LETTER TO EDWIN E. BROWN FROM FRED SIMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00280R000100130036-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: September 11, 2013
• Sequence Number: 36
• Publication Date: July 14, 1981
• Content Type: LETTER

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N Servc6..1 7e!ecommunications
Adm'ihis:ratch Service Washington, DC 20405
Management Staff
Room 2D00
Central Intelligence Agency
Washington, DC 20505
Dea
This letter is to notify you. of our intent to return, without
action, Agency Procurement Requests (APR) not submitted by a
designated official.
Federal Precurement Regulation (FPR) Temporary Regulation 62,
published in the July 14, 1981, Federal Register, amended FPR
1-4.1105 "to provide that agency procurement requests must be
submitted by the agency designated senior official or by an
official assigned by the senior official." Each Federal'
agency was to submit to the General Services
Administration, Agency Planning Division (CPS), the names and
titles of these officials, so that we may comply with the
provisions of Public Law 96-511, Paperwork Reduction Act. As
of this date we have not received the required names from
your. agency.
Therefore, be advised that on Monday, September 14, 1981, we
will begin returning your APR's without action, per FPR
1-4.1104(a).
Your immediate attention to this matter would be
appreciated.
Sincerely,
FED SI .S
Acting Director,
Agency Planning Division
2
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Federal Register / Vol. 40, No. 134 / Tuesday, July 14, 1981 / Rules and RepailatIona
Decision
In accordance with 29 CFR 1955(b)(2),
the petition for the withdrawal of the
Virginia State Plan, submitted by Oil,
Chemical and Atomic Workers
International Union, Virginia State AFL-
CIO, Building and Construction Trades
Department of the AFL-CIO and Fairfax
County Board of Supervisors are hereby
denied. The denial of these petitions
does not preclude the Assistant
Secretary from taking future action on
these issues or any issues regarding the
Plan which may be raised by monitoring
or evaluation. The den:al also does not
preclude the filing of future petitions by
these or any other parties.
(Sec. 18. Pub. L. 91-596, 84 Stat.. 1608(29
U.S.C. 687)) -
Signed at Charlottesville, Virginia this 7th
day of July. 1981.
Thorne G. Auchter,
Assistant Secretary of Labor.
IFS Doc. C1-037M Filed 7-13-81 8-45 cm)
FULLING CODE 4510-2641
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 228 and 252
Minerals
AGENCY: USDA, Forest Service.
ACTION: Final rule.
SUMMARY: The Forest Service is
amending the regulations on minerals
management by creating a new Part 228,
Minerals. It is transferring the verbatim
text of Part 252 in its entirety to Subpart
A. This change is not substantive: it is
strictly editorial.
EFFECTIVE DATE: July 13, 1981.
FOR FURTHER INFORMATION CONTACT:
Howard E. Banta, Director, Minerals and
Geology Management, Forest Service?
USDA, P.O. Box 2417, Washington, D.C.
20013; Phone [phone].
SUPPLEMENTARY INFORMATION: The text
of Part 252?Minerals, concerned with
locatable minerals, is redesignated as
Part 228. Subpart A. upon issuance of
this rule. This rule also reserves
Subparts B-D. Part 228. New regulations
concerning leasable minerals will be
entered in Subpart B. forest Service
regulations concerned with disposable
mineral materials, now located in
?? 251.4 and 251.4(a), 'will be amended
as necessary and redesignated to
Subpart C.
Miscellaneous provisions concerning
minerals now located in ?? 251.10,
251.11, 292.17, 292.18, and 293.14 will be
amended as necessary and redesignated
to Subpart D.
This amendment will serve two
purposes:
(1) All sections of Forest Service
regulations concerning minerals will be
properly consolidated into one part,
achieving a mare orderly and effective
representation of Forest Service
regulations.
(2) It will allow correlation of the
numbering of regulations on minerals
with the numbering scheme being used
for Forest Service directives, forms,
files, etc.
Redesignation to Part 228 will-be
made effective for all Forest Service
minerals regulations as they are written
or revised.
