Contracts

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The General Services

Administration is adopting as final,

with a change, the interim rule

published in the Federal Register at 63

FR 12965, March 16, 1998. This final

rule amends the General Services

Administration Acquisition Regulation

(GSAR) to include Internet-based

invoice processing, in addition to

electronic data interchange (EDI) and

electronic funds transfer (EFT), as an

accepted electronic commerce (EC)

transaction. This rule also amends the

GSAR to allow contractors under the

Federal Supply Service (FSS) multiple

award schedule (MAS) program to print

and distribute contract pricelists

without prior written approval from the

contracting officer.

DATES: Effective Date: July 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Gloria Sochon, GSA Acquisition Policy

Division, (202) 208–6726.

SUPPLEMENTARY INFORMATION:

A. Background

The interim rule amended GSAR Part

532 and 552 to provide for payment of

invoices in 10 days under Federal

Supply Service (FSS) contracts in the

Stock, Special Order, or Schedules

Programs for contractors who agree to

process orders and invoices

electronically using implementation

conventions provided by GSA. The rule

defined full cycle EC and provided

contract clauses establishing the

conditions for 10 day payment of

invoices.

No public comments were received in

response to the interim GSAR rule. The

interim GSAR rule is being converted to

final with a change to add Internetbased invoice processing to the accepted

EC transactions. This change will

increase the base of contractors eligible

to participate in full cycle EC.

In addition, GSA is removing the

requirement that contractors under the

FSS MAS program obtain written

approval from the contracting officer

prior to printing or distributing contract

pricelists. This change will allow FSS

MAS contractors to begin selling their

products through their schedule

contracts, and make the contracts

available for Government agencies to

use, as quickly as possible. In the past,

FSS MAS contracts all started on a

common date. FSS awarded many

contracts in advance of the common

start date, allowing time between award

and the start date for the process of

approving the pricelists. Many schedule

contracts now have a variable contract

period, effective on the date of award.

The process of approving pricelists only

delays the ability of contractors and

customers to begin using the established

contracts on that date. Other contractual

remedies, including price adjustment or

termination, sufficiently protect the

Government’s interest in the event that

a contractor issues an incorrect pricelist.

GSA expects this rule will have no

significant cost or administrative burden

on contractors or offerors. The rule

simplifies administrative processes by

removing the requirement to seek and

obtain Government approval to print or

distribute a contract pricelist. It also

eliminates the costs involved in seeking

and obtaining the approval.

B. Executive Order 12866

This regulatory action was not subject

to Office of Management and Budget

Review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

The GSA certifies that this final rule

will not have a significant economic

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq. The rule provides that the

Government will make payment in 10

days from receipt of a proper invoice

when the contractor agrees to full cycle

EC. Because not all contractors are EDI

capable, full cycle EC is not mandatory.

Contractors who do not agree to the

terms will be paid under standard

Prompt Payment Act (31 U.S.C. 3903)

procedures and suffer no adverse

consequences. Contractors who agree to

full cycle EC will benefit from receiving

payment more quickly and being able to

streamline administrative procedures

and costs associated with processing

contract orders.

The change to allow contractors under

the FSS MAS program to print and

distribute contract pricelists without

prior written approval from the

contracting officer is not a significant

revision requiring public comments and

therefore the Regulatory Flexibility Act,

5 U.S.C. 601, et seq., does not apply.

D. 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 Parts 532 and

552

Government procurement.

Accordingly, the interim rule

amending 48 CFR Parts 532 and 552

which was published at 63 FR 12965,

March 16, 1998, is adopted as a final

rule with the following changes:

1. The authority citation for 48 CFR

Parts 532 and 552 continues to read as

follows:

Authority: 40 U.S.C. 486(c).

PART 532—CONTRACT FINANCING

2. Section 532.902 is amended by

revising the introductory paragraph to

read as follows:

532.902 Definitions.

‘‘Full cycle electronic commerce’’

means the use of electronic data

interchange (EDI), Internet-based

invoice processing, and electronic funds

transfer (EFT):

* * * * *

3. Section 532.905 is amended by

revising paragraph (c)(2) to read as

follows:

532.905 Invoice payments.

* * * * *

(c) * * *

* * * * *

(2) The 10 day payment terms apply

to each order that meet all the following

conditions:

(i) FSS places the order using EDI in

accordance with the Trading Partner

Agreement.

(ii) The contractor submit EDI

invoices in accordance with the Trading

Partner Agreement or invoices through

the GSA Finance Center Internet-based

invoice process.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38331

(iii) A GSA Finance Center pays the

invoices using EFT.

* * * * *

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Section 552.232–25 is amended by

revising the clause date and deviation

citation and revising paragraph (a)(2)(ii)

to read as follows:

552.232–25 Prompt payment.

* * * * *

PROMPT PAYMENT (JUL 1998)

(DEVIATION FAR 52.232–25)

* * * * *

(a) Invoice payments.

