Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56249 against a contract would normally been awarded pursuant to a delegation SUMMARY: This interim rule lists constitute an obligation of funds by the of procurement authority from GSA communities where modification of the agency providing the funds, absent any under 40 U.S.C. 759. Agencies should base (1% annual chance) flood prohibition or condition on an agency's cite 40 U.S.C. 759 as their contracting elevations is appropriate because of new expenditure of the funds involved. The authority. scientific or technical data. New flood revised amendment clarifies that the insurance premium rates will be Brooks Act is the appropriate authority § 201±39.1702±2 Procedures. calculated from the modified base flood when agencies use contracts that have (a) Agencies are encouraged to make elevations for new buildings and their been awarded pursuant to a delegation new indefinite-delivery/indefinite- contents. of procurement authority from GSA quantity (IDIQ) contracts for commercial DATES: These modified base flood under 40 U.S.C. 759. The revised FIP products and services available for elevations are currently in effect on the amendment also consolidates the use by other agencies. dates listed in the table and revise the procedures presented in the NPR for the (1) Contracts must be awarded using Flood Insurance Rate Map(s) in effect use of such contracts. full and open competition. prior to this determination for each (3) Section 201±39.1702 is added to (2) Contract provisions should allow listed community. permit agencies to make new indefinite- other Federal agencies to use the From the date of the second delivery/indefinite-quantity type contracting agency's contract to satisfy publication of these changes in a contracts for commercial FIP products requirements that are within the scope newspaper of local circulation, any and services available for use by all of products and services available under person has ninety (90) days in which to agencies, and to clarify that FAR subpart the contract until the total contract request through the community that the 17.5 does not apply when agencies use dollars are expended, subject to Associate Director, Mitigation another agency's contract that has been ordering limitations imposed by the Directorate, reconsider the changes. The awarded pursuant to a delegation of contracting agency. At the contracting modified elevations may be changed authority from GSA under 40 U.S.C. agency's discretion, other agencies may during the 90-day period. use portions of the contract not needed 759. ADDRESSES: The modified base flood (4) GSA has determined that this rule by the contracting agency. elevations for each community are is not a significant regulatory action for (3) In addition, contract requirements available for inspection at the office of the purposes of Executive Order 12866. for products and services may be the Chief Executive Officer of each It is certified that this rule will not have increased up to twenty percent beyond community. The respective addresses a significant economic impact upon a the contracting agency's requirements in are listed in the following table. anticipation of overall greater use by the substantial number of small entities FOR FURTHER INFORMATION CONTACT: government without conducting under the Regulatory Flexibility Act of Michael K. Buckley, P.E., Chief, Hazard 1980 (5 U.S.C. 601, et seq.). additional studies to determine the anticipated needs of other agencies that Identification Branch, Mitigation List of Subjects in 41 CFR Part 201±39 may place orders under the contract. Directorate, 500 C Street, SW, Washington, DC 20472, (202) 646±2756. Archives and records, Computer Use of the contract by other agencies technology, Telecommunications, should not be limited to the percent SUPPLEMENTARY INFORMATION: The Government procurement, Property contract requirements are increased. modified base flood elevations are not management, Records management, and Other agencies should have priority for listed for each community in this Federal information processing use of the percent that the contract interim rule. However, the address of resources activities. requirements are increased. the Chief Executive Officer of the (b) There are no specific limitations community where the modified base PART 201±39ÐACQUISITION OF on agencies combining similar flood elevation determinations are FEDERAL INFORMATION requirements under a single available for inspection is provided. PROCESSING (FIP) RESOURCES BY consolidated contract when the Any request for reconsideration must CONTRACTING requirements of individual agencies are be based upon knowledge of changed determined in accordance with FIRMR conditions, or upon new scientific or 1. The authority citation for part 201± subpart 201±20.1. technical data. 39 continues to read as follows: The modifications are made pursuant Dated: October 27, 1995. Authority: 40 U.S.C. 486(c) and 751(f). to Section 201 of the Flood Disaster Roger W. Johnson, Protection Act of 1973, 42 