Regulation's pertaining to the exercise
of reserved and outstanding rights
remain in ? 251.15.
In accordance with exceptions to
rulemaking procedures in 5 U.S.C. 553
and Department of Agriculture policy
(36 FR 13804), it has been determined
that advance notice and request for
comments are unnecessary.
This action has been reviewed .
pursuant to Executive Order 12291 and it
has been determined that this document
is not a major rule and does not require
a regulatory analysis nor does it require
a regulatory flexibility analysis under
the Regulatory Flexibility Act (5 U.S.C.'
601 et seq.).
Accordingly, 38 CFR Chapter II is
amended as follows: ?
?? 252.1-252.15 [Redesignated as
??228.1-228.15]
1.1n Part 252, ?? 252.1 through 252.15
are redesignated as ?? 223.1-228.15,
Subpart A of new Part 228.
2. All references in new Part 228,
Subpart A, to sections and paragraphs
in former Part 252 are changed to refer
to the corresponding sections and
paragraphs in new Part 228, Subpart A.
3. The Table of Contents for Part 228
will read as follows.
PART 228?MINERALS
Subpart A?Locatable Minerals
Sec.
228.1 Purpose.
228.2 Scope.
228.3 Definitions.
228.4 Plan of operations?notice of intent?
requirements.
228.5 Plan of operations?approval.
228.8 Availability of information to the
public.
228.7 Inspection, noncompliance.
228.8 Requirements for environmental
protection.
228.9. Maintenance during operations, public
safety.
228.10 Cessation of operations, removal of
structures and equipment. .
228.11 Prevention and control of fire.
228.12 Access.
228.13 Bonds.
228.14 Appeals.
228.15 Operations within National Forest
Wilderness.
Subpart 13?Leasable Minerals
Sec.
228.20-228.39 jReservedJ
Subpart C?Disposable Mineral Materials
Sec.
228.40-228.79 [Reserved)
Subpart D?lAiscettaneous Minerals
Provisions
Sec.
228.80-228.99 (Reserved)
Authority.: 30 Stat. 35 and 36, as amender!
(16 U.S.C. 478, 551).
John R. Block,
SeCretary.
June 12, 1981.
Dec.lF 81-2.1ra. Filed 7-13-81 8,45
BILLING CODE 3410-114.1
? GENERAL SERVICES
ADMINISTRATION
41 CFR Ch. 1
[FPR Temp. Reg. 62]
Agency Responsibility and
Accountability for ADP Acquisitions
Under GSA Delegations of Authority;
Temporary Regulations
AGENCY: General Services
Administration.
ACTION: Temporary regulation.
SUMMARY: This regulation recognizes
agency senior officials designated
pursuant to the Paperwork Reduction
Act of 1980 as responsible and
accountable for automatic data
processing (ADP) acquisitions made
under GSA delegations of procurement
authority. The basis for the regulation is
the July 1, 1981 effectivity of the -
Paperwork Reduction Act provision (44
U.S.C. 3505(c)(4)). The intended effect is
to conform pertinent GSA regulations to
the cited provision.
DATES: Effective date: July 1. 1981. -
Expiration date: This regulation exp:res
July 1, 1983, unless earlier revised or
superseded. Comments are due: On or
before September 30, 1981.
ADDRESS: Comments should be
addressed to: General Services
Administration (CPEP), Washington. DC
20405.
FOR FURTHER INFORMATION CONTACT:
Philip G. Read. Director. Federal
Procurement Regulations Directorate,
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Federal Register / Vol. 46. No. 134 / Tuesday, July 14, 1981 / Rules and Regulations
36143
Office of Acquisition Policy (703) 557-
8947.
