Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 9

effective as scheduled. However, if the

Coast Guard receives written adverse

comment or written notice of intent to

submit adverse comment, the Coast

Guard will publish a notice in the

Federal Register to announce

withdrawal of all or part of the direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of the rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comment

were received. The part of the rule that

is the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published

and a new opportunity for comment

provided.

A comment is considered ‘‘adverse’’ if

the comment explains why the rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach or would be

ineffective or unacceptable without a

change. A comment submitted in

support of a rule is not adverse. A

comment suggesting that the policy

requirements of the rule should or

should not be extended to other Coast

Guard programs is outside the scope of

the rule and is not adverse.

Background and Purpose

This project resulted from a review of

the Code of Federal Regulations (CFR)

required by the Presidential Regulatory

Reinvention Initiative review to rid the

CFR of unnecessary regulations. This

rule will remove Appendix A or Part 81

of 33 CFR which reprints the text of the

International Regulations for Preventing

Collisions at Sea, 1972 (72 COLREGS)

published at 33 U.S.C. § 1602. The 72

COLREGS implement the Convention

on the International Regulations for

Preventing Collisions at Sea, 1972

which was adopted by Presidential

Proclamation in 1972. The text in the

CFR which will be eliminated by this

rule exactly duplicates the text set out

in the United States Code. Therefore,

the Coast Guard believes that it is both

unnecessary for the text to be reprinted

in the Code of Federal Regulations.

Additionally, the practical effect of this

elimination should be minimal as the

text of the 72 COLREGS is also reprinted

in Commandant Instruction

(COMDTINST M16672.2B) which is

available to the public through the

Government Printing Office. Since these

laws are available in the United States

Code (U.S.C.) and can be acquired

through the Government Printing Office,

the Coast Guard has determined that

Appendix A should be eliminated as

unnecessary.

Additionally, the list of U.S.

territories where the 72 COLREGS

apply, contained in the special note to

Subchapter D in 33 CFR, is being

updated to remove the Trust Territory of

the Pacific Islands. This is an

administrative update being made

because the Trust Territory of the

Pacific Islands is no longer a U.S.

territory.

The Coast Guard is retaining in 33

CFR the interpretative rulings regarding

the 72 COLREGS as well as the

demarcation lines delineating the

boundaries where the 72 COLREGS

apply.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The Coast Guard determined that a full

Regulatory Evaluation was unnecessary

because this rule is simply an

administrative action eliminating

unnecessary text from the CFR and will

have no significant impact on the

maritime community.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

This project will not impose any cost

on the marine industry. Mariners have

easy access to these laws through Coast

Guard publications which are available

from the Government Printing Office as

well as through the United States Code.

This change will serve an indirect

benefit to the Federal Government by

saving the cost of printing seventeen

pages in the Code of Federal

Regulations.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. Any comments

submitted in response to this finding

will be evaluated under the criteria

described earlier in the preamble for

comments.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.e(34)(a) of The NEPA

Implementing Procedures, COMDTINST

M16475.1B. (as revised by 59 FR 38654,

July 29, 1994), this rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 81

Navigation (water), Reporting and

recordkeeping requirements, Treaties.

For the reasons set out in the

preamble and under the authority of 33

U.S.C. 1602, the Coast Guard amends 33

CFR chapter 1 and part 81 as follows:

Subchapter D [Amended]

1. The special note at the beginning of

subchapter D is amended by removing

‘‘The Trust Territory of the Pacific

Islands’’ from the listing in paragraph a.

PART 81—[AMENDED]

2. The authority for part 81 continues

to read as follows:

Authority: 33 U.S.C. 1607; E.O. No. 11964;

44 CFR 1.46.

3. Appendix A to part 81 is removed.

Dated: December 22, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–31522 Filed 12–29–95; 8:45 am]

BILLING CODE 4910–14–M
10 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 201–1, 201–2, 201–3,

201–4, 201–6, 201–7, 201–17, 201–18,

201–20, 201–21, 201–22, 201–24 and

201–39

[FIRMR Amendment 7]

RIN 3090–AF31

Amendment of FIRMR Provisions To

Ensure Currency and Relevancy

AGENCY: Information Technology

Service, GSA.

ACTION: Final rule.

SUMMARY: This document amends

selected Federal Information Resources

Management Regulation (FIRMR)

provisions to ensure the currency and

relevancy of the FIRMR. It is issued in

accordance with Executive Order 12866

of September 30, 1993, which requires

agencies to periodically review their

significant regulations to determine

whether they should be modified or

eliminated.

This rule makes a number of changes

to the FIRMR. Among the more

significant changes, are the following:

add, change, or remove FIRMR

definitions and acronyms including

redefining ‘‘outdated equipment’’ to

mean Federal information processing

equipment over six years old that is no

longer in current production; revise

provisions pertaining to accessibility by

individuals with disabilities to

implement the new focus in the

Rehabilitation Act Amendment of 1992

on information rather than equipment;

permit agency heads to grant exceptions

to the mandatory use of a Federal

Standard (FED–STD) after notification

to GSA; clarify the intent of the FIRMR

requirement for agencies to conduct

requirements analyses ‘‘commensurate

with the size and complexity of the

need’’; allow agencies to substitute

similar documentation prepared in

response to programmatic needs for

requirements analyses; establish a

threshold below which agencies do not

have to prepare a requirements analysis

or analysis of alternatives; clarify that

agencies need only perform an analysis

of alternatives for those alternatives

most feasible to implement; raise the

threshold from $50,000 to $1,000,000

for doing an analysis of alternatives

limited to demonstrating that the

benefits of the acquisition will outweigh

the costs; specify ratification procedures

when a delegation of procurement

authority (DPA) is required from GSA

but has not been obtained; remove the

reporting requirements to GSA for

listening-in to or recording telephone

conversations and toll-free telephone

service; clarify procedures for

economical capability and performance

validation; revise the scope of

obsolescence reviews to include

equipment that may be obsolescing;

expand the exception from $300,000 to

$1,000,000 for award based on lowest

offered purchase price; clarify that

agencies must submit post delegation

information to GSA for specific

acquisition delegations; clarify

procedures for evaluating outdated and

obsolete information technology; and

remove an antiquated clause concerning

warranty exclusion and limitation of

damages.

EFFECTIVE DATE: This rule is effective

February 1, 1996.

