10508 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

Conditional approvals of SIP

submittals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing.

If the conditional approval is

converted to a disapproval under

section 110(k), based on the State’s

failure to meet the commitment, it will

not affect any existing state

requirements applicable to small

entities. Federal disapproval of the state

submittal does not affect its stateenforceability. Moreover, EPA’s

disapproval of the submittal does not

impose a new Federal requirement.

Therefore, EPA certifies that this

disapproval action does not have a

significant impact on a substantial

number of small entities because it does

not remove existing state requirements

nor does it substitute a new Federal

requirement.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: January 9, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart RR—Tennessee

2. Section 52.2219 is revised to read

as follows:

§ 52.2219 Identification of plan—

conditional approval.

(a) EPA is conditionally approving the

following revisions to the Tennessee SIP

contingent on the State of Tennessee

meeting the schedule to correct

deficiencies associated with the

following rules which was committed to

in letters dated October 7, 1994, and

December 16, 1994, from the State of

Tennessee to EPA Region IV.

(1) Rule 1200–3–18–.01 Definitions:

Subparagraph (1), the definition of ‘‘volatile

organic compound,’’ effective April 22, 1993.

(2) Rule 1200–3–18–.02 General

Provisions and Applicability: Paragraph (8)

effective April 22, 1993.

(3) Rule 1200–3–18–.06 Handling,

Storage and Disposal of Volatile Organic

Compounds (VOC’s): Paragraph (1) effective

April 22, 1993.

(4) Rule 1200–3–18–.39 Manufacture of

High-Density Polyethylene, Polypropylene,

and Polystyrene Resins: Subparagraph

(5)(a)(2) effective April 22, 1993.

(5) Rule 1200–3–18–.86 Performance

Specifications for Continuous Emission

Monitoring of Total Hydrocarbons:

Subparagraph (11)(c) effective April 22, 1993.

(b) [Reserved]

(c) [Reserved]

3. Section 52.2220 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(123) A revised chapter 1200–3–18

‘‘Volatile Organic Compounds’’ was

submitted by the Tennessee Department

of Air Pollution Control (TDAPC) to

EPA on May 18, 1993, to replace the

current chapter 1200–3–18 in the

Tennessee SIP. This chapter had been

revised to meet the requirements of the

1990 Clean Air Act Amendments

commonly referred to as the ‘‘VOC

RACT Catch-Up’’ requirements. Rule

1200–3–18–.28 ‘‘Perchloroethylene Dry

Cleaners’’ which was federally approved

in 59 FR 18310 on April 18, 1994, will

remain effective.

(i) Incorporation by reference.

(A) Revisions to the State of

Tennessee regulations which were

effective on April 22, 1993.

(1) Chapter 1200–3–18 ‘‘Volatile

Organic Compounds,’’ except for

subchapter 1200–3–18–.24,

subparagraph 1200–3–18–.03 (2)(b),

subparagraph 1200–3–18–.20

(1)(b)(2)(vii), and subparagraphs 1200–

3–18–.79 (1)(a)(3), (1)(c), and (1)(d).

(ii) Other material. None.

* * * * *

4. Section 52.2225 is amended by

revising paragraph (b) to read as follows:

§ 52.2225 VOC rule deficiency correction.

* * * * *

(b) Revisions to chapter 1200–3–18

‘‘Volatile Organic Compounds’’ were

submitted by Tennessee on May 18,

1993, to meet the requirements added

by the 1990 Clean Air Act Amendments

(CAAA) commonly referred to as the

‘‘VOC RACT Catch-up ‘‘ requirements.

The following deficiencies remain in

Tennessee chapter 1200–3–18 and must

be corrected.

(1) Rule 1200–3–18–.01 (1): The definition

of ‘‘volatile organic compound’’ must be

revised to delete perchloroethylene from the

list of compounds that have negligible

photochemical reactivity.

(2) Rule 1200–3–18–.02 (8): Tennessee

must revise this paragraph to provide that an

official of the company certify the reports

instead of the owner or operator. This

paragraph must also be amended to require

NOX emissions to be reported.

(3) Rule 1200–3–18–.06 (1): The term

‘‘minimum reasonably attainable’’ must be

explained or defined.

(4) Rule 1200–3–18–.33: This rule for the

manufacture of synthesized pharmaceutical

products has been amended by the State

since the official submittal. The State of

Tennessee has committed to submit the

revised rule to EPA by January 1, 1996.

(5) Rule 1200–3–18–.38: This rule for leaks

from synthetic organic chemical, polymer,

and resin manufacturing equipment sets the

level of concentration of pure component at

20%. This level must be changed to 10%.

(6) Rules 1200–3–18–.39 (5)(a)(2) and

1200–3–18–.86 (11)(c): The conversion

factors must be corrected.