(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))
In 41 CFR Chapter 1, the following
temporary regulation is added to the
appendix of the end of the chapter to
read as follows:
June 22, 1981:
To: Heads. of Federal agencies
Subject: Agency responsibility for the
conduct of and accountability for ADP
acquisitions under GSA delegations of
authority
Federal Procurement Regulations,
Temporary Regulation 62
1. Purpose. This temporary regulation
provides for the recognition of Federal
agency responsibilities under Pub. L. 98--
511 (the Paperwork Reduction Act of
1980) when submitting agency purchase
requests and conducting automatic data
processing (ADP) acquisitions made
pursuant to a delegation of authority
from the General Services
Administration (GSA) under section 111
of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 759).
2. Effective date. This regulation is
effective July 1, 1981.
3. Expiration date. This regulation
expires July 1, 1983. unless earlier
revised or superseded.
4. Background
a. The Paperwork Reduction Act of
1980 provides that the head of each ?
agency shall designate, by July 1, 1981, a
senior official (officials in DOD)'who
reports directlyto such agency head to
carry out the responsibilities of the
agency under the Act. This includes
responsibility for the conduct of and
accountability for any acquisitions made
pursuant to a delegation of procurement
authority pursuant to the Brooks Act
(Pub. L. 89-306). The provisions of the
Brooks Act pertinent to this action are
implemented by Subpart 1-4.11 of the
Federal Procurement Regulations.
b. In a memorandum dated November
14, 1980. the Administrator of General
Serviccs informed heads of departments
and agencies of an alternate procedure
for initiating their larger computer
acquisitions (45 FR 84151, December 22,
1980). These procedures are described in
GSA Bulletin FPMR F-123. Agencies
were requested to advise GSA in writing
of the names and titles of those officials
whom the agency had authorized to sign
agency submissions under this method.
c. In view of the actions to be taken
by agencies in implementing the
designated senior-official provisions of
the Paperwork Reduction Act, GSA is
adjusting applicable regulations to
recognize these officials in regard to
responsibility for the conduct of and
accountability for ADP acquisitions ?
under GSA delegations.
5. Explanation of changes
a. Section 1-4.1104 is amended by
designating paragraph (a) as (a)(1) and
adding subparagraphs (2) and (3) to
provide for agency notification to GSA'
of officials who will be assigned to
initiate and conduct acquisitions made
under GSA delegations as follows:
? 1-4.1104 Procurement authority. ?
(a)(1) To allow for the orderly
implementation of a program for the
economical and efficient procurement of
ADPE, commercially available software,
maintenance services, and related
supplies, agencies are authorized to
procure these items (i) in accordance
with the provisions of this ? 14.1104
provided that requirements are not
fragmented in order to circumvent the
established blanket delegation
thresholds or (ii) when a specific
delegation of procurement authority has
been provided in accordance with the
provisions of ?? 1-4.1105 and 1-4.1106.
However, the applicable provisions of
FPMR Subchapter F shall be complied
with before initiating a procurement
action.
(2) The provisions of Public Law 96-
511 (the Paperwork Reduction Act of
1980) direct each executive agency head
to designate a senior official (officials in
DOD) reporting to the agency head to be
responsible for implementing the Act:
This designated senior official is
assigned responsibility for the conduct
of and accountability for any
acquisitions made pursuant to a
delegation of authority under section 111
of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 759) (see 44 U.S.C. 3506(c)(4)).
(3) The designated senior official in
each agency shall advise GSA in writing
of the names and titles of those officials
whom he or she has assigned (i) to .
initiate acquisition actions, and (ii) to
conduct authorized acquisitions (see
also ?? 1-4.1105 and 1-4.1107). The
designated senior official shall maintain
current listings. Listings should be
addressed to GSA (CPS), Washington,
D.C. 20405.
* * *
b. Section 1-4 1105 is amended by
revising the preamble to provide that
agency procurement requests must be
submitted by the agency designated
senior official or by an official assigned
by the senior official as follows:
? 1-4.1105 Request for procurement
action.
