Defense Federal Acquisition Regulation Supplement; Extraordinary Contractual Actions, 6393-6394 [05-2173]

Download as PDF Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules If you are sending this type of document or using this delivery method . . . It should be addressed for delivery to . . . United States Postal Service first-class mail, Express Mail, and Priority Mail. 6393 445 12th Street, SW., Washington, DC 20554. 22. Parties who choose to file by paper should also submit their comments on diskette. These diskettes, plus one paper copy, should be submitted to: Sheryl Todd, Telecommunications Access Policy Division, Wireline Competition Bureau, Federal Communications, at the filing window at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. Such a submission should be on a 3.5inch diskette formatted in an IBM compatible format using Word or compatible software. The diskette should be accompanied by a cover letter and should be submitted in ‘‘read only’’ mode. 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Regardless of whether parties choose to file electronically or by paper, parties should also file one copy of any documents filed in this docket with the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., CY–B402, Washington, DC 20554 (see alternative addresses above for delivery by hand or messenger) (telephone (202) 488–5300; facsimile (202) 488–5563) or via e-mail at qualexint@aol.com. 24. The full text of this document is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC, 20554. This document may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC, 20554, telephone (202) 488–5300, facsimile (202) 488–5563, or via e-mail qualexint@aol.com. VerDate jul<14>2003 16:09 Feb 04, 2005 Jkt 205001 I. Further Information 25. Alternative formats (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418–7426 voice, (202) 418–7365 TTY, or bmillin@fcc.gov. This FNPRM can also be downloaded in Microsoft Word and ASCII formats at https://www.fcc.gov/ccb/ universalservice/highcost. 26. For further information, contact Regina Brown at (202) 418–0792 or Dana Bradford at (202) 418–1932 in the Telecommunications Access Policy Division, Wireline Competition Bureau. III. Ordering Clauses 27. Pursuant to the authority contained in §§ 1, 4(i), 4(j), 201–205, 214, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201–205, 214, 254, and 403, this Further Notice of Proposed Rulemaking is adopted. 28. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–2268 Filed 2–4–05; 8:45 am] BILLING CODE 6712–01–P undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before April 8, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003–D048, using any of the following methods: » Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. » Defense Acquisition Regulations Web site: https://emissary.acq.osd.mil/ dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments. » E-mail: dfars@osd.mil. Include DFARS Case 2003–D048 in the subject line of the message. » Fax: (703) 602–0350. » Mail: Defense Acquisition Regulations Council, Attn: Mr. Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. » Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602–0296. SUPPLEMENTARY INFORMATION: A. Background DEPARTMENT OF DEFENSE 48 CFR Part 250 [DFARS Case 2003–D048] Defense Federal Acquisition Regulation Supplement; Extraordinary Contractual Actions Department of Defense (DoD). Proposed rule with request for comments. AGENCY: ACTION: SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to processing of requests for extraordinary contract adjustments. This proposed rule is a result of a transformation initiative PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at https://www.acq.osd.mil/dpap/dfars/ transf.htm. E:\FR\FM\07FEP1.SGM 07FEP1 6394 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules This proposed rule is a result of the DFARS Transformation initiative. The proposed DFARS changes— » Update requirements for DoD processing of requests for extraordinary contract adjustments; and » Delete procedures for preparation of records and submittal of requests to a contract adjustment board. Text on this subject will be relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at https:// www.acq.osd.mil/dpap/dars/pgi. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule addresses internal administrative DoD procedures for processing requests for extraordinary contract adjustments. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2003–D048. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 250 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR Part 250 as follows: 1. The authority citation for 48 CFR Part 250 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 250—EXTRAORDINARY CONTRACTUAL ACTIONS Records. Follow the procedures at PGI 250.105 for preparation of records. VerDate jul<14>2003 16:09 Feb 04, 2005 Jkt 205001 DEPARTMENT OF COMMERCE 250.201–70 50 CFR Part 226 Delegations. (a) Military Departments. The Departments of the Army, Navy and Air Force will specify delegations and levels of authority for actions under the Act and the Executive Order in departmental supplements or agency acquisition guidance. (b) * * * The agency supplements or agency acquisition guidance shall specify the delegations and levels of authority. * * * * * 4. Subpart 250.3 is revised to read as follows: Subpart 250.3—Contract Adjustments Sec. 250.303–1 Contractor requests. 250.305 Processing cases. 250.306 Disposition. 250.303–1 Contractor requests. Requests should be filed with the procuring contracting officer (PCO). However, if filing with the PCO is impractical, requests may be filed with an authorized representative, an administrative contracting officer, or the Office of General Counsel of the applicable department or agency, for forwarding to the cognizant PCO. 250.305 Processing cases. (1) At the time the request is filed, the activity shall prepare the record described at PGI 250.105(1)(i) and forward it to the appropriate official within 30 days after the close of the month in which the record is prepared. (2) The officer or official responsible for the case shall forward to the contract adjustment board, through departmental channels, the documentation described at PGI 250.305. (3) Contract adjustment boards will render decisions as expeditiously as practicable. The Chair shall sign a memorandum of decision disposing of the case. The decision shall be dated and shall contain the information required by FAR 50.306. The memorandum of decision shall not contain any information classified ‘‘Confidential’’ or higher. The board’s decision will be sent to the appropriate official for implementation. 250.306 2. Section 250.105 is revised to read as follows: 250.105 3. Section 250.201–70 is amended by revising paragraph (a) and the last sentence of paragraph (b) introductory text to read as follows: Disposition. For requests denied or approved below the Secretarial level, follow the disposition procedures at PGI 250.306. [FR Doc. 05–2173 Filed 2–4–05; 8:45 am] BILLING CODE 5001–08–P PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 National Oceanic and Atmospheric Administration [Docket Nos. 030716175–4327–03, 041123329–4329–01; I.D. Nos. 070303A, 110904F] RIN 0648–AQ77, 0648–AO04 Endangered and Threatened Species; Extension of Public Comment Period on Proposed Critical Habitat Designations for West Coast Salmonids National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; extension of public comment period. AGENCY: SUMMARY: We, the National Marine Fisheries Service (NMFS), are extending the comment period on proposed critical habitat designations for 20 Evolutionarily Significant Units (ESUs) of Pacific salmon and O. mykiss (inclusive of anadromous steelhead and resident rainbow trout) listed under the Endangered Species Act of 1973, as amended (ESA). The proposed designations include habitat areas in California, Oregon, Washington, and Idaho. A recent court-approved Amendment to the Consent Decree, that established the schedule for completing these designations, extends the comment period until March 14, 2005, and the date to submit final rules until August 15, 2005. These extensions will allow the public additional time to provide information related to the proposed designations and will provide NMFS with the time needed to review, consider, and respond to comments. We are soliciting information and comments from the public on all aspects of the proposals, including information on the economic, national security, and other relevant impacts of the proposed designations. DATES: Written comments are due by 5 p.m. Pacific Standard Time on March 14, 2005. ADDRESSES: Comments pertaining to California ESUs must include reference to docket number [041123329–4329–01] and RIN number [0648–AO04]. Comments pertaining to ESUs in Washington, Oregon, or Idaho must include reference to docket number [030716175–4327–03] and RIN number [0648–AQ77]. You may submit comments by any of the following methods: E:\FR\FM\07FEP1.SGM 07FEP1