FOR FURTHER INFORMATION CONTACT: Judy

Steele, GSA, Center for Information

Technology Policy and Regulations

Management (KAR), 18th & F Streets,

NW., Room 3224, Washington, DC

20405, telephone FTS/Commercial (202)

501–3194 (v) or (202) 501–0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) This

amendment incorporates provisions of

two notices of proposed rulemaking

(NPR’s) published in the Federal

Register (FR) on December 6, 1994 and

January 10, 1995. The December 6,

1994, FR notice proposed various

changes to several sections of the

FIRMR. The January 10, 1995, FR

notice, erroneously published as an

amendment to Part 39 of the Federal

Acquisition Regulation, provided

clarification regarding ratification

procedures for contracts that required a

delegation of procurement authority

(DPA) from GSA when the DPA had not

been obtained initially. The following

summarizes the changes being made as

a result of these notices:

(a) Sections 201–1.003(a), 201–3.000,

201–3.001(a), 201–3.101, 201–3.201(d),

201–3.3 and the title to part 201–3 are

amended to discontinue the opportunity

for agencies to establish supplements to

the FIRMR as part of the Code of Federal

Regulations (CFR). GSA has determined

that agencies have not issued such

regulations in the CFR since the

establishment of the FIRMR, and that

the provisions are therefore

unnecessary.

(b) Section 201–1.003 paragraph (d) is

amended by deleting responsibilities of

the Archivist of the United States. It is

the intent of the FIRMR to only

implement GSA’s authorities and

responsibilities. Including the

Archivist’s responsibilities in the

FIRMR is, therefore, unnecessary.

(c) Section 201–2.001 paragraphs

(a)(1) through (6) are removed. The

original text was taken from the

Paperwork Reduction Act. However, not

all provisions were excerpted. This

resulted in some confusion.

Accordingly, the text is being removed

so that agencies will refer to the

Paperwork Reduction Act to learn the

specific responsibilities of the

designated senior official.

(d) Section 201–2.001 paragraph (b) is

amended by removing the last sentence

which pertained to agencies not subject

to the Paperwork Reduction Act. This

information is adequately covered in

§ 201–2.002.

(e) Section 201–2.002 is amended by

changing the sequence of paragraphs (a)

through (c). The revised sequence more

accurately aligns the responsibilities of

the agency designated senior official

(DSO).

(f) Section 201–3 discusses the

organization of the FIRMR, how it is

supplemented with other guidance

issuances, and its relationship to the

Federal Acquisition Regulation (FAR).

Section 201–3.001 is amended to

remove unnecessary details which

pertain to circumstances giving rise to

interim rules. This information is more

appropriately discussed in § 201–3.203.

Section 201–3.203 paragraph (c)

replaces the term ‘‘temporary change’’

with the words ‘‘interim rule’’ to

standardize terminology pertaining to

revising the FIRMR. Also removed for

brevity is a redundant sentence that lists

the various types of guidance material

already described. For consistency, the

enumeration of the types of guidance

issuances contained in the FIRMR

(§ 201–3.001(b)(1) through (3)) is

changed to small roman numerals.

(g) Section 201–3.001 paragraph (b)(i)

is amended to reflect the current

availability of the FIRMR on CD-ROM.

(h) Section 201–3.204 paragraph (a) is

amended to update the phone number

for the Government Printing Office

(GPO) Bookstore.

(i) In sections 201–4.001 and 201–

39.201, the definition for outdated FIP

equipment is revised to shorten the

period for determining when FIP

equipment is outdated. The FIRMR

defines outdated FIP equipment as any

FIP equipment over eight years old,

based on the initial commercial

installation date of that model of

equipment, and that is no longer in

current production. This definition has

been in existence since 1986 when the

product cycle of computer equipment

was four years. Since that time, the

product life cycle has decreased to

about three years, and industry

spokesmen state that this figure is

decreasing even more. When

microcomputers are upgraded, the
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 11

product cycle may be even less since

typically they are upgraded by replacing

internal components. The ‘‘chip’’ life

cycle for these components is generally

18 to 24 months. Additionally, after five

years most computer equipment has

little or no market value. In recognition

of these facts, the definition for outdated

equipment is being revised to shorten

the time interval from eight to six years

after the first commercial installation at

which point equipment no longer

produced is considered to be outdated.

(j) Section 201–4.001 is amended by

adding a new definition for ‘‘Records

management.’’ The FIRMR discusses

records management in subpart 201–9.1,

but has never included a definition. The

definition added is the same as

contained in OMB Circular A–130. Also,

the existing definitions of ‘‘application

software’’ and ‘‘common-use software’’

are designated as subcategories (a) and

(b) respectively of the larger term,

‘‘Software’’ for consistency of format.

(k) Section 201–4.002 is revised to

include the following new acronyms:

CBD, FED-STD, FSTS, GAO, GSBCA,

IRPMR, MOL, OAC, and POTS. These

acronyms were used in the FIRMR

index, but previously were not defined.

(l) Section 201–4.003, Applicable

OMB Circulars, is being added. In order

to avoid future changes to FIRMR text

caused by revisions of OMB Circular

titles, this new section is added to

include the current titles of all OMB

Circulars referenced in the FIRMR.

(m) Section 201–6.001 is revised to

add a new item (a)(5) to more closely

reflect the provisions of the Paperwork

Reduction Act, as well as address

matters raised in OMB Circular A–130.

These include improving service

delivery, dissemination of information,

increasing productivity, improving the

quality of decision making, reducing

fraud and waste, and reducing the

information collection burden on the

public. Section 201–6.001 is also

revised to redesignate the previous item

(5) as new item (6).

(n) A series of revisions are being

made due to Public Law 102–569 (dated

October 29, 1992), which amended the

Rehabilitation Act of 1973 by

broadening the scope of accessibility for

individuals with disabilities. These

revisions capture more thoroughly the

intent of Pub. L. 102–569. The previous

version of the Rehabilitation Act only

required that GSA ensure those with

disabilities can access ‘‘electronic office

equipment.’’ The revised statute

recognizes that while equipment

accessibility is important, that alone is

not sufficient because an agency’s

applications software and user

interfaces can impede the functional use

of a computer if they do not have

features permitting use by individuals

with disabilities. The revised statutory

provision emphasizes that all

individuals must be able to use

technology to accomplish the same end

objectives.

