General Services Acquisition Regulation; GSAR Case 2006-G518; Rewrite of GSAR Part 547, Transportation, 32277-32278 [E8-12694]

Download as PDF Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules 537.110 [Amended] 3. Amend section 537.110 by removing from paragraph (a) ‘‘initiated’’ and adding ‘‘initiated with Ability One’’ in its place. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.237–70 [Amended] 4. Amend section 552.237–70 by revising the date of the provision to read ‘‘(Date)’’; and removing from paragraph (a) ‘‘In order to’’ and adding ‘‘To’’ in its place. 552.237–73 [Amended] 5. Amend 552.237–73 by revising the date of the clause to read ‘‘(Date)’’; and removing from paragraph (b) ‘‘individual’’ and adding ‘‘entity’’ in its place. [FR Doc. E8–12571 Filed 6–5–08; 8:45 am] BILLING CODE 6820–61–S GENERAL SERVICES ADMINISTRATION 48 CFR Parts 547 and 552 [GSAR Case 2006–G518; Docket 2008–0007; Sequence 6] RIN 3090–AI52 General Services Acquisition Regulation; GSAR Case 2006–G518; Rewrite of GSAR Part 547, Transportation Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule with request for comments. dwashington3 on PRODPC61 with PROPOSALS AGENCY: SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise GSAR language that provides requirements for transportation. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can use when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register. VerDate Aug<31>2005 11:59 Jun 05, 2008 Jkt 214001 This is one of the series of revisions to 48 CFR Chapter 5. It covers the rewrite of GSAR Part 547, Transportation. Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2006–G518 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR Case 2006–G518’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2006– G518. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2006–G518’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR Case 2006–G518 in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Jeritta Parnell at (202) 501–4082, or by e-mail at jeritta.parnell@gsa.gov. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC 20405, (202) 501–4755. Please cite GSAR Case 2006–G518. SUPPLEMENTARY INFORMATION: DATES: A. Background The GSAR Rewrite Project On February 15, 2006, GSA published an Advance Notice of Proposed Rulemaking (ANPR) with request for comments because GSA is beginning the review and update of the General Services Administration Acquisition Regulation (GSAR). The GSAR rewrite will— • Consider comments received from the ANPR, published in the Federal Register at 71 FR 7910, February 15, 2006. • Change ‘‘you’’ to ‘‘contracting officer.’’ PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 32277 • Maintain consistency with the FAR but eliminate duplication. • Revise GSAR sections that are out of date, or impose inappropriate burdens on the Government or contractors, especially small businesses. • Streamline and simplify by incorporation of all GSA acquisition policies, i.e., acquisition letters, alerts, and FAS manual information. In addition, GSA has recently reorganized into two, rather than three services. Therefore, the reorganization of the Federal Supply Service (FSS) and the Federal Technology Service (FTS) into the Federal Acquisition Service (FAS) will be considered in the rewrite initiative. The Rewrite of Part 547 This proposed rule contains the revisions made to Part 547, Transportation. The information contained in the five sections; 547.300, 547.303, 547.304, 547.305, and 547.370 is proposed for deletion from Part 547. In addition, clauses 552.247–70, Placarding Railcar Shipments, and 552.247–71, Diversion of Shipment Under f.o.b. Destination Contracts, are proposed for deletion from 552.547. This information is deemed specific to the FAS organization and its special order program and stock program. This information is not used in the Multiple Award Schedule Program. The coverage and the clauses were evaluated and deemed not necessary for inclusion into the GSAR. The FAR coverage in 47.103, 47.3, and 52.243–1 (48 CFR Chapter 1) is sufficient and does not need to be supplemented by further information in the GSAR. Discussion of Comments As a result of the ANPR, GSA received one comment pertaining to GSAR Part 547. One commenter suggested making the GSAR consistent with the FAR and to eliminate inconsistencies and redundancies between the FAR and GSAR. The commenter further provided an example of a FAR deviation used under a Federal Supply Schedule 70, stating ‘‘that GSA should consider whether the various delivery and packaging requirements can be simplified and require delivery and packaging that comports with the contractor’s standard commercial practices.’’ GSA partially agrees with the commenter and has initiated this rewrite of the GSAM/GSAR to correct or clarify such inconsistencies. However, GSA believes that in this instance cited by the commenter, that the risk of loss or damage to supplies shall remain with the contractor until the Government takes possession of the supplies, as E:\FR\FM\06JNP1.SGM 06JNP1 32278 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules specified f.o.b. origin or destination, whichever the contract so states. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The General Services Administration does not expect this proposed 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 will delete information and clauses that are deemed unnecessary. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. GSA will consider comments from small entities concerning the affected GSAR Parts 547 and 552 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (GSAR case 2006– G518), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the GSAM do not impose 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 Parts 547 and 552 Government procurement. Dated: June 2, 2008. Al Matera, Director, Office of Acquisition Policy, General Services Administration. Therefore, GSA proposes to amend 48 CFR parts 547 and 552 as set forth below: 1. The authority citation for 48 CFR parts 547 and 552 is revised to read as follows: AUTHORITY: 40 U.S.C. 121(c). dwashington3 on PRODPC61 with PROPOSALS PART 547 [RESERVED] 2. Part 547 is removed and reserved. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.247–70 [Removed] 3. Section 552.247–70 is removed. VerDate Aug<31>2005 11:59 Jun 05, 2008 Jkt 214001 552.247–71 [Removed] 4. Section 552.247–71 is removed. [FR Doc. E8–12694 Filed 6–5–08; 8:45 am] BILLING CODE 6820–61–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 080509647–8651–01] RIN 0648–AW84 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: SUMMARY: The National Marine Fisheries Service (NMFS) proposes to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP), to delay the effective date of one of the broad-based gear modifications and remove one of the gear-related definitions required in the recent amendment to the ALWTRP. Specifically, NMFS is proposing to delay the broad-based sinking groundline requirement for trap/pot fishermen in the Atlantic for an additional six months, from October 5, 2008 to April 5, 2009. Additionally, the proposed rule would delete the ‘‘neutrally buoyant line’’ term from the regulations to avoid any potential confusion with the requirements and assist enforcement efforts. DATES: Comments on the proposed rule must be received by 5 p.m. EST on July 7, 2008. ADDRESSES: Comments may be submitted on this proposed rule, identified by RIN 0648–AW84, by any one of the following methods: (1) Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. (2) Mail: Mary Colligan, Assistant Regional Administrator for Protected Resources, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 01930, ATTN: ALWTRP Proposed Rule. (3) Facsimile (fax) to: 978–281–9394, Attn: Diane Borggaard Instructions: All comments received are a part of the public record and will PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 generally be posted to https:// www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of the Regulatory Impact Review related to this action can be obtained from the ALWTRP website listed under the Electronic Access portion of this document or writing Diane Borggaard, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 01930. For additional ADDRESSES and web sites for document availability see SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast Region, 978–281–9300 Ext. 6503; or Kristy Long, NMFS, Office of Protected Resources, 301–713–2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at https:// www.nero.noaa.gov/whaletrp/. The complete text of the regulations implementing the ALWTRP can be found either in the Code of Federal Regulations (CFR) at 50 CFR 229.32 or downloaded from the website, along with a guide to the regulations. Background In response to the continued serious injury and mortality of large whales from entanglement in commercial fishing gear, NMFS determined that additional modifications to the ALWTRP were warranted. Subsequently, in October 2007, NMFS finalized an amendment to the ALWTRP which implemented a broad-based gear modification strategy that included additional regulated fisheries; expanded weak link and sinking groundline requirements; additional gear marking requirements; changes in boundaries; seasonal restrictions for gear modifications; expanded exempted areas; and regulatory language changes for the purposes of clarification and consistency (72 FR 57104, October 5, 2007; 73 FR 19171, April 9, 2008). Most modifications became effective November 5, 2007, and April 5, 2008, except for one broad-based requirement E:\FR\FM\06JNP1.SGM 06JNP1