Agencies

[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Proposed Rules]
[Pages 6393-6394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2173]


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DEPARTMENT OF DEFENSE

48 CFR Part 250

[DFARS Case 2003-D048]


Defense Federal Acquisition Regulation Supplement; Extraordinary 
Contractual Actions

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to processing 
of requests for extraordinary contract adjustments. This proposed rule 
is a result of a transformation initiative undertaken by DoD to 
dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before April 8, 2005, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D048, 
using any of the following methods:
    [ctrcir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ctrcir] Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    [ctrcir] E-mail: dfars@osd.mil. Include DFARS Case 2003-D048 in the 
subject line of the message.
    [ctrcir] Fax: (703) 602-0350.
    [ctrcir] Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
    [ctrcir] Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
https://www.acq.osd.mil/dpap/dfars/transf.htm.

[[Page 6394]]

    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed DFARS changes--
    [ctrcir] Update requirements for DoD processing of requests for 
extraordinary contract adjustments; and
    [ctrcir] Delete procedures for preparation of records and submittal 
of requests to a contract adjustment board. Text on this subject will 
be relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI), available at https://www.acq.osd.mil/dpap/dars/
pgi.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
addresses internal administrative DoD procedures for processing 
requests for extraordinary contract adjustments. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D048.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 250

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Part 250 as follows:
    1. The authority citation for 48 CFR Part 250 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS

    2. Section 250.105 is revised to read as follows:


250.105  Records.

    Follow the procedures at PGI 250.105 for preparation of records.
    3. Section 250.201-70 is amended by revising paragraph (a) and the 
last sentence of paragraph (b) introductory text to read as follows:


250.201-70  Delegations.

    (a) Military Departments. The Departments of the Army, Navy and Air 
Force will specify delegations and levels of authority for actions 
under the Act and the Executive Order in departmental supplements or 
agency acquisition guidance.
    (b) * * * The agency supplements or agency acquisition guidance 
shall specify the delegations and levels of authority.
* * * * *
    4. Subpart 250.3 is revised to read as follows:

Subpart 250.3--Contract Adjustments

Sec.
250.303-1 Contractor requests.
250.305 Processing cases.
250.306 Disposition.


250.303-1  Contractor requests.

    Requests should be filed with the procuring contracting officer 
(PCO). However, if filing with the PCO is impractical, requests may be 
filed with an authorized representative, an administrative contracting 
officer, or the Office of General Counsel of the applicable department 
or agency, for forwarding to the cognizant PCO.


250.305  Processing cases.

    (1) At the time the request is filed, the activity shall prepare 
the record described at PGI 250.105(1)(i) and forward it to the 
appropriate official within 30 days after the close of the month in 
which the record is prepared.
    (2) The officer or official responsible for the case shall forward 
to the contract adjustment board, through departmental channels, the 
documentation described at PGI 250.305.
    (3) Contract adjustment boards will render decisions as 
expeditiously as practicable. The Chair shall sign a memorandum of 
decision disposing of the case. The decision shall be dated and shall 
contain the information required by FAR 50.306. The memorandum of 
decision shall not contain any information classified ``Confidential'' 
or higher. The board's decision will be sent to the appropriate 
official for implementation.


250.306  Disposition.

    For requests denied or approved below the Secretarial level, follow 
the disposition procedures at PGI 250.306.

[FR Doc. 05-2173 Filed 2-4-05; 8:45 am]
BILLING CODE 5001-08-P
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