Federal Emergency Management Agency (FEMA) Acquisition Regulation System; Removal of Chapter 44, 20757 [E7-7971]

Download as PDF Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: April 16, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7–7970 Filed 4–25–07; 8:45 am] BILLING CODE 9110–12–P unnecessary. FEMA has not received an adverse comment, or notice of intent to submit an adverse comment, on this rule. Therefore, the rule will go into effect as scheduled. Dated: April 19, 2007. R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7–7971 Filed 4–25–07; 8:45 am] BILLING CODE 9110–49–P DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF DEFENSE Federal Emergency Management Agency Defense Acquisition Regulations System 48 CFR Chapter 44 RIN 0750–AF60 RIN 1660–AA46 Federal Emergency Management Agency (FEMA) Acquisition Regulation System; Removal of Chapter 44 Federal Emergency Management Agency, DHS. ACTION: Direct final rule; confirmation of effective date. AGENCY: The Federal Emergency Management Agency (FEMA) published a direct final rule that notified the public of its intent to remove the FEMA Acquisition Regulation in its entirety. FEMA did not receive any comments on the rule. Therefore, the rule will go into effect as scheduled. DATES: The effective date of the direct final rule published March 2, 2007 (72 FR 9445) is confirmed as May 1, 2007. FOR FURTHER INFORMATION CONTACT: Joyce M. Ard, Federal Emergency Management Agency, 500 C Street, SW., Patriot Plaza Room 201, Washington DC, 20472, (phone) 202–646–3213, (facsimile) 202–646–2928, or (e-mail) joyce.ard@dhs.gov. SUMMARY: On March 2, 2007, FEMA published a direct final rule at 72 FR 9445 that notified the public of FEMA’s intent to remove the FEMA Acquisition Regulation (FEMAAR) at 48 CFR Chapter 44 in its entirety. The specific language and subsequent clauses are removed as a result of the transfer of FEMA to the Department of Homeland Security (DHS) on March 1, 2003. The Homeland Security Acquisition Regulation (HSAR) created a department-wide acquisition regulation for DHS in 48 CFR Chapter 30, and included FEMA in the list of entities for which the chapter applied, thereby superseding and making 48 CFR Chapter 44 duplicative and pwalker on PROD1PC71 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:20 Apr 25, 2007 Jkt 211001 Defense Federal Acquisition Regulation Supplement; Acquisition Integrity (DFARS Case 2006–D044) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the separation of Government functions for oversight, source selection, contract negotiation, and contract award. The rule contains best practice policies for use by the military departments and defense agencies. EFFECTIVE DATE: April 26, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Gary Delaney, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–8384; facsimile (703) 602–0350. Please cite DFARS Case 2006–D044. SUPPLEMENTARY INFORMATION: A. Background This final rule adds a new section at DFARS 203.170 to address requirements for the separation of Government functions for oversight, source selection, contract negotiation, and contract award. The rule contains best practice policies to ensure the separation of such functions. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on PO 00000 Frm 00057 Fmt 4700 contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006–D044. 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 203 Government procurement. 48 CFR Part 203 [Docket ID FEMA–2006–0033] 20757 Sfmt 4700 Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 203 is amended as follows: I PART 203—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 1. The authority citation for 48 CFR part 203 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 203.170 is added to read as follows: I 203.170 Business practices. To ensure the separation of functions for oversight, source selection, contract negotiation, and contract award, departments and agencies shall adhere to the following best practice policies: (a) Senior leaders shall not perform multiple roles in source selection for a major weapon system or major service acquisition. (b) Vacant acquisition positions shall be filled on an ‘‘acting’’ basis from below until a permanent appointment is made. To provide promising professionals an opportunity to gain experience by temporarily filling higher positions, these oversight duties shall not be accrued at the top. (c) Acquisition process reviews of the military departments shall be conducted to assess and improve acquisition and management processes, roles, and structures. The scope of the reviews should include— (1) Distribution of acquisition roles and responsibilities among personnel; (2) Processes for reporting concerns about unusual or inappropriate actions; and (3) Application of DoD Instruction 5000.2, Operation of the Defense E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Page 20757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7971]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

48 CFR Chapter 44

[Docket ID FEMA-2006-0033]
RIN 1660-AA46


Federal Emergency Management Agency (FEMA) Acquisition Regulation 
System; Removal of Chapter 44

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: The Federal Emergency Management Agency (FEMA) published a 
direct final rule that notified the public of its intent to remove the 
FEMA Acquisition Regulation in its entirety. FEMA did not receive any 
comments on the rule. Therefore, the rule will go into effect as 
scheduled.

DATES: The effective date of the direct final rule published March 2, 
2007 (72 FR 9445) is confirmed as May 1, 2007.

FOR FURTHER INFORMATION CONTACT: Joyce M. Ard, Federal Emergency 
Management Agency, 500 C Street, SW., Patriot Plaza Room 201, 
Washington DC, 20472, (phone) 202-646-3213, (facsimile) 202-646-2928, 
or (e-mail) joyce.ard@dhs.gov.

SUPPLEMENTARY INFORMATION: On March 2, 2007, FEMA published a direct 
final rule at 72 FR 9445 that notified the public of FEMA's intent to 
remove the FEMA Acquisition Regulation (FEMAAR) at 48 CFR Chapter 44 in 
its entirety. The specific language and subsequent clauses are removed 
as a result of the transfer of FEMA to the Department of Homeland 
Security (DHS) on March 1, 2003. The Homeland Security Acquisition 
Regulation (HSAR) created a department-wide acquisition regulation for 
DHS in 48 CFR Chapter 30, and included FEMA in the list of entities for 
which the chapter applied, thereby superseding and making 48 CFR 
Chapter 44 duplicative and unnecessary. FEMA has not received an 
adverse comment, or notice of intent to submit an adverse comment, on 
this rule. Therefore, the rule will go into effect as scheduled.

    Dated: April 19, 2007.
R. David Paulison,
Administrator, Federal Emergency Management Agency, Department of 
Homeland Security.
 [FR Doc. E7-7971 Filed 4-25-07; 8:45 am]
BILLING CODE 9110-49-P