A new paragraph 201–6.002(g) is

added to include as a predominant

consideration in the management and

use of information and records, the

importance of ensuring that individuals

with disabilities can produce

information and data, and have access

to information and data, comparable to

the information and data, and access,

respectively, of others. Section 201–

6.002 is also revised to redesignate the

previous item (g) as new item (h).

In addition to the insertion of 201–

6.002(g), discussed above, other

provisions of the FIRMR pertaining to

accessibility by individuals with

disabilities are being revised to

incorporate the statutory intent of Pub.

L. 102–569. These other FIRMR

provisions are:

—201–17.001(j)—Predominant

Considerations in the Management

and Use of Federal Information

Processing (FIP) Resources;

—201–18.001(e), which generally

describes the Federal Government’s

statutory responsibility to foster

accessibility for individuals with

disabilities;

—201–18.002(c), which pertains to

adoption of accessibility guidelines in

agency IRM plans; and

—201–20.103–7(a), which requires

agencies to incorporate accessibility

requirements in their acquisitions of

FIP resources.

(o) Section 201–7.001 paragraph (b) is

revised to delete a reference to canceled

OMB Circular A–3.

(p) Section 201–7.002 paragraph (c) is

revised to clarify when information

needs are determined. The existing text

suggested that information needs were

to be determined before conducting a

requirements analysis. The revised text

reflects that determining information

needs and analyzing requirements are

frequently concurrent activities.

(q) Section 201–9.202–1 paragraph

(b)(9) is revised to update the current

mailing address for the Supply

Management Division.

(r) The existing text in paragraph 201–

20.001(d) referenced the specific

subjects of requirements analysis and

analysis of alternatives in the GSA

Acquisition Guide series. The reference

to the guide series is unnecessary and is

being deleted.

(s) Subpart 201–20.1 is revised to

clarify GSA’s intent regarding the

preparation of requirements analyses.

Currently, the FIRMR requires agencies

to document their requirements for FIP

resources ‘‘by conducting a

requirements analysis commensurate

with the size and complexity of the

need.’’ Some agencies have questioned

the necessity of conducting a

requirements analysis and preparing the

required documentation when a similar

document has already been prepared in

conformance with agency programmatic

needs. The FIRMR is being revised to

allow agencies to use such similar

documents if they address the basic

information required in a requirements

analysis.

Other agencies have misinterpreted

the intent of the phrase ‘‘commensurate

with the size and complexity of the

need,’’ and, in some cases, are over

documenting requirements for small

dollar acquisitions. These small dollar

acquisitions are usually for commercial

items readily available in the

competitive marketplace. FAR planning

provisions and agencies’ internal

procurement procedures provide

sufficient information for requirements

to justify small dollar value

acquisitions. To ensure more

expeditious and efficient acquisitions,

this rule establishes a threshold for

when agencies must conduct

requirements analyses and analyses of

alternatives. Sections 201–20.102 and

201–20.202 are revised to eliminate the

requirement to perform requirements

analyses and analyses of alternatives for

acquisitions of FIP resources when the

total estimated system life costs of the

FIP resources are less than $500,000.

Agencies may establish internal

documentation procedures when the

acquisitions involve FIP resources

valued at less than $500,000. However,

agencies are encouraged to keep such

documentation requirements to a

minimum.

Additionally, § 201–20.103 is revised

to require that agencies only consider

the factors in this section if it is

appropriate to do so. This allows

agencies to exercise discretion regarding

whether or not to include the factors in

their requirements analyses.

(t) Subpart 201–20.2 requires agencies

to perform an analysis of alternatives

based on the requirements analysis to

determine the most advantageous

alternative that will meet their needs.

Like the requirements analysis, the

analysis of alternatives must be

‘‘commensurate with the size and

complexity of the agency’s need’’. As

indicated in paragraph 201–20.203–

1(a)(1), GSA’s intention was that

agencies only include in the analysis of

alternatives those alternatives that are
12 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

truly feasible to implement. It has come

to our attention, however, that some

agencies are analyzing all alternatives,

whether or not they are feasible in the

specific circumstance. This

unnecessarily complicates and

lengthens the acquisition process.

Accordingly, section 201–20.202, which

states the FIRMR policy on performing

analyses of alternatives, is being revised

to emphasize that agencies should limit

the number of alternatives analyzed to

those that are most feasible to

implement. Other changes are also being

made to this subpart. Section 201–

20.203–2 is being revised to increase

from $50,000 to $1,000,000 the

threshold for performing a more

detailed analysis of alternatives.

Accordingly, agencies must perform an

analysis including use of the present

value of money if the estimated amount

of their proposed acquisition is more

than $1,000,000 or an analysis that

demonstrates that the benefits of the

acquisition will outweigh the costs if

the acquisition is less than $1,000,000.

This change will help to streamline the

acquisition process by reducing

documentation requirements for a

greater number of smaller acquisitions.

Additionally, paragraph 201–20.203–

2(c) is being revised to delete the title

of OMB Circular A–94 and to move it

to the new section 201–4.003.

(u) Section 201–20.303 paragraph

(d)(2) is revised to permit agency heads

to grant exceptions to FED–STDS

provided GSA is notified at least 30

days prior to any granting of an

exception to a FED–STD, e.g., in a

solicitation. This change empowers

agencies to accomplish their missions

more effectively.

(v) Section 201–20.304 paragraphs (a)

and b(1) deal with capability and

performance validation. They are

revised to require use of validation

techniques that are more economical to

Government and industry than use of a

benchmark or an operational capability

demonstration (OCD). In the early years

of computing, comprehensive

benchmarks, stress tests, and OCDs were

useful for validating reliability,

performance and other requirements. In

today’s mature industry, the reliability

and stability of the marketplace

offerings are much higher. Also, there is

substantial empirical data available

from independent sources to assist

agencies in assessing how a proposed

system will perform in their

environment and with their workloads.

As a result, the use of benchmarks or

OCDs may not be the most advantageous

approach in many acquisitions. This is

more likely to be the case for those

acquisitions that do not require

customized hardware and/or software.

Agencies will now be required to select

the most economical technique

available that will meet their minimum

needs. Additionally, paragraph 201–

20.304(b)(2) is revised to delete the

adjective ‘‘actual’’ in front of the word

‘‘requirements’’. The word ‘‘actual’’

caused some confusion about the

meaning of ‘‘When a benchmark is used

as part of performance validation,

agencies shall ensure, that the FIP

software selected for benchmarks is

representative of actual

requirements . . . ’’ In fact, agencies

acquire systems to accommodate a

workload over a life cycle of some years.

