Federal Register / Vol. 64, No. 203 / Thursday, October 21, 1999 / Rules and Regulations 56705

EFFECTIVE DATE: October 21, 1999. List of Subjects in 48 CFR Parts 201 and (ii) The individual making the FOR FURTHER INFORMATION CONTACT: 213 purchase— Ms. Susan Schneider, Defense Government procurement. (A) Is authorized and trained in Acquisition Regulations Council, Michele P. Peterson, accordance with agency procedures; (B) Complies with the requirements of PDUSD (A&T) DP (DAR), IMD 3D139, Executive Editor, Defense Acquisition 3062 Defense Pentagon, Washington, DC Regulations Council. FAR 8.001 in making the purchase; and (C) Seeks maximum practicable 20301–3062. Telephone (703) 602–0326; Therefore, 48 CFR Parts 201 and 213 telefax (703) 602–0350. Please cite competition for the purchase in are amended as follows: accordance with FAR 13.104(b). DFARS Case 99–D002. 1. The authority citation for 48 CFR SUPPLEMENTARY INFORMATION: Parts 201 and 213 continues to read as [FR Doc. 99–27278 Filed 10–20–99; 8:45 am] follows: BILLING CODE 5000±04±M A. Background Authority: 41 U.S.C. 421 and 48 CFR Section 13.301 of the Federal Chapter 1. Acquisition Regulation (FAR) permits use of the Governmentwide commercial PART 201ÐFEDERAL ACQUISITION DEPARTMENT OF TRANSPORTATION REGULATIONS SYSTEM purchase card to make purchases valued Office of the Secretary at or below the micro-purchase 2. Section 201.603–3 is amended by threshold of $2,500 ($2,000 for redesignating the existing text as 49 CFR Part 71 construction purchases). The FAR paragraph (a), and by adding a new permits use of the card for purchases paragraph (b) to read as follows: [OST Docket No. OST±99±5843] exceeding the micro-purchase threshold 201.603±3 Appointment only as an ordering or payment method RIN 2105±AC80 in conjunction with a contract. This * * * * * final rule amends the DFARS to permit (b) Agency heads may delegate the Relocation of Standard Time Zone use of the card on a stand-alone basis for purchase authority in 213.301 to DoD Boundary in the State of Nevada overseas purchases of commercial items civilian employees and members of the valued at or below $25,000. This action U.S. Armed Forces. AGENCY: Office of the Secretary, DOT. is possible since many laws do not ACTION: Final rule. apply to purchases made overseas for PART 213ÐSIMPLIFIED ACQUISITION use overseas. For example, some laws PROCEDURES SUMMARY: The Department of do not apply if the contractor’s Transportation (DOT) is relocating the 3. Section 213.301 is added to read as City of West Wendover, Nevada, from employees are recruited outside of the follows: United States. Current requirements and the Pacific Time Zone to the Mountain restrictions imposed on card usage for 213.301 Governmentwide commercial Time Zone. This action is taken in purchases other than those falling purchase card. response to a petition by the Mayor of within the scope of this rule remain (1) ‘‘United States,’’ as used in this West Wendover. The action is designed unchanged. section, means the 50 States and the to facilitate commerce and reduce DoD published a proposed rule on District of Columbia, the confusion. May 25, 1999 (64 FR 28134). Forty- Commonwealth of Puerto Rico, the DATES: This rule is effective at 2:00 a.m. seven sources submitted comments on Virgin Islands, the Commonwealth of PDT, Sunday, October 31, 1999. the proposed rule. DoD considered all the Northern Mariana Islands, Guam, FOR FURTHER INFORMATION CONTACT: comments in the development of the American Samoa, Wake Island, Johnston Joanne Petrie, Office of the Assistant final rule. Island, Canton Island, the outer General Counsel for Regulation and This rule was not subject to Office of Continental Shelf lands, and any other Enforcement, U.S. Department of Management and Budget review under place subject to the jurisdiction of the Transportation, Room 10424, 400 Executive Order 12866, dated United States (but not including leased Seventh Street, S.W., Washington, DC September 30, 1993. bases). 20590, (202) 366–9315; email address: (2) An individual appointed in [email protected]. B. Regulatory Flexibility Act accordance with 201.603–3(b) also may SUPPLEMENTARY INFORMATION: DoD certifies that this final rule will use the Governmentwide commercial not have a significant economic impact purchase card to make a purchase that Background on a substantial number of small entities exceeds the micro-purchase threshold Under the Standard Time Act of 1918, within the meaning of the Regulatory but does not exceed $25,000, if— as amended by the Uniform Time Act of Flexibility Act, 5 U.S.C. 601, et seq., (1) The purchase— (A) Is made outside the United States 1966 (15 U.S.C. 260–64), the Secretary because the rule only affects commercial for use outside the United States; and of Transportation has authority to issue item purchases that are made outside (B) Is for a commercial item; but regulations modifying the boundaries the United States for use outside the (C) Is not for work to be performed by between time zones in the United States United States. Small business concerns employees recruited within the United in order to move an area from one time are not significantly affected by overseas States; zone to another. The standard in the transactions. (D) Is not for supplies or services statute for such decisions is ‘‘regard for C. Paperwork Reduction Act originating from, or transported from or the convenience of commerce and the through, sources identified in FAR existing junction points and division The Paperwork Reduction Act does Subpart 25.7; points for common carriers engaged in not apply because the rule does not (E) Is not for ball or roller bearings as interstate or foreign commerce.’’ impose any information collection end items; and requirements that require the approval (F) Does not require access to Petition for Rulemaking of the Office of Management and Budget classified or Privacy Act information; On January 8, 1999, Walter F. under 44 U.S.C. 3501, et seq. and Sanders, Mayor of the City of West