If an agency determines That the
conditions of the contemplated
?
procurement are not covered by the
provisions of 1 1-4.1104, or if the
conditions of the contemplated
procurement change during the
procurement process in such manner as
to remove it from those provisions, four
copies of the agency procurement
request (APR) and 'other applicable
documents shall be forwarded to the
General Services Administration (CPS),
Washington, DC 20405. The APR shall
be signed by an official who has been
assigned to initiate the acquisition
action and shall specify the name of the
official who has been assigned to
conduct the procurement (see
I 1-4.1104(a)). GSA.will process only -
those submissions signed by authorized
officials. Other submissions will be
returned without action to the
submitting office for resubmission by an
authorized agency official. In addition,
the APR shall contain the name and
telephone number of an individual
within the agency who shall act as the
point of contact with GSA. The APR
shall include, as applicable:
* *
c. Section 1-4.1107 is revised to
provide that GSA will consider the
agency designated senior official to be
responsible for the conduct of a
specified procurement made under
either a blanket or individual delegation
of procurement authority as follows:
?1-4.1107 Federal agency responsibility
when procurement Is delegated by GSA.
When acting under a GSA delegation
of procurement authority under either
?? 1-4.1104 or 1-4.1100, the agency
designated senior official is responsible
for compliance with applicable
procurement policies, regulations, and,
in particular, ? 1-4.1109 and the specific ?
terms of the delegation (see
? 1-4.1104(a)).
d. With regard to the alternate
information submission method
authorized by the Administrator of
General Services and described in GSA.
Bulletin FPMR F-126. the following
provisions apply.
(1) The provisions set forth in
subparagraphs a, b, and c of paragraph 5
of this regulation apply to submissions
under the F-126 bulletin procedures. -
(2) Agency listings of authorized
officials submitted to GSA pursuant to
paragraph 5 of the F-128 bulletin will
not be honored unless submitted by the
agency designated senior official.
(3) Agency submissions (F-126
bulletin, Attachment A format) dated on
or after July 1, 1981, shall be signed by
an official who has been assigned to
initiate the acquisition action. The
submission shall specify the name of the
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? IF
36144 Federal Register / Vol. 48. No. 139 / Tuesday, July 14, 1981 1 Rules and Regulations
official who has been assigned to
conduct the procurement. Other
submissions dated on or after July 1.
1981, will be returned, without action, to
the submitting office for resubmission by.
an authorized officiaL
6. Agency action. Pending the
issuance of a permanent amendment to
the FPR, agencies shall follow the
'provisions in this temporary regulation.
Timely agency submission of the listing
of authorized officials will contribute to
efficient implementation of the
applicable portion of the Paperwork
Reduction Act.
7. Submission of comments. Time
does not permit the solicitation of
comments prior to the issuance of this
regulation. However, comments are '
invited concerning the effect or impact
of this regulation and the policy and
procedures that should be adopted in
the future. Comments should be
forwarded to the General Services
Administration (CPEP), Washington, DC
20405, not later than September 30, 1981.
Ray Kline,
Acting Administrator of General Services.
IFR Doc 81-20512 Filed 7-13-.81.: 895 am)
BILUNG CODE essoao-m
? DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Parts 60-1, 60-2, 60-4, 60-20,
60-30,60-50, 60-60, 60-250, and 60-
741
Government Contractors; Affirmative
Action Requirements; Further Deferral
of Effective Date of Regulations
-AGENCY: Office of Federal Contract
Compliance Programs (OFCCP). Labor.
ACTION: Notice of further deferral of
effective date of final rule.
SUMMARY: This notice further defers the
effective date of certain OFCCP
regulations regarding affirmative action
requirements from July 15, 1981, until
August 26, 1981.
DATES: The effective date is deferred
until August 26, 1981. .
FOR FURTHER INFORMATION CONTACT:
James W. Cisco, Acting Director,
Division-of Program Policy, Office of
Federal Contract Compliance Programs,
Room C-3324, U.S. Department of Labor,
Washington, D.C. 20210, Telephone (202)
523-9426.