An agency’s definition of its

requirements at the time of acquisition

is its best estimate of workload that will

ultimately occur over the ensuing years.

(w) Section 201–20.305 is being

amended to recognize the fact that GSA

will, at the request of an agency, grant

authority to the agency to ratify a

contract awarded without the necessary

specific acquisition DPA. The

amendment also clarifies that

procurement actions taken prior to

contract award do not necessarily have

to be repeated. It should be noted that

the agency designated officials already

have the authority to permit ratification

of contracts valued at less than the

agencies’ regulatory or specific agency

delegation thresholds.

(x) Section 201–20.305–3 is revised to

emphasize the agency requirement for

the submission of post delegation

information to GSA for specific

delegations. With the increased

emphasis on results oriented

performance, GSA will seek information

demonstrating that agencies are

obtaining the benefits cited in their

agency procurement requests. Also, this

section’s reference to a specific

acquisition DPA under the Trail Boss

program is being deleted. Although the

Trail Boss approach is being retained

and its use encouraged, special DPAs

will no longer be required.

(y) Section 201–21.201 paragraph (b)

is revised to reflect the current name

and symbol of a GSA organization.

(z) Section 201–21.301 paragraphs (a)

and (d) are revised to delete references

to OMB Circular A–130, Appendix III.

(aa) Section 201–21.401 paragraph (c)

is revised to remove references to OMB

Circular A–130, Appendix II, which is

proposed for revision; and to remove the

title of the Circular since it appears in

the new section 201–4.003.

(bb) Section 201–21.403 is amended

to change the annual report date from

November 30 to October 20 for reporting

the dollar amount charged to users for

the sharing of excess FIP resources. This

earlier due date allows for more timely

submission of GSA’s consolidated

Governmentwide report to Congress.

(cc) Section 201–21.601(c)(3) is

amended to change the reference from 5

CFR 735.205 to 5 CFR 2635.704, to

reflect a change in the regulations

covering the use of telephone calls

placed over Government provided

telephone systems.

(dd) Section 201–21.603 is amended

to delete the agency reporting

requirement. Agencies that listen-in or

record conversations for public safety,

public service monitoring or to assist

individuals with disabilities must notify

GSA in writing at least 30 days before

the operational date. This notification

provision is being removed because it

places an unnecessary burden on

agencies. GSA does not have any

affirmative enforcement or other

function with regard to listening-in that

would make this reporting requirement

necessary. Such responsibilities rest

solely with the reporting agency.

Accordingly, in line with placing

authority and responsibility at the

appropriate level, this reporting

requirement will be removed as will the

provision that GSA will periodically

review agency listening-in activities.

(ee) Section 201–21.604, requires

agencies to forward to GSA copies of

each order for toll free telephone

service. Documentation submitted is to

include estimates of monthly costs and

usage, and cite the relevant statute,

Executive Order, or other regulation

directing the toll free service. This

provision is being removed because the

use of toll-free telephone services is

sufficiently routine that close

supervision by GSA is no longer

needed. Removal of this provision

reduces costly and burdensome overregulation and places authority and

responsibility with the agency.

(ff) Section 201–22.303 is revised to

expand the scope of the subpart.

Currently, this provision requires

agencies to review the use of equipment

that is already outdated and to

determine if continued use is

economical. This provision is revised

also to expand the scope of the review

to include equipment that may be

obsolescent. This change is made to

encourage agencies to ensure that their

FIP equipment always remains

economical and efficient. Guidelines are

provided to assist agencies in

identifying obsolescent equipment.

Agencies are encouraged to replace their

obsolescent equipment if the cost of

continued use exceeds the cost of

acquiring and operating newer

technology.
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 13

(gg) Section 201–39.1001–1 is

amended by removing the words ‘‘OMB

Bulletin 88–16’’ in paragraph (i) and

adding in their place ‘‘OMB Bulletin

90–08’’.

(hh) Sections 201–39.1402–2

paragraph (c) and 201–39.1501–2

paragraph (c) are revised to increase the

thresholds below which certain factors

need not be considered in determining

the lowest bid or total proposed cost,

respectively. In determining the lowest

bid in a sealed bidding acquisition,

§ 201–39.1402–1 requires agencies to

factor in costs pertaining to life cycle

support and conversion. In determining

the total cost of a proposal in a

negotiated acquisition, § 201–39.1501–1

requires agencies to factor in costs

pertaining to life cycle support and

conversion. These thresholds are

increased from $300,000 to $1,000,000

in order to give agencies greater

discretion in managing their

acquisitions. For the same reason, the

‘‘per item’’ thresholds are increased

from $25,000 to $100,000.

(ii) Subpart 201–39.46 is amended to

delete provisions that are more

adequately addressed in FAR Subpart

46. This subpart addresses quality

assurance and provides guidance

limiting contractor liability in contracts

for FIP resources. Unless circumstances

warrant otherwise, contracting officers

are instructed to insert a limitation of

liability clause found at § 201–39.5206.

FAR Subpart 46 also provides guidance

on limitation of contractor liability. The

FAR’s guidance is more comprehensive

and flexible than is the FIRMR’s. The

FAR provides multiple contractual

clauses from which a contracting officer

must choose. One clause applies to

contracts for the delivery of non-high

value end items, a second to the

delivery of high-value end items, and a

third to the provision of services.

Contracting officers are instructed to

combine relevant parts of each clause

for contracts involving more than one of

these categories. Accordingly, the

FIRMR provision and clause found at

section 201–39.5202–6 are removed so

that the corresponding FAR provision

will apply.

(2) This rule was submitted to, and

reviewed by, the Office of Management

and Budget in accordance with

Executive Order 12866, Regulatory

Planning and Review. This rule will not

have a significant economic impact

upon a substantial number of small

entities under the Regulatory Flexibility

Act of 1980 (5 U.S.C. 601, et seq.). GSA

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866 of October 4,

1993, because it is not likely to result in

any of the impacts noted in Executive

Order 12866, affect the rights of

specified individuals, or raise issues

arising from the policies of the

Administration. GSA has based all

administrative decisions underlying this

rule on adequate information

concerning the need for and

consequences of this rule; has

determined that the potential benefits to

society from this rule outweigh the

potential costs; has maximized the net

benefits; and has chosen the alternative

approach involving the least net cost to

society.

