[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Rules and Regulations]
[Pages 67311-67312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19664]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Part 51

RIN 3037-AA06


Adding New Military Resale Number Series

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Final rule.

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SUMMARY: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (the Committee) has in its procurement program 
nonprofit agencies that sell products to military commissary stores for 
resale. The items sold are assigned to specific number series so that 
the nonprofit agencies, the Committee, and the military stores may 
identify the specific products. The number series are only used for 
identification of specific products sold in the military stores. These 
product numbers are internal only to the Committee, the nonprofit 
agencies, and the military commissaries. This proposed rule adds 
additional number series to the authorized series so that replacement 
products may have their own unique identifying numbers.

DATES: Effective Date: November 21, 2006.

ADDRESSES: The Committee office is located at Jefferson Plaza 2, Suite 
10800, 1421 Jefferson Davis Highway, Arlington, VA 22202-3259.

FOR FURTHER INFORMATION CONTACT: For more information, contact Kimberly 
Zeich by telephone (703) 603-7740, or by facsimile at (703) 603-0030, 
or by mail at the Committee for Purchase From People Who Are Blind or 
Severely Disabled, 1421 Jefferson Davis Hwy., Suite 10800, Arlington, 
VA 22202-3259.

SUPPLEMENTARY INFORMATION: The Committee's regulation at 41 CFR 51-6.4, 
Military Resale Commodities, requires military commissary stores and 
other military resale outlets to stock certain products in the 
Committee's program, which are identified by special military resale 
number series. 41 CFR 51-6.4 references number series 400-, 500-, 800-, 
900- and 1000-series, with the 800-, 900-, and 1000-series being 
stocked exclusively and all series being stocked in as broad a range as 
practicable. Additional number series are required because the numbers 
cannot be re-used after being assigned to a product. The expansion of 
the number series will not expand the scope of the military resale 
products, rather it will allow for the effective administration and 
maintenance of the military resale program at its current level. This 
final rule adds series 300-, 1100- and 10,000- (10,000-10,999) to 41 
CFR 51-6.4(b); series 0- (0-99), 200-, 300-, 600-, 700-, 1100-, 1200- 
(1200-9999), and 10000- (10000-10999) to 41 CFR 51-6.4(c)(2) to be 
stocked in as broad a range as practicable; series 300-, 1100-, and 
10000- (10000-10999) to 41 CFR 51-6.4(c)(4); and series 300-, 1100- and 
10,000- (10,000-10,999) to 41 CFR 51-6.4(d).
    Executive Order 12866: This agency has made the determination that 
this rule is not significant for the purposes of EO 12866.
    Administrative Procedure Act: The Committee finds under 5 U.S.C. 
553(b)(3)(B) that good cause exists to waive prior notice and 
opportunity for public comment. This final rule simply adds numbers to 
a series of number that already exist. These series are internal to 
this agency and have no impact on nonprofit agencies not working in the 
military resale area. National Industries for the Blind, a central 
nonprofit agency in the Committee's program, requested these specific 
number series on behalf of the nonprofit agencies that participate in 
the military resale arena. The Defense Commissary Agency also asked the 
Committee to take this action. Since both the Federal and nonprofit 
agencies requested these number series, it is highly unlikely that 
there would be any adverse comments on this rule. Because this 
amendment is not a substantive change to the regulation, it is 
unnecessary to provide notice and opportunity for public comment. 
Further, pursuant to 5 U.S.C. 553 (b)(3)(A), this rule of agency 
organization, procedure and practice is not subject to the requirement 
to provide prior notice and opportunity for public comment. The 
Committee also finds that the 30-day delay in effectiveness, required 
under 5 U.S.C. 553(d), is inapplicable because this rule is not a 
substantive rule. This final rule merely expands the series of item 
numbers for use in the military resale program.

[[Page 67312]]

    Regulatory Flexibility Act: Because notice and opportunity for 
comment are not required pursuant to 5 U.S.C. 553 or any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis 
is not required and has not been prepared.

List of Subjects in 41 CFR Part 51-6

    Government procurement, Individuals with disabilities.


0
For the reasons set out in the preamble, Part 51-6 of Title 41, Chapter 
51 of the Code of Federal Regulations is amended as follows:

PART 51-6--PROCUREMENT PROCEDURES

0
1. The authority citation for part 51.6 continues to read as follows:

    Authority: 41 U.S.C. 46-48c.


0
2. Revise Sec.  51-6.4 (b), (c)(2), (c)(4), and (d) to read as follows:


Sec.  51-6.4  Military resale commodities.

* * * * *
    (b) Authorized resale outlets shall stock military resale 
commodities in as broad a range as practicable. Authorized resale 
outlets may stock commercial items comparable to military resale 
commodities they stock, except that military commissary stores shall 
stock military resale commodities in the 300-800-, 900-, 1000-, 1100-, 
and 10000- (10000-10999) series exclusively, unless an exception has 
been granted on an individual store basis for the stocking of 
comparable commercial items for which there is a significant customer 
demand. (c) * * *
    (2) Require the stocking in commissary stores of military resale 
commodities in the 0- (0-99), 200-, 300-, 400-, 500-, 600-, 700-, 800-, 
900-, 1000-, 1100-, 1200- (1200-9999), and 10000- (10000-10999) series 
in as broad a range as is practicable.
* * * * *
    (4) Establish policies and procedures which reserve to its agency 
headquarters the authority to grant exceptions to the exclusive 
stocking of 300-, 800-, 900-, 1000-, 1100-, and 10000- (10000-10999) 
series military resale commodities.
    (d) The Defense Commissary Agency shall provide the Committee a 
copy of each directive which relates to the stocking of military resale 
commodities in commissary stores, including exceptions authorizing the 
stocking of commercial items in competition with 300-, 800-, 900-, 
1000-, 1100-, and 10000- (10000-10999) series military resale 
commodities.
* * * * *

    Dated: November 17, 2006.
Patrick Rowe,
Deputy Executive Director, Committee for Purchase From People Who Are 
Blind or Severely Disabled.
[FR Doc. E6-19664 Filed 11-20-06; 8:45 am]
BILLING CODE 6353-01-P