U.S.C. 4105, 2. Section 201±39.1700 is revised to Administrator of General Services. and are in accordance with the National read as follows: [FR Doc. 95±27582 Filed 11±7±95; 8:45 am] Flood Insurance Act of 1968, 42 U.S.C. § 201±39.1700 Scope of subpart. BILLING CODE 6820±25±M 4001 et seq., and with 44 CFR Part 65. For rating purposes, the currently This subpart prescribes policies and effective community number is shown procedures for using options and and must be used for all new policies contracts available to Federal agencies FEDERAL EMERGENCY and renewals. for FIP resources. MANAGEMENT AGENCY The modified base flood elevations 3. Sections 201±39.1702, 201± are the basis for the floodplain 39.1702±1 and 201±39.1702±2 are 44 CFR Part 65 management measures that the added to read as follows: [Docket No. FEMA±7160] community is required to either adopt § 201±39.1702 Interagency Acquisitions. or to show evidence of being already in Changes in Flood Elevation effect in order to qualify or to remain § 201±39.1702±1 Policy. Determinations qualified for participation in the FAR subpart 17.5 concerning AGENCY: Federal Emergency National Flood Insurance Program interagency acquisitions does not apply Management Agency (FEMA). (NFIP). when acquiring or providing FIP These modified elevations, together ACTION: Interim rule. resources under a contract which has with the floodplain management criteria 56250 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations required by 44 CFR 60.3, are the Regulatory Flexibility Act because List of Subjects in 44 CFR Part 65 minimum that are required. They modified base flood elevations are should not be construed to mean that required by the Flood Disaster Flood insurance, Floodplains, the community must change any Protection Act of 1973, 42 U.S.C. 4105, Reporting and recordkeeping existing ordinances that are more and are required to maintain community requirements. stringent in their floodplain eligibility in the NFIP. No regulatory Accordingly, 44 CFR Part 65 is management requirements. The flexibility analysis has been prepared. amended to read as follows: community may at any time enact Regulatory Classification stricter requirements of its own, or PART 65Ð[AMENDED] pursuant to policies established by other This interim rule is not a significant Federal, State, or regional entities. regulatory action under the criteria of 1. The authority citation for Part 65 Section 3(f) of Executive Order 12866 of The changes in base flood elevations continues to read as follows: September 30, 1993, Regulatory are in accordance with 44 CFR 65.4. Planning and Review, 58 FR 51735. Authority: 42 U.S.C. 4001 et seq.; National Environmental Policy Act Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12612, Federalism 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, This rule is categorically excluded This rule involves no policies that 3 CFR, 1979 Comp., p. 376. from the requirements of 44 CFR Part have federalism implications under 10, Environmental Consideration. No Executive Order 12612, Federalism, § 65.4 [Amended] environmental impact assessment has dated October 26, 1987. 2. The tables published under the been prepared. Executive Order 12778, Civil Justice authority of § 65.4 are amended as Regulatory Flexibility Act Reform follows: The Associate Director, Mitigation This rule meets the applicable Directorate, certifies that this rule is standards of Section 2(b)(2) of Executive exempt from the requirements of the Order 12778. Dates and name of State and county Location newspaper where no- Chief executive officer of community Effective date of Community tice was published modification No. Arizona: Coconino City of Flagstaff .... September 21, 1995, The Honorable Christopher J. Bavasi, August 16, 1995 ..... 040020 September 28, Mayor, City of Flagstaff, 211 West 1995, Arizona Daily Aspen Avenue, Flagstaff, Arizona Sun. 86001. Arizona: Coconino City of Flagstaff .... September 22, 1995, The Honorable Christopher J. Bavasi, August 17, 1995 ..... 040020 September 29, Mayor, City of Flagstaff, 211 West 1995, Arizona Daily Aspen Avenue, Flagstaff, Arizona Sun. 86001. Arizona: Maricopa . City of Glendale .... August 31, 1995, The Honorable Elaine Scruggs, Mayor, August 7, 1995 ....... 040045 September 7, 1995, City of Glendale, 5850 West Glen- Arizona Republic. dale Avenue, Glendale, Arizona 85301. Arizona: Maricopa . Unincorporated August 31, 1995, The Honorable Tom Rawles, Chair- August 7, 1995 ....... 040037 Areas. September 7, 1995, person, Maricopa County Board of Arizona Republic. Supervisors, 301 West Jefferson, Phoenix, Arizona 85003. Arizona: Maricopa . City of Peoria ........ August 31, 1995, The Honorable Ken C. Forgia, Mayor, August 7, 1995 ....... 040050 September 7, 1995, City of Peoria 8401 West Monroe, Arizona Republic. Peoria, Arizona 85345. California: Santa City of Gilroy ......... September 22, 1995, The Honorable Don F. Gage, Mayor, August 31, 1995 ..... 060340 Clara. September 29, City of Gilroy, 7351 Rosanna Street, 1995, Dispatch. Gilroy, California 95020.