List of Subjects in 41 CFR Parts 201–1,

201–2, 201–3, 201–4, 201–6, 201–7, 201–

17, 201–18, 201–20, 201–21, 201–22,

201–24, and 201–39

Archives and records, Computer

technology, Telecommunications,

Government procurement, Property

management, Records management, and

Federal information processing

resources activities.

Accordingly 41 CFR parts 201–1, 201–

2, 201–3, 201–4, 201–6, 201–7, 201–17,

201–18, 201–20, 201–21, 201–22, 201–

24, and 201–39 are amended as follows:

PART 201–1—APPLICABILITY AND

AUTHORITY

1. The authority citation for part 201–

1 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

§ 201–1.003 [Amended]

2. Section 201–1.003 is amended by

removing the word ‘‘system’’ in

paragraph (a) and removing paragraph

(d).

PART 201–2—DESIGNATED SENIOR

OFFICIALS

3. The authority citation for part 201–

2 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

4. Section 201–2.001 is revised to read

as follows:

§ 201–2.001 General.

The PRA requires that the head of

each executive agency designate a

senior official who shall report directly

to the agency head. The designated

official is responsible for carrying out

the IRM function assigned to the agency

by the PRA.

§ 201–2.002 [Amended]

5. Section 201–2.002 is amended by

redesignating paragraphs (a), (b), and (c)

as paragraphs (c), (a), and (b)

respectively.

§ 201–2.003 [Amended]

6. Section 201–2.003 is amended by

removing the words ‘‘18th and F Streets,

NW.,’’ in paragraph (a).

PART 201–3—THE FIRMR

7. Part 201–3 is amended by revising

the heading to read as set forth above.

8. The authority citation for part 201–

3 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

9. Section 201–3.000 is revised to read

as follows:

§ 201–3.000 Scope of part.

This part describes the Federal

Information Resources Management

Regulation.

10. Section 201–3.001 is revised to

read as follows:

§ 201–3.001 General.

(a) The Federal Information Resources

Management Regulation (FIRMR) is

codified in the Code of Federal

Regulations (CFR) and includes interim

rules which have the same effect as final

rules.

(b) From time to time, the General

Services Administration (GSA) will

issue nonregulatory publications to

provide guidance and information:

(1) FIRMR bulletins contain guidance

and information on various information

resources management areas. FIRMR

bulletins do not constitute binding

authority, but should be used as an aid

in understanding GSA programs and the

FIRMR. FIRMR bulletins are published

in Appendix B of the looseleaf edition

of the FIRMR and are available along

with the FIRMR from GPO by

subscription or on GSA’s CD-ROM.

(2) Handbooks and reports address

specific program or technical areas

where the audience generally will be

defined by the subject matter.

(3) Appendix C of the looseleaf

edition of the FIRMR contains a listing

of current bulletins, handbooks, and

reports and information on how to

obtain them.

§ 201–3.101 [Amended]

11. Section 201–3.101, is amended by

removing the word ‘‘system’’.

12. Section 201–3.201 is amended by

revising paragraph (d) to read as

follows:

§ 201–3.201 Issuance.

* * * * *

(d) The FIRMR is issued as chapter

201 of title 41, CFR.

13. Section 201–3.203 is amended by

revising paragraph (c) to read as follows:

§ 201–3.203 Maintenance.

* * * * *
14 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

(c) The Administrator of General

Services may issue an interim rule to

the FIRMR when solicitation of

comments is impractical due to urgent

and compelling circumstances (e.g.,

when a new statute must be

implemented in a relatively short period

of time). However, the interim rule will

make provision for a public comment

period of at least 30 days for

consideration in the formulation of the

final change to the FIRMR.

§ 201–3.204 [Amended]

14. Section 201–3.204 is amended by

removing the phone number ‘‘275–

2091’’ in paragraph (a) and adding in its

place ‘‘512–0132’’.

Subpart 201–3.3—[Removed and

Reserved]

15. Subpart 201–3.3 is removed and

reserved.

PART 201–4—DEFINITIONS,

ACRONYMS AND OMB CIRCULARS

16. The heading for part 201–4 is

revised as set forth above.

17. The authority citation for Part

201–4 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

18. Section 201–4.000 is revised to

read as follows:

§ 201–4.000 Scope of part.

This part defines words, terms,

acronyms, and OMB Circulars used in

the FIRMR.

§ 201–4.001 [Amended]

19. Section 201–4.001 is amended in

the definition Information resources

management by adding ‘‘(IRM)’’

preceding the word ‘‘means’’.

20. Section 201–4.001 is amended by

removing the word ‘‘eight’’ in the

definition Outdated FIP equipment and

adding in its place ‘‘six’’.

21. Section 201–4.001 is amended by

adding a new definition in alphabetical

order to read as follows:

§ 201–4.001 Definitions.

* * * * *

Records management means the

planning, controlling, directing,

organizing, training, promoting, and

other managerial activities involved

with records creation, records

maintenance and use, and records

disposition in order to achieve adequate

and proper documentation of the

policies and transactions of the Federal

Government and effective and

economical management of agency

operations (44 U.S.C. 2901(2)).

* * * * *

22. Section 201–4.001 is amended by

removing the undesignated center

heading ‘‘Software’’, adding a definition

for Software in its place, designating

entries Application software and

Common-use software as paragraphs (a)

and (b) under the definition for

Software, to read as follows:

* * * * *

Software includes—

(a) Application software * * *

(b) Common-use software * * *

* * * * *

23. Section 201–4.002 is amended by

adding in alphabetical order new

acronyms and by placing the acronyms

‘‘GSA’’ and ‘‘GPO’’ in alphabetical order

to read as follows:

§ 201–4.002 Acronyms.

* * * * *

CBD means Commerce Business

Daily.

* * * * *

FED-STD means Federal

Telecommunications Standards.

* * * * *

FSTS means Federal Secure

Telephone Service.

* * * * *

GAO means General Accounting

Office.

* * * * *

GSBCA means General Services Board

of Contract Appeals.

* * * * *

IRPMR means Information Resources

Procurement and Management Review.

* * * * *

MOL means Maximum Ordering

Limitation.

* * * * *

OAC means Original Acquisition

Cost.

