[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49316-49317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24057]


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DEPARTMENT OF AGRICULTURE

Office of Procurement and Property Management

48 CFR Parts 419 and 452

[AGAR Case 2000-01]

RIN 0599-AA09


Agriculture Acquisition Regulation; North American Industrial 
Classification System

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Direct final rule.

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SUMMARY: This direct final rule amends the Agriculture Acquisition 
Regulation (AGAR) by replacing references to Standard Industrial 
Classification (SIC) Codes with references to North American Industrial 
Classification System (NAICS) codes. On July 26, 2000, the Federal 
Acquisition Regulation (FAR) was amended to employ NAICS codes for 
small business size determinations and other purposes in lieu of SIC 
codes. Since the AGAR supplements the FAR, USDA is amending the AGAR to 
reflect the FAR's adoption of NAICS codes.

DATES: This rule is effective November 26, 2001 without further action, 
unless we receive written adverse comments or written notice of intent 
to submit adverse comments on or before October 29, 2001. 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. You may submit comments or request additional information via 
electronic mail (E-mail) to [email protected] or via fax at (202) 
720-8972.

FOR FURTHER INFORMATION CONTACT: Joseph J. Daragan, (202) 720-5729.

SUPPLEMENTARY INFORMATION:

I. Background
II. Procedural Requirements
    A. Executive Orders Nos. 12866 and 12988
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Small Business Regulatory Enforcement Fairness Act
    E. Unfunded Mandates Reform Act
    F. Executive Order 13132: Federalism
    G. Executive Order 13084: Consultation and Coordination With 
Indian Tribal governments

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. On July 26, 2000, the 
FAR was amended to employ NAICS codes for small business size 
determinations and other purposes in lieu of SIC codes (65 FR 46055-
46063). AGAR 452.219-70, a solicitation provision prescribed for use by 
AGAR 419.508, informs prospective offerors which small business size 
standards will be used in determining whether an offeror is a large 
business or a small business. The provision sets out size standards by 
SIC code. We are amending this provision and prescription to use NAICS 
codes to identify business classifications and applicable size 
standards. 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.
    Rules that an agency believes are noncontroversial and unlikely to 
result in adverse comments 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, Feb. 
24, 1998) notifying the public of its intent to use direct final 
rulemaking in appropriate circumstances.
    This rule makes the following changes to the AGAR:
    (a) In parts 419 and 452, we substitute the term ``North American 
Industrial Classification System'' and its acronym ``NAICS'' for the 
term ``Standard Industrial Classification'' and its acronym ``SIC'.
    (b) In part 452, we change the date of the solicitation provision 
at AGAR 452.219-70, because the provision is amended by this direct 
final rule.

II. Procedural Requirements

A. Executive Orders 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. 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. However, comments from small entities 
concerning the effects of the rule will be considered. Such comments 
must be submitted separately and cite 5 U.S.C. 609 (AGAR Case 2000-01) 
in correspondence.

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 
the Paperwork Reduction Act, 44 U.S.C. chapter 35, or OMB's 
implementing regulations at 5 CFR Part 1320.

D. Small Business Regulatory Enforcement Fairness Act

    A report on 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. 801-808. This 
rule is not a major rule for purposes of the Act.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. USDA has determined that 
this direct final rule does not contain a Federal mandate as defined in 
2 U.S.C. 658(a). USDA has also determined that this direct final rule 
does not significantly or uniquely affect small governments. 
Accordingly, this rule is not subject to the requirements of Title II 
of UMRA.

[[Page 49317]]

F. Executive Order 13132: Federalism

    Executive Order 13132, Federalism (64 FR 43255, Aug. 10, 1999), 
imposes requirements in the development of regulatory policies that 
have federalism implications. ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    USDA has determined that this rule does not have federalism 
implications. It will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
The rule will not impose substantial costs on States and localities. 
Accordingly, this rule is not subject to the procedural requirements of 
Executive Order 13132 for regulatory policies having federalism 
implications.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments (65 FR 67249, Nov. 9, 2000), imposes requirements in 
the development of regulatory policies that have tribal implications. 
Executive Order 13175 defines ``policies that have tribal 
implications'' as having ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' USDA has determined 
that this rule does not have tribal implications and, therefore, the 
consultation and coordination requirements of Executive Order 13175 do 
not apply.

List of Subjects in 48 CFR Parts 419 and 452

    Acquisition regulations, Government contracts, Government 
procurement, Procurement.

    For the reasons set out in the preamble, the Office of Procurement 
andProperty Management amends 48 CFR Parts 419 and 452 as set forth 
below:

PART 419--SMALL BUSINESS PROGRAMS

    1. The authority citation for Part 419 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).


    2. Amend section 419.508 by removing the acronym ``SIC'' and 
adding, in its place, the acronym ``NAICS''.

PART 452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for Part 452 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).


    2. Amend section 452.219-70 as follows:
    a. Remove the acronym ``SIC'' and add, in its place, the acronym 
``NAICS''.
    b. Remove the date ``NOV 1996'' and add, in its place, the date 
``SEP 2001''.
    c. Remove the words ``Standard Industrial Classification'' and add, 
in their place, the words ``North American Industrial Classification 
System''.

    Done at Washington, DC, this 20th day of September, 2001
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 01-24057 Filed 9-26-01; 8:45 am]
BILLING CODE 3410-TX-P