* * * * *

(2) * * *

* * * * *

(ii) The Contractor must generate and

submit to the Government valid EDI invoices

(transaction set 810) or submit invoices

through the GSA Finance Center Internetbased invoice process. Internet-based

invoices must be submitted using procedures

provided by GSA.

* * * * *

5. Section 552.232–70 is amended by

revising the clause date and paragraph

(b)(2) to read as follows:

552.232–70 Invoice payments.

* * * * *

INVOICE PAYMENTS (JUL 1998)

* * * * *

(b) * * *

* * * * *

(2) The Contractor must generate and

submit to the Government valid EDI invoices

(transaction set 810) or submit invoices

through the GSA Finance Center Internetbased invoice process. Internet-based

invoices must be submitted using procedures

provided by GSA.

* * * * *

6. Section 552.238–74 is amended by

revising the clause data and paragraph

(b) to read as follows:

552.238–74 Submission and distribution of

authorized FSS schedule pricelists.

* * * * *

SUBMISSION AND DISTRIBUTION OF

AUTHORIZED FSS SCHEDULE PRICELISTS

(JUL 1998)

* * * * *

(b) The Contracting Officer will return one

copy of the Authorized FSS Schedule

Pricelist to the Contractor with the

notification of contract award.

* * * * *

Dated: July 8, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–18816 Filed 7–15–98; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

[Docket No. OST–96–1430; Amdt. 1]

RIN 2105–AC69

Public Availability of Information;

Electronic FOIA Amendment

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Department of

Transportation revises its regulations

implementing the Freedom of

Information Act (FOIA), 5 U.S.C. 552.

This amendment provides changes to

conform to the requirements of the

Electronic Freedom of Information Act

Amendments of 1996 (EFOIA), Public

Law 104–231, provides changes to

DOT’s fee schedule, and reflects certain

organizational changes.

DATES: This rule takes effect on August

17, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert I. Ross, Office of the General

Counsel, C–10, Department of

Transportation, Washington, DC 20590,

telephone (202) 366–9156, FAX (202)

366–9170; electronic mail

bob.ross@ost.dot.gov.

SUPPLEMENTARY INFORMATION: These

revisions reflect changes required by the

Electronic Freedom of Information Act

Amendments of l996 (Public Law 104–

231). New provisions implementing the

amendments are found at §§ 7.5

(frequently requested documents), 7.8

(electronic reading room requirements),

7.21 (deletion markings and volume

estimation), 7.31 (timing of responses,

multi-track and expedited processing),

and 7.33 (unusual circumstances).

Revisions to DOT’s fee schedule can be

found at § 7.43. DOT will be charging

fees at rates based on an average of

hourly rates for three pay scale levels.

Finally, references to DOT’s Urban Mass

Transportation Administration (UMTA)

are changed to the Federal Transit

Administration (FTA) to reflect a

statutory revision to the name of the

agency. This amendment was published

for public comment (63 FR 18855; April

16, 1998), but none was received. We

are therefore issuing this amendment as

proposed.

Regulatory Notices and Analysis

This amendment is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866 or the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1531 et seq.). It is also not

significant within the definition in

DOT’s Regulatory Policies and

Procedures, 49 FR 11034 (1979), in part

because it does not involve any change

in important DOT policies. Because the

economic impact should be minimal,

further regulatory evaluation is not

necessary. Under the Regulatory

Flexibility Act, the group of persons

who will be directly affected by this

amendment are the public, who will

find it easier to obtain information from

the DOT under FOIA. Individual

members of the public do not qualify as

small entities, but small organizations,

businesses, etc., do and all will have

burdens lessened by this amendment, as

its effect will be to make records

available through electronic media and

to streamline FOIA processing activities;

however, it is not likely that any such

burden reduction will be large nor that

it will be convertible into economic

equivalents. Hence, I certify that this

amendment will not have a significant

economic impact on a substantial

number of small entities.

This amendment does not

significantly affect the environment, and

therefore an environmental impact

statement is not required under the

National Environmental Policy Act of

1969. It has also been reviewed under

Executive Order 12612, Federalism, and

it has been determined that it does not

have sufficient implications for

federalism to warrant preparation of a

Federalism Assessment.

Finally, the amendment does not

contain any collection of information

requirements, requiring review under

the Paperwork Reduction Act, as

amended.

List of Subjects in 49 CFR Part 7:

Freedom of information.

In accordance with the above, DOT

revises 49 CFR Part 7 to read as follows:

PART 7—PUBLIC AVAILABILITY OF

INFORMATION

Subpart A—General Provisions

Sec.

7.1 General.

7.2 Definitions.

Subpart B—Information Required to be

Made Public by DOT

7.3 Publication in the Federal Register.

7.4 Publication required.

7.5 Availability of opinions, orders, staff

manuals, statements of policy, and

interpretations and indices.

7.6 Deletion of identifying detail.

7.7 Access to materials and indices.

7.8 Copies.

7.9 Protection of records.

7.10 Public records.