* * * * *

POTS means Purchase of Telephones

and Services.

* * * * *

24. Section 201–4.003 is added to

read as follows:

§ 201–4.003 Applicable OMB Circulars.

The following applicable OMB

Circulars may be obtained from the

OMB Publications office by calling (202)

395–7332:

A–11 Preparation and submission of budget

estimates.

A–94 Benefit-cost analysis of Federal

programs; guidelines and discounts.

A–109 Major system acquisition.

A–127 Financial management systems.

A–130 Management of Federal information

resources.

PART 201–6—PREDOMINANT

CONSIDERATIONS

25. The authority citation for part

201–6 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

26. Section 201–6.001 is amended by

revising paragraphs (a)(3) and (a)(5) and

adding paragraph (a)(6) to read as

follows:

§ 201–6.001 General.

(a) * * *

(3) Maximize the usefulness of

information collected, maintained, and

disseminated by the Federal

Government;

* * * * *

(5) Ensure that FIP resources are

acquired and used by the Federal

Government in a manner which

improves service delivery and program

management, increases productivity,

improves the quality of decisionmaking,

reduces waste and fraud, and reduces

the information collection burden on

the public; and

(6) Ensure that the collection,

maintenance, use, and dissemination of

information by the Federal Government

is consistent with applicable laws,

regulations, and executive orders.

* * * * *

27. Section 201–6.002 is amended by

redesignating paragraphs (g) through (m)

as paragraphs (h) through (n),

respectively, and adding a new

paragraph (g) to read as follows:

§ 201–6.002 Predominant considerations.

* * * * *

(g) Ensure that individuals with

disabilities can produce information

and data, and have access to

information and data, comparable to the

information and data, and access,

respectively, of other individuals;

* * * * *

PART 201–7—PLANNING

28. The authority citation for part

201–7 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

29. Section 201–7.001 is amended by

revising the first sentence of paragraph

(b) to read as follows:

§ 201–7.001 General.

* * * * *

(b) The Paperwork Reduction Act (44

U.S.C. Chapter 35) OMB Circular No. A–

11, and No. A–130, and the Computer

Security Act of 1987 (Public Law 100–

235, 101 Stat. 1724 (40 U.S.C. 759 note))

require agencies to conduct various

information resources management

(IRM) planning activities. * * *

* * * * *
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 15

30. Section 201–7.002 is amended by

revising paragraph (c) to read as follows:

§ 201–7.002 Policies.

* * * * *

(c) Ensure that the agency’s

information needs are documented on a

timely basis, for example when

conducting a requirements analysis for

FIP resources.

PART 201–17—PREDOMINANT

CONSIDERATIONS

31. The authority citation for part

201–17 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

32. Section 201–17.001 is amended by

revising paragraph (j) to read as follows:

§ 201–17.001 Predominant considerations.

* * * * *

(j) Provide individuals with

disabilities (employees and others who

create and/or use the agency’s

information and data) the ability to

produce information and data, and have

access to information and data,

comparable to the information and data

produced and accessed by other

individuals;

* * * * *

PART 201–18—PLANNING AND

BUDGETING

33. The authority citation for part

201–18 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

34. Section 201–18.001 is amended by

revising paragraph (e) to read as follows:

§ 201–18.001 General.

* * * * *

(e) Section 508 of the Rehabilitation

Act Amendment of 1992 (Pub L. 102–

569, 29 U.S.C. 794d) requires the

Federal Government to adopt guidelines

for information and data accessibility

designed to ensure that individuals with

disabilities can produce information

and data, and have access to

information and data, comparable to

information and data, and access,

respectively, of other individuals. This

Act requires that agencies comply with

such guidelines. FIRMR Bulletin C–8,

provides guidance on planning for FIP

resources to accommodate the needs of

individuals with disabilities.

* * * * *

35. Section 201–18.002 is amended by

revising paragraph (c) to read as follows:

§ 201–18.002 Policies.

* * * * *

(c) Agencies shall adopt information

and data accessibility guidelines similar

to those described in FIRMR Bulletin C–

8 in their planning process.

* * * * *

PART 201–20—ACQUISITION

36. The authority citation for part

201–20 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

§ 201–20.001 [Amended]

37. Section 201–20.001 is amended by

removing paragraph (d).

38. Section 201–20.102 is revised to

read as follows:

§ 201–20.102 Policy.

Agencies shall establish and

document requirements for FIP

resources by conducting a requirements

analysis, or similar study,

commensurate with the size and

complexity of the need except for those

acquisitions when the total dollar value

of the FIP resources, including all

optional quantities and periods over the

life of the contract, does not exceed

$500,000. A requirements analysis shall

not be performed when the value of the

FIP resources does not exceed the

$500,000 threshold. An agency may

follow its own internal procedure for

documenting requirements valued at

less than $500,000. Agencies shall

justify all requirements for other than

full and open competition in accordance

with FAR Part 6 whether or not a

requirements analysis is performed.

39. Section 201–20.103 is revised to

read as follows:

§ 201–20.103 Procedures.

Agencies shall consider the factors in

§§ 201–20.103–1 through 201–20.103–

11 in establishing requirements, as

applicable.

40. Section 201–20.103–7 is amended

by revising paragraph (a) to read as

follows:

§ 201–20.103–7 Accessibility requirements

for individuals with disabilities.

(a) Agencies shall acquire FIP

resources that allow individuals with

disabilities to produce information and

data, and have access to information

and data, comparable to the information

and data, and access, respectively, of

other individuals. Agency plans shall

address both present and future needs.

* * * * *

41. Section 201–20.202 is revised to

read as follows:

§ 201–20.202 Policy.

Using the results of the requirements

analysis as the basis, agencies shall

conduct an analysis of alternatives

commensurate with the size and

complexity of the requirement to

identify the most advantageous

alternative to the Government. The

number of alternatives analyzed should

be limited to those considered the most

feasible to be implemented. Agencies

shall not conduct analyses of

alternatives for those acquisitions where

the total dollar value of the FIP

resources, including all optional

quantities and periods over the life of

the contract, does not exceed $500,000.

Agencies shall instead follow their own

internal procedures to identify the most

advantageous alternative.

42. Section 201–20.203–2 is revised to

read as follows:

§ 201–20.203–2 Cost for each alternative.

(a) In the analysis of alternatives,

agencies shall calculate the total

estimated cost, using the present value

of money, for each of the most feasible

alternatives unless the anticipated cost

of the acquisition is $1,000,000 or less.