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Wendover, Nevada sent a letter to the 13. West Wendover’s residents must West Wendover, Nevada in the Department of Transportation travel to Salt Lake City or Elko in order Mountain Time Zone. The change is petitioning the Department to change to obtain a greater variety of services, effective at 2:00 a.m. PDT, Sunday, the city from the Pacific Time Zone to shopping, and recreation. October 31, 1999. Because the the Mountain Time Zone. The letter 14. The City of West Wendover is community is already unofficially noted the following facts in support of trying to purchase Air Force property observing Mountain time, we find good the petition. adjacent to the Tooele County Airport. cause to make this rule effective on less 1. West Wendover is located on the This purchase is expected to provide than 30 days notice. border of Utah and Nevada and is opportunities to establish a more Impact on Observance of Daylight directly adjacent to the City of diversified economy within the Saving Time Wendover, Utah, which is in the Wendover/West Wendover community. Mountain Time Zone. 15. Historically, West Wendover has This time zone change does not affect 2. It is more than one hundred miles always operated on Mountain time. the observance of daylight saving time. to the nearest city. Prior to the 1980s, there was no reason Under the Uniform Time Act of 1966, as 3. Businesses in West Wendover make to do otherwise because there was amended, the standard time of each most of their purchases from Salt Lake literally nothing to the town fifty yards time zone in the United States is City, which is in the Mountain Time past the state line. When West advanced one hour from 2:00 a.m. on Zone. Wendover began to ‘‘boom,’’ the town the first Sunday in April until 2:00 a.m. 4. The city receives all of its television tried to operate by Pacific time. on the last Sunday in October, except in and radio broadcasts from Salt Lake According to the Mayor, this action any State that has, by law, exempted City. Due to mountain ranges west of created mass confusion for both itself from this observance. West Wendover, radio broadcasts residents and those outside the Regulatory Analysis and Notices cannot be received from the Nevada community. 16. The Mayor stated that by allowing area. West Wendover to formally move into This rule is not a ‘‘significant 5. West Wendover has one weekly the Mountain Time Zone, commerce regulatory action’’ under section 3(f) of local newspaper, which is printed in within the Wendover/West Wendover Executive Order 12866 and does not Salt Lake City. community would be facilitated and require an assessment of potential costs 6. The City of West Wendover confusion would be eliminated. and benefits under section 6(a)(3) of that currently has no passenger rail service. On July 26, 1999, the DOT published Order. It has not been reviewed by the The nearest public rail service is located a notice of proposed rulemaking in the Office of Management and Budget under in either Salt Lake City, Utah or Elko, Federal Register (64 FR 40331) that that Order. It is not ‘‘significant’’ under Nevada. Both cities are more than one- would move West Wendover to the the regulatory policies and procedures hundred miles from West Wendover. Mountain Time Zone. On August 10, of the Department of Transportation 7. Greyhound buses travel through 1999, the DOT held a public hearing at (DOT) (44 FR 11040; February 26, 1979.) West Wendover on an east/west run, but the West Wendover Library to take We expect the economic impact of this only stop in Wendover, Utah. questions and comments on the rule to be so minimal that a full 8. Wendover, Utah, has a small proposed change. The hearing was Regulatory Evaluation under paragraph airport, which is limited to mostly small attended by approximately twelve 10e of the regulatory policies and private aircraft and which receives no people plus the City Council. All but procedures of DOT is unnecessary. The commercial air service. Tooele County, one of those testifying favored the rule primarily affects the convenience of Utah, which is on Mountain time, is in change. The individual in favor of individuals in scheduling activities. By the process of renovating its airport. The Pacific time did not elaborate on her itself, it imposes no direct costs. Its closest major airport is Salt Lake City reasons for her position. Those in favor impact is localized in nature. International Airport. focused on the practicality of observing Small Entities 9. A small percentage of West Mountain time based on the geography Wendover’s working population resides of the area. The City is located on the Under the Regulatory Flexibility Act outside the City limits. The majority of State line and adjacent to