Agencies

[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32277-32278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12694]


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

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 547 and 552

[GSAR Case 2006-G518; Docket 2008-0007; Sequence 6]
RIN 3090-AI52


General Services Acquisition Regulation; GSAR Case 2006-G518; 
Rewrite of GSAR Part 547, Transportation

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule with request for comments.

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

SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Acquisition Regulation (GSAR) to revise GSAR 
language that provides requirements for transportation. This rule is a 
result of the General Services Administration Acquisition Manual (GSAM) 
Rewrite initiative undertaken by GSA to revise the GSAM to maintain 
consistency with the FAR, and to implement streamlined and innovative 
acquisition procedures that contractors, offerors and GSA contracting 
personnel can use when entering into and administering contractual 
relationships. The GSAM incorporates the General Services 
Administration Acquisition Regulation (GSAR) as well as internal agency 
acquisition policy. GSA will rewrite each part of the GSAR and GSAM, 
and as each GSAR part is rewritten, will publish it in the Federal 
Register.
    This is one of the series of revisions to 48 CFR Chapter 5. It 
covers the rewrite of GSAR Part 547, Transportation.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 5, 2008 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2006-G518 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2006-G518'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2006-G518. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2006-G518'' on your attached 
document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2006-
G518 in all correspondence related to this case. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Jeritta Parnell at (202) 501-4082, or by e-mail at 
jeritta.parnell@gsa.gov. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2006-G518.