The total estimated cost for each

alternative shall include system life cost

for that alternative and any other costs

that can be identified with the

alternative incurred either before or

after the system life period.

(b) When the anticipated cost of the

acquisition is $1,000,000 or less, the

analysis may be limited to

demonstrating that the benefits of the

acquisition will outweigh the costs.

(c) Agencies shall follow guidance in

OMB Circular No. A–94, when

calculating the cost of each alternative.

43. Section 201–20.303 is amended by

revising paragraph (d)(2) to read as

follows:

§ 201–20.303 Standards.

* * * * *

(d) * * *

(2) Exceptions. An agency head may

grant an exception to the mandatory use

of a FED-STD upon receipt of adequate

documentation. If an agency head grants

an exception to the use of an individual

FED-STD, a deviation from the FIRMR

is not required. However, GSA must be

notified at least 30 days prior to issuing

a solicitation for which an exception has

been granted. Notification shall be sent

to: General Services Administration,

Office of Technology Policy and

Leadership (KAR), 18th & F Streets,

NW., Washington, DC 20405.

44. Section 201–20.304 is amended by

removing paragraph (b)(1), redesignating

paragraph (b)(2) as paragraph (b)(1),

revising paragraph (a) and adding new

paragraph (b)(2) to read as follows:

§ 201–20.304 Capability and performance

validation.

(a) Policy. When acquiring FIP

resources, an agency shall use the most
16 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

economical technique available to

provide reasonable assurance that

capability and performance

requirements are met.

(b) * * *

(2) When a benchmark is used as part

of performance validation, agencies

shall ensure that the FIP software

selected for the benchmark is

representative of the requirements and

requires the minimum amount of

reprogramming or conversion.

45. Section 201–20.305 is amended by

adding paragraph (b)(5) to read as

follows:

§ 201–20.305 Delegation of GSA’s

exclusive procurement authority.

* * * * *

(b) * * *

(5) If an agency awards a contract that

requires a DPA from GSA but a DPA has

not been obtained from GSA, the agency

may request authority from GSA’s Office

of Technology Policy and Leadership

(KAA) to ratify the contract in

accordance with FAR 1.602–3 (48 CFR

1.602–3). Procurement actions taken by

the agency prior to receiving the

authority do not need to be repeated.

46. Section 201–20.305–3 is revised to

read as follows:

§ 201–20.305–3 Specific acquisition

delegations.

(a) Agencies shall submit an agency

procurement request (APR) to GSA and

receive a specific acquisition DPA if the

acquisition is not covered by a

regulatory or specific agency DPA.

Procedures for requesting a DPA for a

specific acquisition are provided in

FIRMR Bulletin C–5.

(b) GSA may require agencies to

submit post delegation information such

as contract award, milestone schedules,

contract costs, program performance

measures, and technology costs.

PART 201–21—OPERATIONS

47. The authority citation for part

201–21 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

§ 201–21.201 [Amended]

48. Section 201–21.201 is amended by

removing the words ‘‘Federal

Equipment Data Center (WKHE)’’ in

paragraph (b) and adding in their place

‘‘Federal Data Systems Division

(WKH)’’.

§ 201–21.301 [Amended]

49. Section 201–21.301 is amended by

removing the words ‘‘Appendix III to’’

in paragraph (a).

§ 201–21.303 [Amended]

50. Section 201–21.303 is amended by

removing the words ‘‘Appendix III’’ in

paragraph (d).

51. Section 201–21.401 is amended by

revising paragraph (c) to read as follows:

§ 201–21.401 General.

* * * * *

(c) OMB Circular No. A–130,

establishes Governmentwide procedures

for cost accounting and recovery for

shared resources.

§ 201–21.403 [Amended]

52. Section 201–21.403 is amended by

removing the date ‘‘November 30’’ in

paragraph (a)(2)(ii) and adding in its

place ‘‘October 20’’.

§ 201–21.601 [Amended]

53. Section 201–21.601 is amended by

removing the CFR cite ‘‘5 CFR 735.205’’

in paragraph (c)(3) introductory text and

adding in its place ‘‘5 CFR 2635.704’’.

54. Section 201–21.603 is amended by

revising paragraphs (d)(1) and (d)(2),

removing paragraph (d)(3),

redesignating paragraphs (d)(4) and

(d)(5) as paragraphs (d)(3) and (d)(4),

respectively, and removing paragraph

(d)(6), to read as follows:

§ 201–21.603 Listening-in to or recording

telephone conversations.

* * * * *

(d) Procedures. (1) Agencies that plan

to listen-in to or record telephone

conversations under paragraph (c)(2),

(3), or (4) of this section shall prepare

a determination of need. A

determination as used in this section

means a written justification signed by

the agency head or the agency head’s

designee, that specifies the operational

need for listening-in to or recording

telephone conversations; indicates the

specific system and location where

monitoring is to be performed; lists the

number of telephones or recorders

involved; and establishes operating

times and an expiration date for the

monitoring.

(2) Agencies shall review, at least

every 2 years, the need for each

determination authorizing listening-in

or recording. Agency documentation to

continue or terminate the program shall

be maintained in agency files.

* * * * *

§ 201–21.604 [Removed]

55. Section 201–21.604 is removed.

PART 201–22—REVIEW AND

EVALUATION

56. The authority citation for part

201–22 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

57. Section 201–22.303 is revised to

read as follows:

§ 201–22.303 Procedures.

(a) Agencies shall evaluate their

existing outdated and/or obsolescent

FIP resources to determine whether the

cost of operating them is greater than

the cost of acquiring and operating

technologically newer resources. FIRMR

Bulletin C–27 provides guidance that

can be used for identifying obsolescent

equipment.

(b) When the cost of operating

existing outdated and/or obsolescent

FIP resources is greater than the cost of

acquiring and operating technologically

newer resources, agencies shall replace

the existing less cost effective resources.

PART 201–24—GSA SERVICES AND

ASSISTANCE

58. The authority citation for part

201–24 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

§ 201–24.001 [Amended]

59. Section 201–24.001 is amended by

removing paragraph (g).

PART 201–39—ACQUISITION OF

FEDERAL INFORMATION

PROCESSING (FIP) RESOURCES BY

CONTRACTING

60. The authority citation for part

201–39 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

61. The heading of subpart 201–39.1

is amended by removing the word

‘‘System’’.