Wendover, (5 U.S.C. 601–612), we considered employed residents work in the gaming/ Utah. The nearest towns are over 100 whether this proposed rule would have tourism industry. miles away. Most of the commerce takes a significant economic impact on a 10. Medical services are currently place to the east. The economy of the substantial number of small entities. provided by a local medical clinic. The community, especially its plans for The term ‘‘small entities’’ comprises facility is owned by the City of West future expansion, are tied to the small business, not-for-profit Wendover, which in turn has leased the Mountain Time Zone. The City has organizations that are independently facility to the University of Utah— always observed Mountain time and it owned and operated and are not Medical Facility. This agreement would be a hardship to now enforce dominant in their fields, and provided the opportunity for expanded Pacific time. governmental jurisdictions with medical services to the community. One written comment strongly populations of less than 50,000. This Most residents of West Wendover travel supporting Mountain time was filed in rule primarily affects individuals and to Salt Lake City for major and routine the docket by Viola S. Troyan. Among their scheduling of activities. Although health care. other things, Ms. Troyan noted her it will affect some small businesses, not- 11. Secondary education is offered in belief that 99 percent of the people in for-profits, and the City of West Salt Lake City, Utah and Elko, Nevada. West Wendover ‘‘think Mountain time.’’ Wendover, it will not be a substantial 12. West Wendover is in the process number. In addition, the change should of expanding its recreation facilities. Finding have little, if any, economic impact. I, These recreational services are designed We find that, based on the Mayor’s therefore, certify under 5 U.S.C. 605(b) to accommodate people from the petition, testimony presented at the that this rule will not have a significant Wastach Front area, which is on hearing and the comment filed in the economic impact on a substantial Mountain time. docket, there is good cause to place number of small entities.

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Collection of Information Civil Justice Reform secs. 2–7, 80 Stat. 107, as amended; 100 Stat. This rule calls for no new collection This rule meets applicable standards 764; Act of Mar. 19, 1918, as amended by the of information under the Paperwork in sections 3(a) and 3(b)(2) of Executive Uniform Time Act of 1966 and Pub. L. 97– 449, 15 U.S.C. 260–267; Pub. L. 99–359; 49 Reduction Act of 1995 (44 U.S.C. 3501– Order 12988, Civil Justice Reform, to CFR 159(a), unless otherwise noted. 3520). minimize litigation, eliminate Federalism ambiguity, and reduce burden. 2. In § 71.9, revise paragraph (b) to read as follows: We have analyzed this rule under Protection of Children Executive Order 12612 and have We have analyzed this rule under § 71.9 Boundary line between mountain determined that this rule does not have Executive Order 13045, Protection of and Pacific zones. sufficient implications for federalism to Children from Environmental Health * * * * * warrant the preparation of a Federalism Risks and Safety Risks. This rule is not Assessment. an economically significant rule and (b) Utah-Nevada-Arizona-California. From the northeast corner of the State Unfunded Mandates does not concern an environmental risk to health or risk to safety that may of Nevada southerly along the Utah- The Unfunded Mandates Reform Act disproportionately affect children. Nevada boundary to the junction with of 1995 (2 U.S.C. 1531–1538) and the northern border of the City of West Executive Order 12875, enhancing the Environment Wendover, Nevada. Then westward Intergovernmental Partnership, (58 FR This rule is not a major Federal action along the northern, western, and 58093; October 28, 1993) govern the significantly affecting the quality of the southern boundaries of the City of West issuance of Federal regulations that human environment under the National Wendover back to the Utah-Nevada require unfunded mandates. An Environmental Policy Act and, boundary. Then southerly along the unfunded mandate is a regulation that therefore, an environmental impact Utah-Nevada boundary, the Nevada- requires a State, local, or tribal statement is not required. Arizona boundary, and the Arizona- government or the private sector to California boundary to the boundary incur direct costs without the Federal List of Subjects in 49 CFR Part 71 between the United States and Mexico. Government’s having first provided the Time. funds to pay those costs. This rule does For the reasons discussed above, the * * * * * not impose an unfunded mandate. Office of the Secretary is amending Title Issued in Washington, DC. on October 12, 1999. Taking of Private Property 49 Part 71 as follows: Rodney E. Slater, This rule does not effect a taking of PART 71Ð[AMENDED] Secretary. private property or otherwise have [FR Doc. 99–27240 Filed 10–20–99; 8:45 am] taking implications under Executive 1. The authority citation for part 71 Order 12630, Governmental Actions and continues to read: BILLING CODE 4910±62±P Interference with Constitutionally Authority: Secs. 1–4, 40 Stat. 450, as Protect Property Rights. amended; sec. 1, 41 Stat. 1446, as amended;

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