[Federal Register: August 23, 1999 (Volume 64, Number 162)] [Rules and Regulations] [Page 45894-45895] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr23au99-17] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Office of Procurement and Property Management 48 CFR Parts 413 and 453 [AGAR Case 96-05] RIN 0599-AA04 Agriculture Acquisition Regulation; Simplified Acquisition Procedures AGENCY: Office of Procurement and Property Management, USDA. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is amending the Agriculture Acquisition Regulation (AGAR) to reorganize part 413, Simplified Acquisition Procedures. USDA is reorganizing part 413 to reflect the reorganization of part 13, Simplified Acquisition Procedures, of the Federal Acquisition Regulation (FAR). This amendment changes the structure, but not the substance, of AGAR part 413. DATES: This rule is effective October 22, 1999 without further action, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before September 22, 1999. If we receive adverse comments, the Office of Procurement and Property Management will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: Please submit any adverse comments, or a notice of intent to submit adverse comments, in writing to U.S. Department of Agriculture, Office of Procurement and Property Management, Procurement Policy Division, Stop 9303, 1400 Independence Avenue SW, Washington, DC 20250- 9303. FOR FURTHER INFORMATION CONTACT: Joseph J. Daragan, (202) 720-5729. SUPPLEMENTARY INFORMATION: I. Background II. Procedural Requirements A. Executive Order Nos. 12866 and 12988 B. Regulatory Flexibility Act C. Paperwork Reduction Act D. Small Business Regulatory Enforcement Fairness Act III. Electronic Access Addresses I. Background The AGAR implements the FAR (48 CFR chapter 1) where further implementation is needed, and supplements the FAR when coverage is needed for subject matter not covered by the FAR. USDA is amending the AGAR to reflect the reorganization of FAR Part 13, Simplified Acquisition Procedures (62 FR 64916, December 9, 1997). In this rulemaking document, USDA is amending the AGAR as a direct final rule, since the changes are non-controversial and unlikely to generate adverse comment. The changes are clerical in nature, and do not affect the public. Rules that an agency believes are noncontroversial and unlikely to result in adverse comment may be published in the Federal Register as direct final rules. The Office of Procurement and Property Management published a policy statement in the Federal Register (63 FR 9158, February 24, 1998) to notify the public of its intent to use direct final rulemaking in appropriate circumstances. This rule makes the following changes to the AGAR: (a) We are revising part 413 to match the numbering structure of FAR part 13 following its revision. We are moving all material in subparts 413.1, 413.4, and 413.5 to a new subpart 413.3, Simplified Acquisition Methods. (b) We are moving section 413.103, Policy, to section 413.301, Governmentwide commercial purchase card. We are not changing the substance of section 413.103. The new section corresponds to revised FAR section 13.301, Governmentwide commercial purchase card. (c) We are removing the material in subpart 413.4, Imprest Fund. This subpart referred users to USDA's Departmental Regulations for additional guidance on the use of imprest funds and third party drafts. USDA is minimizing the use of imprest funds, and no longer uses third party drafts for acquisition or payment. We determined that the material in subpart 413.4 was no longer necessary. (d) We are moving the material in section 413.505, Purchase Order and related forms, to section 413.306, SF 44, Purchase Order-Invoice- Voucher, and section 413.307, Forms. We are not changing the substance of section 413.505. The new sections correspond to revised FAR sections 13.306, Purchase Order-Invoice-Voucher, and 13.307, Forms. (e) We are amending section 453.213 to update a reference in that section. We are changing the reference to section 413.505-1 to read 413.307. II. Procedural Requirements A. Executive Order Nos. 12866 and 12988 USDA prepared a work plan for this regulation and submitted it to the Office of Management and Budget (OMB) pursuant to Executive Order No. 12866. OMB determined that the rule was not significant for the purposes of Executive Order No. 12866. Therefore, the rule has not been reviewed by OMB. USDA has reviewed this rule in accordance with Executive Order No. 12988, Civil Justice Reform. The proposed rule meets the applicable standards in section 3 of Executive Order No. 12988. B. Regulatory Flexibility Act USDA reviewed this rule under the Regulatory Flexibility Act, 5 U.S.C. 601-611, which requires preparation of a regulatory flexibility analysis for any rule which is likely to have significant economic impact on a substantial number of small entities. The reorganization of AGAR part 413 does not affect the way in which USDA conducts its acquisitions or otherwise interacts with the public. USDA certifies that this rule will not have a significant economic effect on a substantial number of small entities, and, therefore, no regulatory flexibility analysis has been prepared. C. Paperwork Reduction Act No information collection or recordkeeping requirements are imposed on the public by this rule. Accordingly no OMB clearance is required by section 350(h) of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., or OMB's implementing regulation at 5 CFR Part 1320. [[Page 45895]] D. Small Business Regulatory Enforcement Fairness Act This rule has been submitted to each House of Congress and the Comptroller General in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq. III. Electronic Access Addresses You may send electronic mail (E-mail) to JDARAGAN@USDA.GOV, or contact us via fax at (202) 720-8972, if you would like additional information about this rule, or if you wish to submit comments. List of Subjects in 48 CFR Parts 413 and 453 Government contracts, Government procurement. For the reasons set out in the preamble, the Office of Procurement and Property Management amends 48 CFR Chapter 4 as set forth below: 1. Revise Part 413 to read as follows: PART 413--SIMPLIFIED ACQUISITION PROCEDURES Subpart 413.3--Simplified Acquisition Methods Sec. 413.301 Governmentwide commercial purchase card. 413.306 SF 44, Purchase Order-Invoice-Voucher. 413.307 Forms. Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). Subpart 413.3--Simplified Acquisition Methods 413.301 Governmentwide commercial purchase card. USDA policy and procedures on use of the Governmentwide commercial purchase card are established in Departmental Regulation Series 5000. 413.306 SF 44, Purchase Order-Invoice-Voucher. The Standard Form 44 (and the previously prescribed USDA Form AD- 744) is not authorized for use within USDA. 413.307 Forms. Form AD-838, Purchase Order, is prescribed for use by USDA in lieu of Optional Forms 347 and 348. 2. The authority citation for part 453 continues to read as follows: Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c). 453.213 [Amended] 3. In section 453.213, remove ``413.505-1'' and add, in its place,``413.307''. Done at Washington, DC, this 12th day of August, 1999. W.R. Ashworth, Director, Office of Procurement and Property Management. [FR Doc. 99-21743 Filed 8-20-99; 8:45 am] BILLING CODE 3410-XE-P