62. Section 201–39.001 is revised to

read as follows:

§ 201–39.001 General.

(a) In addition to this part 201–39,

contracting officers should review and

be familiar with the policies and

procedures contained in the complete

FIRMR, for example, parts 201–20 and

201–24 of this chapter.

(b) To assist Federal agencies in

preparing solicitations for FIP resources,

the General Services Administration

(GSA) prepares standard solicitations

and other guidance. Federal agencies

can obtain copies of the standard

solicitations by contacting: U.S.

Government Printing Office, Attn:

Electronic Products, P.O. Box 37082,

Washington, DC 20013–7082,

Telephone number: (202) 512–1530,

Facsimile number: (202) 512–1262. For

information on obtaining acquisition

guides contact the Federal IT Reference

Center at (202) 501–4860.
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 17

§ 201–39.201 [Amended]

63. Section 201–39.201 is amended by

removing the word ‘‘eight’’ in the

definition Outdated FIP equipment, and

adding in its place the word ‘‘six’’.

§ 201–39.1001–1 [Amended]

64. Section 201–39.1001–1 is

amended by removing the numbers

‘‘88–16’’ in paragraph (i), and adding in

their place ‘‘90–08’’.

§ 201–39.1402–2 [Amended]

65. Section 201–39.1402–2 is

amended by removing the number

‘‘$25,000’’ in paragraph (b) and adding

in its place ‘‘$100,000’’, and also by

removing the number ‘‘$300,000’’ in

paragraph (c) and adding in its place

‘‘$1,000,000’’.

§ 201–39.1501–2 [Amended]

66. Section 201–39.1501–2 is

amended by removing the number

‘‘$25,000’’ in paragraph (b) and adding

in its place ‘‘$100,000’’, and also by

removing the number ‘‘$300,000’’ in

paragraph (c) and adding in its place

‘‘$1,000,000’’.

Subpart 201–39.46—[Removed and

Reserved]

67. Subpart 201–39.46 is removed and

reserved.

§ 201–39.5202–6 [Removed and Reserved]

68. Section 201–39.5202–6 is removed

and reserved.

Dated: October 27, 1995.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 95–31544 Filed 12–29–95; 8:45 am]

BILLING CODE 6820–25–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 227

[I.D. 101995A]

Endangered and Threatened Wildlife;

Status Reviews of Listed Sea Turtles

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability.

SUMMARY: NMFS and the Fish and

Wildlife Service (FWS), Department of

the Interior (collectively, the Services),

announce the availability of the status

reviews of endangered and threatened

sea turtles, as required by the

Endangered Species Act of 1973 (ESA).

Based upon these reviews and any

written comments received, the Services

may consider changes in the listing

status for the olive ridley (Lepidochelys

olivacea) sea turtle. The status review

for the green (Chelonia mydas) sea turtle

is currently under Service evaluation

and is not available with this notice.

Upon completion of their evaluation,

the Services will make the green sea

turtle status review available under

separate notice in the Federal Register.

DATES: February 1, 1996.

ADDRESSES: Requests for copies of the

status reviews may be submitted to the

Chief, Endangered Species Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT:

Phil Williams, 301–713–1401, or

Richard Byles, 505–248–6647.

SUPPLEMENTARY INFORMATION:

Background

The ESA is administered jointly by

the Services. NMFS has jurisdiction

over species in the marine system while

FWS has jurisdiction elsewhere. Listed

endangered and threatened species

under NMFS jurisdiction are

enumerated in 50 CFR 222.23(a) and 50

CFR 227.4, respectively. The List of

Endangered and Threatened Wildlife

(List) which contains species under the

jurisdiction of both Services, is found in

50 CFR part 17.

Pursuant to a Memorandum of

Agreement between the two Services,

the jurisdiction over listed sea turtles is

shared: FWS has responsibility for sea

turtles primarily in the terrestrial

environment, while NMFS has

responsibility for sea turtles primarily in

the marine environment. Presently, all

sea turtle species found in the United

States are listed as follows: Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered; loggerhead

(Caretta caretta), green (Chelonia

mydas), and olive ridley (Lepidochelys

olivacea) turtles are listed as threatened,

except for breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, and breeding

populations of olive ridleys on the

Pacific coast of Mexico, which are listed

as endangered.

Section 4(c)(2) of the ESA requires

that, at least once every 5 years, a

review of the species on the List be

conducted to determine whether any

species should be (1) removed from the

List, (2) changed in status from an

endangered species to a threatened

species, or (3) changed in status from a

threatened species to an endangered

species. Criteria for determining a

reclassification are found at 50 CFR

424.11(c).

The status reviews of sea turtles listed

under the ESA are available (see

ADDRESSES). Based upon the status

reviews, the Services are considering

the following listing change.

Olive Ridley Turtles. The western

North Atlantic population would be

classified as endangered, rather than

threatened. This reclassification was

first considered in a notice published on

November 9, 1984 (49 FR 44775), at

which time the western North Atlantic

(Surinam and adjacent areas) nesting

population was reported to have

declined 80 percent since 1967. This

rate of decline continues despite over 2

decades of protection by personnel from

the Surinam Nature Protection

Foundation. This area is heavily trawled

for shrimp, and trawlers have been the

principal source of returned tags that

had been applied to nesting females on

the local beaches. Consequently,

incidental capture in trawls is a likely

cause of the progressive depletion of

this population. Pursuant to Public Law

101–162, the importation of shrimp and

shrimp products from Surinam and

French Guiana was banned in 1993

because those countries failed to

demonstrate that they had adopted a

regulatory program that governed the

incidental taking of sea turtles

comparable to that of the United States.

During an annual review in May 1995,

shrimp imports were again embargoed

from both countries due to their lack of

turtle excluder device use. The

incidental capture of turtles in trawls is

a major concern in this area.

Dated: December 22, 1995.

Ann D. Terbush,

Acting Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 95–31540 Filed 12–29–95; 8:45 am]

BILLING CODE 3510–22–M

50 CFR Part 641

[Docket No. 951221305–5305–01; I.D.

112995A]

Reef Fish Fishery of the Gulf of

Mexico; 1996 Red Snapper Season

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule.

SUMMARY: NMFS issues this emergency

interim rule at the request of the Gulf of

Mexico Fishery Management Council