SUPPLEMENTARY INFORMATION:

A. Background

The GSAR Rewrite Project
    On February 15, 2006, GSA published an Advance Notice of Proposed 
Rulemaking (ANPR) with request for comments because GSA is beginning 
the review and update of the General Services Administration 
Acquisition Regulation (GSAR).
    The GSAR rewrite will--
     Consider comments received from the ANPR, published in the 
Federal Register at 71 FR 7910, February 15, 2006.
     Change ``you'' to ``contracting officer.''
     Maintain consistency with the FAR but eliminate 
duplication.
     Revise GSAR sections that are out of date, or impose 
inappropriate burdens on the Government or contractors, especially 
small businesses.
     Streamline and simplify by incorporation of all GSA 
acquisition policies, i.e., acquisition letters, alerts, and FAS manual 
information.
    In addition, GSA has recently reorganized into two, rather than 
three services. Therefore, the reorganization of the Federal Supply 
Service (FSS) and the Federal Technology Service (FTS) into the Federal 
Acquisition Service (FAS) will be considered in the rewrite initiative.
The Rewrite of Part 547
    This proposed rule contains the revisions made to Part 547, 
Transportation. The information contained in the five sections; 
547.300, 547.303, 547.304, 547.305, and 547.370 is proposed for 
deletion from Part 547. In addition, clauses 552.247-70, Placarding 
Railcar Shipments, and 552.247-71, Diversion of Shipment Under f.o.b. 
Destination Contracts, are proposed for deletion from 552.547. This 
information is deemed specific to the FAS organization and its special 
order program and stock program. This information is not used in the 
Multiple Award Schedule Program. The coverage and the clauses were 
evaluated and deemed not necessary for inclusion into the GSAR. The FAR 
coverage in 47.103, 47.3, and 52.243-1 (48 CFR Chapter 1) is sufficient 
and does not need to be supplemented by further information in the 
GSAR.
Discussion of Comments
    As a result of the ANPR, GSA received one comment pertaining to 
GSAR Part 547.
    One commenter suggested making the GSAR consistent with the FAR and 
to eliminate inconsistencies and redundancies between the FAR and GSAR. 
The commenter further provided an example of a FAR deviation used under 
a Federal Supply Schedule 70, stating ``that GSA should consider 
whether the various delivery and packaging requirements can be 
simplified and require delivery and packaging that comports with the 
contractor's standard commercial practices.'' GSA partially agrees with 
the commenter and has initiated this rewrite of the GSAM/GSAR to 
correct or clarify such inconsistencies. However, GSA believes that in 
this instance cited by the commenter, that the risk of loss or damage 
to supplies shall remain with the contractor until the Government takes 
possession of the supplies, as

[[Page 32278]]

specified f.o.b. origin or destination, whichever the contract so 
states.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration does not expect this proposed 
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 will delete information and 
clauses that are deemed unnecessary. An Initial Regulatory Flexibility 
Analysis has, therefore, not been performed. We invite comments from 
small businesses and other interested parties. GSA will consider 
comments from small entities concerning the affected GSAR Parts 547 and 
552 in accordance with 5 U.S.C. 610. Interested parties must submit 
such comments separately and should cite 5 U.S.C. 601, et seq. (GSAR 
case 2006-G518), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAM do not impose 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 Parts 547 and 552

    Government procurement.

    Dated: June 2, 2008.
Al Matera,
Director, Office of Acquisition Policy, General Services 
Administration.
    Therefore, GSA proposes to amend 48 CFR parts 547 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 547 and 552 is revised 
to read as follows:

    AUTHORITY:  40 U.S.C. 121(c).

PART 547 [RESERVED]

    2. Part 547 is removed and reserved.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.247-70  [Removed]

    3. Section 552.247-70 is removed.


552.247-71  [Removed]

    4. Section 552.247-71 is removed.
[FR Doc. E8-12694 Filed 6-5-08; 8:45 am]
BILLING CODE 6820-61-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.