14378 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

Dated: March 10, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy,

General Services Administration.

[FR Doc. 95–6623 Filed 3–16–95; 8:45 am]

BILLING CODE 6820–34–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 1805

Revision to NASA Supplement

Coverage on Advance Notification of

Significant Procurement Actions

AGENCY: Office of Procurement, Contract

Management Division, National

Aeronautics and Space Administration

(NASA).

ACTION: Final rule.

SUMMARY: NASA is adding a

requirement regarding the notification

to the NASA Administrator of

significant procurement actions. These

actions include contractor selections for

competitive procurements valued at $25

million or more and noncompetitive

contract awards valued at $100 million

or more. The purpose of this notification

process is to ensure that the

Administrator has knowledge of these

actions in case of congressional or

public inquiries.

EFFECTIVE DATE: March 17, 1995.

ADDRESSES: Office of Procurement,

Contract Management Division (Code

HK), NASA Headquarters, 300 E Street

SW, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:

Ms. Deborah O’Neill, (202) 358–0440.

SUPPLEMENTARY INFORMATION:

Background

Advance notification to the NASA

Administrator of large and potentially

sensitive contract actions is necessary to

ensure that the Administrator has

knowledge of these actions in case of

Congressional or public inquiries either

before or immediately after public

announcement of the actions.

Notification must be provided to NASA

Headquarters (Code HS), by facsimile

transmission, at least five (5) work days

prior to the intended public

announcements of contractor selection

and contract award actions. This allows

sufficient time for the information to be

provided to the Administrator within

the Administrator’s normal work flow

system. Field installations are not to

proceed with any announcements until

Code HS has advised that the

Administrator has been notified of the

proposed action and the supporting

information.

Availability of NASA FAR Supplement

The NASA FAR Supplement, of

which this proposed coverage will

become a part, is codified in 48 CFR

chapter 18, and is available in its

entirety on a subscription basis from the

Superintendent of Documents,

Government Printing Office,

Washington, DC 20402. Cite GPO

Subscription Stock Number 933–003–

00000–1. It is not distributed to the

public, whether in whole or in part,

directly by NASA.

Regulatory Flexibility Act

NASA certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Paperwork Reduction Act

This rule does not impose any

information collection subject to 44

U.S.C. chapter 35.

List of Subjects in 48 CFR Part 1805

Government procurement.

Deidre A. Lee,

Associate Administrator for Procurement.

Accordingly, 48 CFR part 1805 is

amended as follows:

1. The authority citation for 48 CFR

part 1805 continues to read as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1805—PUBLICIZING CONTRACT

ACTIONS

1805.303–70 [Added]

2. Sections 1805–303.70 and 1805–

303.71 are redesignated as sections

1805.303–71 and 1805–303.72, and a

new section 1805.303–70 is added to

read as follows:

1805.303–70 Notification of significant

procurement actions.

(a) NASA Headquarters (Code HS)

shall be notified of the following

procurement actions at least five (5)

workdays prior to planned public

announcement of the actions:

(1) Planned announcement of

contractor selection and planned

contract award for competitive

procurements of $25 million or more.

(2) Planned contract award of

noncompetitive awards and new work

modifications of $100 million or more.

(3) Planned award of other

procurement actions at any dollar value

thought to be of significant interest to

Headquarters.

(b) Field installation procurement

officers shall send the information listed

in paragraphs (b) (1) through (10) of this

section to NASA Headquarters (Code

HS) via facsimile transmission (202–

358–4065). Immediately prior to

transmission, Code HS shall be notified

by telephone (202–358–2080) of the

impending transmission so that a person

may immediately receive the

transmission. Code HS will hand-carry

the notification to the Office of the

Administrator (Code A) and provide a

copy to the Associated Administrator

for Procurement (Code H) to limit access

to the information to those persons

authorized to receive such information

as described in 48 CFR (FAR) 1803.104–

5(c). In accordance with 48 CFR (FAR)

3.104–5(c), all pages that include source

selection information shall be marked

with the legend ‘‘SOURCE SELECTION

INFORMATION—SEE FAR 3.104.’’ The

information to be sent is as follows:

(1) Title and a brief nontechnical

description of the work, including

identification of the program or project.

(2) Type of action (whether the action

will result in a new contract or is for

additional work under an existing

contract).

(3) Type of contract (e.g., Firm-FixedPrice or Cost type, including whether

the cost contract is completion or levelof-effort).

(4) The total contract value for the

instant action including all priced

options (for selection notifications, this

would be the successful offeror’s best

and final offer (BAFO) amount and, for

award notifications, the negotiated

value of the contract). Also include the

Government’s most probable cost.

(5) The name, address, and business

size status of the prime contractor and

each major (over $1M) subcontractor.

(6) Small business and small

disadvantaged business subcontracting

goals both in dollars and percentage of

the value of the action including all

options.

(7) Work performance location.

(8) Unusual circumstances (briefly

describe any facts or events that bear

upon this procurement and make it

unusual).

(9) Contacts (names and telephone

numbers of a prime and alternate center

points of contact).

(10) Provide the following

information on a separate piece of paper

attached to the data for paragraphs (b)

(1) through (9) of this section: For

competitive selections only, furnish the

names and addresses of all unsuccessful

offerors and a brief explanation of the

general basis for the selection, noting

that any detailed questions or requests

for more specific information should be

referred to the source selection official.

(c) Field installations are not to

proceed with any announcements until

Code HS has advised that the
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14379

Administrator has been notified of the

proposed action and the supporting

information. Once this advice is

received from Code HS, field

installations should proceed with

established notification to offerors and

press release procedures (See 1805.303–

71 and 1805.303–72).