SUPPLEMENTARY INFORMATION: On
December 30, 1980, the Department
Labor published a final rule (see 45 FR
86215; corrected January 23, 1981. at 46
FR 7332) revising the regulations at 41
CFR Chapter 60 which implement (1)
Executive Order 11246, as amended, (2)
section 402 of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974
and (3) section 503 of the Rehabilitation
Act of 1973, as amended. The rule was
scheduled to take effect on January 29,
1981. On January 28, 1981, a notice was
published in the Federal Register (48 FR
9084) delaying the effective date of the
rule until April 29, 1981, to allow the
Department of Labor to conduct a full ?
review of the regulation. Subsequently,
in separate notices in the Federal
Register on April 28, 1981, (48 FR 23742)
and June 26, 1981, (48 FR 33033), the
effective date of the regulations .was
deferred up to and until July 15, 1981.
During the period that the effective
date of the regulation has been deferred,
the Department of Labor met with
representatives of contractor groups
covered by the laws administered by
OFCCP, representatives of public
interest groups which are interested in
the protections afforded under those
laws, and with representatives of
organized labor. The purpose of these
meeting was to share with these groups
the agency's general notions as to how
the regulations might be improved and
to elicit any questions which the groups
might have concerning the agency's -
approach prior to the formal submission
of the regulations and commencement of
formal consultations under applicable
Executive Orders discussed more fully
below. Several groups thereafter
submitted written comments, which the
Department has analyzed in the course
of reviewing the rules.
The Department alao conducted a
preliminary regulatory impact analysis
? under Executive Order 12291. For the
most part, the regulations reviewed and
analyzed pursuant to Executive Order
12291 were those contained in the
December 30, 1980, Federal Register.
However, the review and analysis did
include some of the regulations in 41
CFR Chapter 60 which had not been
amended by the December 30, 1980, final
rule. '
? As a result of this review and analysis
described above, the Department of
Labor has developed a proposed
regulation. The proposed regulation has
been submitted to the Office of
Management and Budget pursuant to
Executive Order 12291 and to the Equal
Employment Opportunity Commission,
pursuant to Executive Order 12067. It is
now apparent. however, that the
intergovernmental review and
consultation procedures required to be
followed for a regulation of this type ?
cannot be completed prior to July 15,
1981, the date on which the December
30. 1980, rule is scheduled to go into
effect. Accordingly, the December 30,
1980, rule's effective date is further
deferred until August 26, 1981, to allow
adequate time to complete the
Intergovernmental consultations and
review procedures mentioned above.
This document will further defer the
effective date of these regulations until
August 28. 1981. The time required for
such consultation constitutes good cause
for this deferral. For this reason and
because these rules are scheduled to
become effective very shortly,
additional notice and public procedure
on this change of effective dates is
impracticable, unnecessary and contrary
to the public interest and good cause
exists for making this postponement
effective immediately. This finding is
made pursuant to 5 U.S.C. 553 (b)(3)(B).
In addition and in connection with the
Department's anticipated proposed
rulemaking discussed above, published
elsewhere in the Federal Register today
is a notice of advanced rulemaking on
the following questions: (1) methods for
determining the availability of
minorities and women (the "eight
factor" analysis prescribed by 41 CFR
60-2.11(b)); (2) whether monetary relief
(back pay) should be eliminated as a
remedy under Executive Order 11246
and whether back pay may be used in
some special way to induce contractors
to comply with the Executive Order; (3)
alternative methods for setting minority
and female utilikation goals for
construction contractors; and (4)
whether the nondiscrimination and
affirmative action requirements for ?
covered construction contractors should
apply only to Federal and federally
assisted construction work, to all work
(both Federal and non-federal) in any
geographic area in which the contractor
has a Federal or federally assisted
construction contract, or to all Federal
and non-federal projects nationwide.
Signed at Washington, D.C., this 9th day of
July 1981.
Robert B. Gayer,
Deputy Under Secretary for Employmetit
Standards.
Ellen M. Shang,
Director, OFCCP.
IFR Doc. 81-2=1 Mod 7-IS-at; 845 nal
BILLING CODE 45118-27.-61
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