Notices. Proposed rule

1,338 words·~6 min read·/register/2002/11/04/02-27268·

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BILLING CODE 8320-01-M 67 213 Monday, November 4, 2002 CORRECTIONS !!!Michele DEPARTMENT OF ENERGY Energy Information Administration Policy Statement; Solicitation Of Comments On The Proposed Policy For Information In Statistical Tables Based On Confidential Historical Electric Power Survey Data Correction In notice document 02-27123 beginning on page 65345 in the issue of Thursday, October 24, 2002, make the following correction: On page 65345, in the first column, under the DATES heading, in the second line, “December 23, 2002.” should read “ November 25, 2002”. [FR Doc.

C2-27123 Filed 11-1-02; 8:45 am] BILLING CODE 1505-01-D Michele SMALL BUSINESS ADMINISTRATION 13 CFR Part 121 RIN 3245-AF00 Small Business Size Standards; Adoption of Size Standards by 2002 North American Industry Classification System for Size Standards Correction In rule document 02-22200 beginning on page 56905 in the issue of Friday, September 6, 2002, make the following correction: §121.201 [Corrected] On page 56908, in §121.201, in the table, in **Subsector 237-Heavy and Civil Engineering Construction** , the entry for *EXCEPT,* is corrected as set forth below:

Small Business Size Standards by NAICS Industry-Continued NAICS codes NAICS U.S. industry title Size standards in millions of dollars Size standards in number of employees Sector 23—Construction Subsector 237—Heavy and Civil Engineering Construction *EXCEPT,* Dredging and Surface Cleanup Activities 2 2 17.0 [FR Doc. C2-22200 Filed 11-1;-02; 8:45 am] BILLING CODE 1505-01-P !!Michele DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Airspace Docket No. 02-ASO-10] Establishment of Class E5 Airspace;

Franklin, NC Correction In rule document 02-26284 appearing on page 63828 in the issue of Wednesday, October 16, 2002, make the following correction: On page 63828, in the first column, under the heading EFFECTIVE DATE , in the first line, “January 23, 2002” should read “ January 23, 2003”. [FR Doc. C2-26284 Filed 11-1-02; 8:45 am] BILLING CODE 1505-01-D 67 213 Monday, November 4, 2002 Corrections Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting;

Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds; Final Rule Correction DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018-AI30 Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds Correction In rule document 02-23804 beginning on page 59358 in the issue of Friday, September 20, 2002 make the following correction: Starting on page 59361 and concluding on page 59384 the text should read as follows:

ER20SE02.000 ER20SE02.001 ER20SE02.002 ER20SE02.003 ER20SE02.004 ER20SE02.005 ER20SE02.006 ER20SE02.007 ER20SE02.008 ER20SE02.009 ER20SE02.010 ER20SE02.011 ER20SE02.012 ER20SE02.013 ER20SE02.014 ER20SE02.015 ER20SE02.016 ER20SE02.017 ER20SE02.018 ER20SE02.019 ER20SE02.020 ER20SE02.021 ER20SE02.022 ER20SE02.023 [FR Doc. C2-23804 Filed 11-1-02; 8:45 am] BILLING CODE 1505-01-D 67 213 Monday, November 4, 2002 Proposed Rules Part III Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Part 9 Federal Acquisition Regulation;

Debarment and Suspension-Order Placement and Option Exercise; Proposed Rule DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 9 [FAR Case 2002-010] RIN: 9000-AJ48 Federal Acquisition Regulation; Debarment and Suspension—Order Placement and Option Exercise AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. SUMMARY:

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation

(FAR)to address the placement of orders against existing contracts with contractors that have been debarred, suspended, or proposed for debarment. DATES: Interested parties should submit comments in writing on or before January 3, 2003, to be considered in the formulation of a final rule. ADDRESSES: Submit written comments to—General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. Submit electronic comments via the Internet to— *farcase.2002-010@gsa.gov.* Please submit comments only and cite FAR case 2002-010 in all correspondence related to this case. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, at

(202)501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Ralph De Stefano, Procurement Analyst, at

(202)501-1758. Please cite FAR case 2002-010. SUPPLEMENTARY INFORMATION: A. Background This proposed rule revises FAR 9.405-1(b) to require that discretionary actions on the part of the agency meet the same standards as agencies would have to meet in awarding new contracts. Therefore, for contractors debarred, suspended, or proposed for debarment, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not place orders exceeding the guaranteed minimum under indefinite-quantity contracts; place orders against optional use Federal Supply Schedule contracts; or add new work, exercise options, or otherwise extend the duration of current contracts or orders. In addition, minor editorial corrections are made in sections 9.405, 9.405-1, and 9.405-2. The various deletions of “or a designee” from the phrase “agency head or designee” does not signify a change in policy, but implements the FAR convention at FAR 1.108(b) that each authority is delegable unless specifically stated otherwise. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because it only affects orders placed by civilian agencies against existing indefinite quantity contracts with contractors debarred, suspended, or proposed for debarment. The Defense FAR Supplement already prohibits the placement of such orders. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Part in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (FAR case 2002-010), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Part 9 Government procurement. Dated: October 18, 2002. Al Matera, Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA propose amending 48 CFR part 9 as set forth below: PART 9—CONTRACTOR QUALIFICATIONS 1. The authority citation for 48 CFR part 9 continues to read as follows: Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 9.405 by revising paragraph (a); and removing from paragraphs (d)(2) and (d)(3) the words “or a designee”. The revised text reads as follows: 9.405 Effect of listing.

(a)Contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action (see 9.405-1(b), 9.405-2, 9.406-1(c), 9.407-1(d), and 23.506(e)). Contractors debarred, suspended, or proposed for debarment are also excluded from conducting business with the Government as agents or representatives of other contractors. 3. Amend section 9.405-1 by removing from the first sentence of paragraph

(a)the words “or a designee”; revising paragraph (b); and removing paragraph (c). The revised text reads as follows: 9.405-1 Continuation of current contracts.

(b)For contractors debarred, suspended, or proposed for debarment, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not—

(1)Place orders exceeding the guaranteed minimum under indefinite-quantity contracts;

(2)Place orders against optional use Federal Supply Schedule contracts; or

(3)Add new work, exercise options, or otherwise extend the duration of current contracts or orders. 9.405-2 [Amended] 4. Amend section 9.405-2 by removing from the first sentence of paragraph

(a)the words “or a designee”. [FR Doc. 02-27268 Filed 11-1-02; 8:45 am]

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