[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Rules and Regulations]
[Pages 20703-20704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7982]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business--Cooperative Service
Rural Utilities Service
Farm Services Agency
7 CFR Part 1955
Management of Property
AGENCIES: Rural Housing Service, Rural Business--Cooperative Service,
Rural Utilities Service and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Housing Service (RHS) is amending this regulation to
remove an incorrect reference. The intended effect of this change is to
ensure that Agency regulations continue to provide current information.
DATES: Effective Date: April 21, 2005.
FOR FURTHER INFORMATION CONTACT: Brinder Billups, Chief, Policy and
Program Management Branch, Procurement Management Division, Rural
Development, U.S. Department of Agriculture, Stop 0741, 1400
Independence Avenue, SW., Washington, DC 20250-0741, Telephone: (202)
692-0247.
SUPPLEMENTARY INFORMATION:
Classification
This action is not subject to the provisions of Executive Order
(E.O.) 12866 since it involves only internal Agency management. This
action is not published for prior notice and comment under the
Administrative Procedure Act since it involves only internal Agency
management and publication for comment is unnecessary and contrary to
the public interest.
Programs Affected
The Catalog of Federal Domestic Assistance programs affected by
this action are 10.406--Farm Operating Loans and 10.407--Farm Ownership
Loans.
Intergovernmental Consultation
Programs with Catalog Federal Domestic Assistance numbers 10.406
and 10.407 are not subject to the provisions of E.O. 12372 which
requires intergovernmental consultation with State and local officials.
Civil Justice Reform
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. When published: (1) Unless otherwise specifically provided, all
State and local laws that are in conflict with this rule will be
preempted; (2) no retroactive effect will be given this rule except as
specifically prescribed in the rule; and (3) administrative proceedings
of the National Appeals Division (7 CFR part 11) must be exhausted
before litigation against the Department is instituted.
Paperwork Reduction Act
There are no new reporting and recordkeeping requirements
associated with this rule.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public
Law (Pub. L.) 104-4, establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and the private sector. Under section 202 of the
UMRA, Federal agencies generally must prepare a written statement,
including cost-benefit analysis, for proposed and final rules with
``Federal mandates'' that may result in expenditures to State, local,
or tribal governments, in the aggregate, or to the private sector, or
$100 million or more in any 1 year. When such statement is needed for a
rule, section 205 of the UMRA generally requires a Federal agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, more cost-effective, or least burdensome
alternative that achieves the objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMA) for State, local, and tribal
governments or the private sector. Therefore, this rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
[[Page 20704]]
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' It is the determination of RHS
that the proposed action does not constitute a major Federal action
significantly affecting the quality of the environment and in
accordance with the National Environmental Policy Act of 1969, Public
Law 91-190, an Environmental Impact Statement is not required.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on 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. Nor does this
rule impose a substantial direct compliance cost on State and local
governments. Therefore, consultation with the States is not required.
List of Subjects in Part 1955
Government acquired property, Government property management.
0
Accordingly, Chapter XVIII, Title 7, Code of Federal Regulations, is
amended as follows:
PART 1955--PROPERTY MANAGEMENT
0
1. The authority citation for part 1955 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart B--Management of Property
0
2. Section 1955.65 is amended by revising paragraph (c)(3) to read as
follows:
Sec. 1955.65 Management of inventory and/or custodial real property.
* * * * *
(c) * * *
(3) Specification of services. All management contracts will
provide for termination by either the contractor or the Government upon
30 days written notice. Contracts providing for management of multiple
properties will also provide for properties to be added or removed from
the contractor's assignment whenever necessary, such as when a property
is acquired or taken into custody during the period of a contract or
when a property is sold from inventory. If a contractor prepares repair
specifications, that contractor will be excluded from the solicitation
for making the repairs to avoid a conflict of interest.
If a management contract calls for specification writing services,
a clause must be inserted in the contract prohibiting the preparer or
his/her associates from doing the repair work.
* * * * *
Dated: April 4, 2005.
Gilbert Gonzalez,
Under Secretary, Rural Development.
Dated: April 11, 2005.
J.B. Penn,
Under Secretary, Farm and Foreign Agricultural Service.
[FR Doc. 05-7982 Filed 4-20-05; 8:45 am]
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