* * * * *

[FR Doc. 95–4539 Filed 2–24–95; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 201–39

[FIRMR Amendment 4]

RIN 3090–AF17

Amendment of FIRMR To Remove

Provisions for Using GSA

Nonmandatory Schedule Contracts for

FIP Resources

AGENCY: Information Technology

Service, GSA.

ACTION: Final rule.

SUMMARY: This rule revises Federal

Information Resources Management

Regulation (FIRMR) provisions

regarding Federal Information

Processing (FIP) multiple award

schedule (MAS) contract orders.

Specifically, the rule removes the

requirement to synopsize orders in

excess of $50,000 placed against MAS

contracts and incorporates the new

guiding principles for FIP MAS orders,

including a $2,500 ‘‘micro-purchase’’

threshold. The micro-purchase

procedures will speed up the

acquisition process for low dollar, low

risk FIP acquisitions. These changes are

examples of GSA’s ongoing efforts to

improve the MAS program and

streamline the procurement process.

GSA strongly encourages agencies to use

the schedules program as a proven

method to purchase commercial goods

in a manner that is both time and cost

effective.
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10509

DATES: This rule is effective March 29,

1995.

FOR FURTHER INFORMATION CONTACT: Judy

Steele, FTS/Commercial (202) 501–3194

(v) or (202) 501–0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) A

notice of proposed rulemaking was

published in the Federal Register on

February 23, 1994. This notice removed

all provisions for using GSA

nonmandatory schedule contracts for

FIP resources from the FIRMR. Thirtyfour (34) comments were received on

the proposed rule. All comments were

considered, and, where possible,

incorporated into the final rule. For

example, several respondents requested

that the FIP MAS procedures remain in

the FIRMR to ensure that all ordering

activities and schedule vendors would

know where to find them. Respondents

also suggested incorporation of the MAS

‘‘guiding principles’’ into the FIRMR

procedures. This rule has been revised

to reflect their concerns.

(2) To address recurring issues of

concern to GSA customer agencies, the

General Accounting Office (GAO), and

MAS contractors, GSA initiated a MAS

Improvement Project in October 1990.

GSA prepared a uniform set of ‘‘guiding

principles’’ to simplify and expedite the

ordering process for all types of MAS

buys. According to a recent GAO report,

agencies state that a reason for failing to

comply with the MAS ordering

procedures is that it is too timeconsuming and difficult. One major

objective of the MAS Improvement

Project consistent with those concerns

was to streamline and unify the

procedures for ordering products and

services provided under the MAS

program. In line with this objective, this

rule removes the FIRMR requirement

that agencies synopsize orders valued at

$50,000 or higher that are placed against

FIP MAS contracts. Since the FIP MAS

contracts are now indefinite delivery/

indefinite quantity contracts, there is no

longer a legal requirement to synopsize

these orders.

GAO has also previously suggested

that the ordering procedures for low

dollar value items be less stringent than

the procedures which apply to high

dollar value orders. A micropurchase

threshold of $2,500 is incorporated in

the guiding principles which will

alleviate that situation. Below the

$2,500 threshold, agencies are allowed

to place an order to any FIP schedule

contractor without seeking competition.

Above $2,500, agencies must consider

reasonably available information about

products offered under MAS contracts

to ensure that the selection meets the

agency’s needs at the lowest overall

cost. The guiding principles also reflect

that MAS contractors no longer are

required to pass on a price reduction

extended to only one agency for a

specific order to all MAS users. This

rule incorporates GSA’s guiding

principles for MAS acquisitions.

(3) Explanation of the specific

changes being made by this issuance are

shown below:

(a) Subpart 201–39.5 is removed to

delete the synopsizing requirements

related to the FIP MAS contracts.

(b) Section 201–39.601–2 is removed

since synopsizing is no longer required.

(c) Section 201–39.803–3 is revised to

add the MAS ‘‘guiding principles’’

which streamline and simplify the

procedures for using the FIP MAS

contracts.

(d) The FIRMR Index reference is

revised to change the phrase ‘‘GSA

nonmandatory schedule contract’’ to

‘‘GSA nonmandatory FIP schedule

contract’’ to differentiate the FIP MAS

contracts from the newly nonmandatory

FSS MAS contract programs.

(4) This rule was submitted to, and

approved by, the Office of Management

and Budget in accordance with

Executive Order 12866, Regulatory

Planning and Review. The rule will not

have a significant economic impact on

a substantial number of small entities

under the Regulatory Flexibility Act

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

(5) The Paperwork Reduction Act

does not apply because the FIRMR

changes do not impose recordkeeping

information collection requirements or

collection of information from offerors,

contractors, or members of the public

which require the approval of OMB

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

List of Subjects in 41 CFR Part 201–39

Archives and records, Computer

technology, Federal information

processing resources activities,

Government procurement, Property

management, Records management, and

Telecommunications.