1805.303–71 [Amended]

3. In the redesignated section

1805.303–71, paragraph (a)(1)(iv) is

amended by deleting the phrase ‘‘and

section 1805.303–70’’.

[FR Doc. 95–6440 Filed 3–16–95; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 192

[Docket No. PS–113; Amendment 192–71A,

195–49A]

RIN 2137–AB44

Operation and Maintenance

Procedures for Pipelines

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final Rule: Response to Petition

for Reconsideration.

SUMMARY: On February 11, 1994, RSPA

issued a final rule amending existing

operation and maintenance (O&M)

procedures for gas pipeline facilities.

The American Gas Association

(Petitioner or A.G.A.) filed a Petition for

Reconsideration (petition) concerning

five provisions of the final rule. After

careful consideration of the petition,

RSPA concludes the petition should be

denied in part, and granted in part.

RSPA is granting those aspects of the

petition that relate to: (1) procedures

required to be included in an operator’s

O&M manual, and (2) the extent of the

requirement to address malfunctions

and other deviations during abnormal

operations.

EFFECTIVE DATE: This final rule takes

effect April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Mike Israni (202) 366–4571, concerning

the contents of this final rule, or the

Dockets Unit, (202) 366–4453, regarding

copies of this final rule or other material

in the docket.

SUPPLEMENTARY INFORMATION:

Background

RSPA promulgated the final rule on

Operations and Maintenance Procedures

for Pipelines (59 FR 6579; February 11,

1994) pursuant to 49 U.S.C. 60101 et

seq. The purpose of the rule is to ensure

that gas pipeline operators maintain

thorough gas pipeline operation and

maintenance (O&M) procedures. Gas

pipeline operators are now required to

include detailed procedures on normal

and abnormal operation, maintenance

and emergency-response activities in

their O&M manual. Gas pipeline

operators are also responsible for

annually reviewing and updating their

O&M manual. Furthermore, both gas

and hazardous liquid pipeline operators

are required to prepare procedures to be

followed to safeguard personnel from

the hazards associated with the unsafe

accumulation of vapor or gas in

excavated trenches. As RSPA explained

in the final rule, these actions will

reduce the likelihood of pipeline

failures, and provide a better basis for

personnel training.

Summary of Petition and Comments on

Petition

In its petition, A.G.A. raised five

issues relating to various aspects of the

final rule, and requested that RSPA

modify or clarify the final rule

accordingly. The following sections

summarize the issues raised in the

petition, and provide RSPA’s response

to each request.

I. Extent of a Gas Pipeline Operator’s

Annual Review of its O&M Manual

Petitioner asserts that the requirement

that an operator review its activities

periodically to determine the

effectiveness of its operation and

maintenance procedures (49 CFR

192.605(b)(8)) coupled with the limited

amount of time estimated to be required

to complete an annual update of an

operator’s procedures supports a change

in 49 CFR 192.605(a). Specifically,

petitioner urges that the annual review

required by section 192.605(a) be

limited to changes needed to address

any new regulatory changes. Petitioner

overstates the burden that an annual

review would place on operators if the

review is not limited to updates because

of regulatory changes. Although the

annual review is not limited to

regulatory changes, § 192.605(a) does

not require an annual line-by-line

review of every procedure contained in

an operator’s manual. Neither does it

require an annual comprehensive

review of an operator’s activities to

determine whether changes to the

operation and maintenance manual are

needed.

The annual review under § 192.605(a)

requires that an operator annually

review its manual, and that deficiencies

identified during periodic reviews of

activities (under § 192.605(b)(8)) are

addressed. While serious deficiencies,

possibly identified following an

accident, may require immediate

correction of operating procedures,

other deficiencies may await an annual

update. Updating of operation and

maintenance procedures on a regular,

established basis makes good business

sense and enhances the safe operation of

the pipeline. Retaining outdated

procedures could confuse an operator’s

personnel as to the appropriate course

of action.

Petitioner stated that 4.4 hours is

insufficient time for one of its member

operators to complete this review. We

agree. The 4.4 hours noted in the

preamble was based on 54,300

operators. The majority (52,000) of these

operators are the master meter

operators, whose plans are expected to

be very simple and will have a minimal

effect. In the justification to support the

Paperwork Reduction Act, RSPA

calculated that the initial burden was

104.3 hours per operator (based on

2,300 operators), excluding master

meter operators. This 104.3 hours

includes 52.2 hours that were already

required by earlier O&M regulations.

The additional 52.1 burden hours

represent a one-time effort to develop

additional O&M procedures that will

affect these 2,300 operators only in the

first year following the publication of

this regulation. After the first year, the

burden hours of all O&M regulations

will return to the annual 52.2 hours per

year per operator. The paper work

justification is filed in the Docket.

Accordingly, Petitioner’s request to

limit the annual review required by

§ 192.605(a) is denied.

II. Procedures Required To Be Included

in an Operator’s O&M Manual

In its petition, A.G.A. asserts that

section 192.605(b) of the final rule

should be clarified to reflect that an

operator must only include procedures

in its manual that are applicable to its

particular pipeline system (49 CFR

192.605(b)). Petitioner believes that as

written, the regulation requires a gas

pipeline operator to include O&M

procedures responsive to all of the

procedural requirements listed under

sections 192.605(b)(1)-(10), regardless of

whether particular regulations are

applicable to an operator’s pipeline

system.

In the final rule, § 192.605(b) requires

that the O&M manual required by

§ 192.605(a) must include certain

specific procedures to provide safety

during maintenance and operations.

Sections 192.605(b)(1)–(10) list ten