For the reasons set forth in the

preamble, GSA is amending 41 CFR Part

201 as follows:

PART 201–39—ACQUISITION OF

FEDERAL INFORMATION

PROCESSING (FIP) RESOURCES BY

CONTRACTING

1. The authority citation for part 201–

39 continues to read as follows:

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

Subpart 201–39.5—[Reserved]

2. Subpart 201–39.5 is removed and

reserved.

§ 201–39.601–2 [Removed and reserved]

3. Section 201–39.601–2 is removed

and reserved.

4. Section 201–39.803–3 is revised to

read as follows:

§ 201–39.803–3 Procedures.

(a) Prior to selecting a GSA

nonmandatory FIP schedule contract

and placing an order, the agency shall

justify any restrictive requirement (e.g.,

an ‘‘all or none’’ requirement or a

requirement for ‘‘only new’’ equipment).

(b) Ordering activities can place

orders of $2,500 or less with any GSA

nonmandatory FIP schedule contractor.

GSA has already determined the prices

of items under these contracts to be fair

and reasonable.

(c) To reasonably ensure that a

selection represents the best value and

meets the agency’s needs at the lowest

overall cost alternative, before placing a

MAS order of more than $2,500, an

ordering activity should—

(1) Consider reasonably available

information about products offered

under Multiple Award Schedule

contracts; this standard is met if the

ordering activity does the following:

(i) Considers products and prices

contained in any GSA MAS automated

information system (e.g., Information

Resources Management—On-line

Schedules System); or

(ii) If automated information is not

available, reviews at least three (3) price

lists.

(2) In selecting the best value item at

the lowest overall cost (the price of the

item plus administrative costs), the

ordering activity may consider such

factors as—

(i) Special features of one item not

provided by comparable items which

are required in effective program

performance;

(ii) Trade-in considerations;

(iii) Probable life of the item selected

as compared with that of a comparable

item;

(iv) Warranty conditions; and

(v) Maintenance availability.

(3) Give preference to the items of

small business concerns when two or

more items at the same delivered price

will meet an ordering activity’s needs.

(d) MAS contractors will not be

required to pass on to all schedule users

a price reduction extended only to an

individual agency for a specific order.

There may be circumstances where an

ordering activity finds it advantageous

to request a price reduction, such as

where the ordering activity finds that a

schedule product is available elsewhere

at a lower price, or where the quantity

of an individual order clearly indicates

the potential for obtaining a reduced

price.
10510 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

(e) Ordering activities should

document orders of $2,500 or less by

identifying the contractor the item was

purchased from, the item purchased,

and the amount paid. For orders over

$2,500, MAS ordering files should be

documented in accordance with internal

agency practices. Agencies are

encouraged to keep documentation to a

minimum.

(f) Requirements or orders shall not be

fragmented in order to circumvent the

applicable MOL.

5. The reference to ‘‘GSA

nonmandatory schedule contract’’ in the

FIRMR Index is revised to ‘‘GSA

nonmandatory FIP schedule contract.’’

Dated: January 19, 1995.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 95–4270 Filed 2–24–95; 8:45 am]

BILLING CODE 6820–25–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7612]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA, Energy.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be

available in the community. However,

some of these communities may adopt

and submit the required documentation

of legally enforceable floodplain

management measures after this rule is

published but prior to the actual

suspension date. These communities

will not be suspended and will continue

their eligibility for the sale of insurance.

A notice withdrawing the suspension of

the communities will be published in

the Federal Register.

In addition, the Federal Emergency

Management Agency has identified the

special flood hazard areas in these

communities by publishing a Flood

Insurance Rate Map (FIRM). The date of

the FIRM if one has been published, is

indicated in the fourth column of the

table. No direct Federal financial

assistance (except assistance pursuant to

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act not in

connection with a flood) may legally be

provided for construction or acquisition

of buildings in the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’s

initial flood insurance map of the

community as having flood-prone areas

(section 202(a) of the Flood Disaster

Protection Act of 1973, 42 U.S.C.

4106(a), as amended). This prohibition

against certain types of Federal

assistance becomes effective for the

communities listed on the date shown

in the last column. The Deputy

Associate Director finds that notice and

public comment under 5 U.S.C. 553(b)

are impracticable and unnecessary

because communities listed in this final

rule have been adequately notified.

Each community receives a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to

the effective suspension date. Since

these notifications have been made, this

final rule may take effect within less

than 30 days.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR part

10, Environmental Considerations. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Deputy Associate Director has

determined that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because the National

Flood Insurance Act of 1968, as

amended, 42 U.S.C. 4022, prohibits

flood insurance coverage unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed no

longer comply with the statutory

requirements, and after the effective

date, flood insurance will no longer be

available in the communities unless

they take remedial action.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Paperwork Reduction Act

This rule does not involve any

collection of information for purposes of

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

October 26, 1987, 3 CFR, 1987 Comp.,

p. 252.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778, October 25, 1991, 56 FR

55195, 3 CFR, 1991 Comp., p. 309.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is

amended as follows: