Defense Federal Acquisition Regulation Supplement; Security-Guard Functions (DFARS Case 2006-D050), 53156-53157 [E8-21373]
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53156
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
252.225–7033
[Amended]
12. Section 252.225–7033 is amended
in the introductory text by removing
‘‘225.1101(8)’’ and adding in its place
‘‘225.1101(9)’’.
■
252.225–7035
[Amended]
13. Section 252.225–7035 is amended
in the introductory text and in Alternate
I by removing ‘‘225.1101(9)’’ and adding
in its place ‘‘225.1101(10)’’.
■
252.225–7036
[Amended]
14. Section 252.225–7036 is amended
in the introductory text and in Alternate
I by removing ‘‘225.1101(10)’’ and
adding in its place ‘‘225.1101(11)’’.
■
[FR Doc. E8–21376 Filed 9–12–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
B. Regulatory Flexibility Act
Defense Acquisition Regulations
System
48 CFR Part 237
RIN 0750–AG04
Defense Federal Acquisition
Regulation Supplement; Limitation on
Service Contracts for Military Flight
Simulators (DFARS Case 2008–D013)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 883(b) of
the National Defense Authorization Act
for Fiscal Year 2008. Section 883(b)
changed the conditions under which
DoD may waive the prohibition on
entering into a service contract to
acquire a military flight simulator.
DATES: Effective Date: September 15,
2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0302;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D013.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
A. Background
Section 832 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364) established a
prohibition on the award of a DoD
service contract for the acquisition of a
military flight simulator, unless the
17:00 Sep 12, 2008
Jkt 214001
This rule will not have a significant
cost or administrative impact on
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 2008–D013.
C. Paperwork Reduction Act
SUMMARY:
VerDate Aug<31>2005
Secretary of Defense determines that a
waiver is necessary for national security
purposes and provides an economic
analysis to the congressional defense
committees. This prohibition and the
waiver authority are implemented at
DFARS 237.102–71.
Section 883(b) of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) amended the
conditions for waiver in Section 832 of
Public Law 109–364 by replacing
‘‘necessary for national security
purposes’’ with ‘‘in the national
interest’’. This final rule amends DFARS
237.102–71 to reflect the change made
by Section 883(b) of Public Law 110–
181.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
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 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 237 is
amended as follows:
■
PART 237—SERVICE CONTRACTING
1. The authority citation for 48 CFR
part 237 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 237.102–71 is amended by
revising paragraph (b) introductory text
and paragraph (b)(1) to read as follows:
■
237.102–71 Limitation on service
contracts for military flight simulators.
*
*
*
*
*
(b) Under Section 832 of Public Law
109–364, as amended by Section 883(b)
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
of Public Law 110–181, DoD is
prohibited from entering into a service
contract to acquire a military flight
simulator. However, the Secretary of
Defense may waive this prohibition
with respect to a contract, if the
Secretary—
(1) Determines that a waiver is in the
national interest; and
*
*
*
*
*
[FR Doc. E8–21374 Filed 9–12–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
RIN 0750–AF64
Defense Federal Acquisition
Regulation Supplement; SecurityGuard Functions (DFARS Case 2006–
D050)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 343 of
the National Defense Authorization Act
for Fiscal Year 2008. Section 343
extends, through September 30, 2012,
the period during which contractor
performance of security-guard functions
at military installations or facilities is
authorized to fulfill additional
requirements resulting from the terrorist
attacks on the United States on
September 11, 2001.
DATES: Effective date: September 15,
2008.
Comment date: Comments on the
interim rule should be submitted to the
address shown below on or before
November 14, 2008, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D050,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D050 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Michael
Benavides, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, 703–602–1302.
SUPPLEMENTARY INFORMATION:
DoD published an interim rule at 72
FR 51192 on September 6, 2007, to
implement Section 333 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364). Section
333 extended, through September 30,
2009, the period during which
contractor performance of securityguard functions at military installations
or facilities is authorized to fulfill
additional requirements resulting from
the terrorist attacks on the United States
on September 11, 2001, provided the
total number of personnel employed to
perform such functions does not exceed
specified limits. DoD received no
comments on the interim rule published
on September 6, 2007.
Section 343 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) further extended the
period during which contractor
performance of security-guard functions
at military installations or facilities is
authorized, and established
corresponding personnel limitations.
This second interim rule amends
DFARS 237.102–70 to reflect the
provisions of Section 343 of Public Law
110–181.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
jlentini on PROD1PC65 with RULES
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.
Although the rule may provide
opportunities for small business
concerns to receive contracts for the
performance of security-guard functions
at military installations or facilities, the
economic impact is not expected to be
substantial. 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 subpart
in accordance with 5 U.S.C. 610. Such
17:00 Sep 12, 2008
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.
D. Determination To Issue an Interim
Rule
A. Background
VerDate Aug<31>2005
comments should be submitted
separately and should cite DFARS Case
2006–D050.
Jkt 214001
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
Section 343 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). Section 343 extends,
through September 30, 2012, the period
during which contractor performance of
security-guard functions at military
installations or facilities is authorized to
fulfill additional requirements resulting
from the terrorist attacks on the United
States on September 11, 2001. Section
343 also places limitations on the total
number of personnel that may be
employed annually under this authority.
Comments received in response to this
interim rule will be considered in the
formation of the final rule.
List of Subjects in 48 CFR Part 237
53157
terrorist attacks on the United States on
September 11, 2001, if—
*
*
*
*
*
(iii) Contract performance will not
extend beyond September 30, 2012; and
(iv) The total number of personnel
employed to perform security-guard
functions under all contracts entered
into pursuant to this authority does not
exceed the following limitations:
(A) For fiscal year 2007, the total
number of such personnel employed
under such contracts on October 1,
2006.
(B) For fiscal year 2008, the number
equal to 90 percent of the total number
of such personnel employed under such
contracts on October 1, 2006.
(C) For fiscal year 2009, the number
equal to 80 percent of the total number
of such personnel employed under such
contracts on October 1, 2006.
(D) For fiscal year 2010, the number
equal to 70 percent of the total number
of such personnel employed under such
contracts on October 1, 2006.
(E) For fiscal year 2011, the number
equal to 60 percent of the total number
of such personnel employed under such
contracts on October 1, 2006.
(F) For fiscal year 2012, the number
equal to 50 percent of the total number
of such personnel employed under such
contracts on October 1, 2006.
*
*
*
*
*
[FR Doc. E8–21373 Filed 9–12–08; 8:45 am]
BILLING CODE 5001–08–P
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 237 is
amended as follows:
■
PART 237—SERVICE CONTRACTING
1. The authority citation for 48 CFR
Part 237 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 237.102–70 is amended by
revising paragraph (d)(1) introductory
text and paragraphs (d)(1)(iii) and (iv) to
read as follows:
■
237.102–70 Prohibition on contracting for
firefighting or security-guard functions.
*
*
*
*
*
(d)(1) Under Section 332 of Public
Law 107–314, as amended by Section
333 of Public Law 109–364 and Section
343 of Public Law 110–181, this
prohibition does not apply to any
contract that is entered into for any
increased performance of security-guard
functions at a military installation or
facility undertaken in response to the
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 080302357–8834–02]
RIN 0648–AT79
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule, correction.
AGENCY:
SUMMARY: This document contains a
correction to the final rule governing the
taking of marine mammals incidental to
the explosive removal of offshore
structures in the Gulf of Mexico that
was published in the Federal Register
on Thursday June 19, 2008.
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53156-53157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21373]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 237
RIN 0750-AF64
Defense Federal Acquisition Regulation Supplement; Security-Guard
Functions (DFARS Case 2006-D050)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 343 of
the National Defense Authorization Act for Fiscal Year 2008. Section
343 extends, through September 30, 2012, the period during which
contractor performance of security-guard functions at military
installations or facilities is authorized to fulfill additional
requirements resulting from the terrorist attacks on the United States
on September 11, 2001.
DATES: Effective date: September 15, 2008.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before November 14, 2008, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D050,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2006-D050 in the
subject line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062.
[[Page 53157]]
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 72 FR 51192 on September 6, 2007,
to implement Section 333 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364). Section 333 extended, through
September 30, 2009, the period during which contractor performance of
security-guard functions at military installations or facilities is
authorized to fulfill additional requirements resulting from the
terrorist attacks on the United States on September 11, 2001, provided
the total number of personnel employed to perform such functions does
not exceed specified limits. DoD received no comments on the interim
rule published on September 6, 2007.
Section 343 of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181) further extended the period during which
contractor performance of security-guard functions at military
installations or facilities is authorized, and established
corresponding personnel limitations. This second interim rule amends
DFARS 237.102-70 to reflect the provisions of Section 343 of Public Law
110-181.
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. Although the rule may
provide opportunities for small business concerns to receive contracts
for the performance of security-guard functions at military
installations or facilities, the economic impact is not expected to be
substantial. 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 subpart in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2006-D050.
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.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 343 of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). Section 343
extends, through September 30, 2012, the period during which contractor
performance of security-guard functions at military installations or
facilities is authorized to fulfill additional requirements resulting
from the terrorist attacks on the United States on September 11, 2001.
Section 343 also places limitations on the total number of personnel
that may be employed annually under this authority. Comments received
in response to this interim rule will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Part 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 237 is amended as follows:
PART 237--SERVICE CONTRACTING
0
1. The authority citation for 48 CFR Part 237 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 237.102-70 is amended by revising paragraph (d)(1)
introductory text and paragraphs (d)(1)(iii) and (iv) to read as
follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
* * * * *
(d)(1) Under Section 332 of Public Law 107-314, as amended by
Section 333 of Public Law 109-364 and Section 343 of Public Law 110-
181, this prohibition does not apply to any contract that is entered
into for any increased performance of security-guard functions at a
military installation or facility undertaken in response to the
terrorist attacks on the United States on September 11, 2001, if--
* * * * *
(iii) Contract performance will not extend beyond September 30,
2012; and
(iv) The total number of personnel employed to perform security-
guard functions under all contracts entered into pursuant to this
authority does not exceed the following limitations:
(A) For fiscal year 2007, the total number of such personnel
employed under such contracts on October 1, 2006.
(B) For fiscal year 2008, the number equal to 90 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
(C) For fiscal year 2009, the number equal to 80 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
(D) For fiscal year 2010, the number equal to 70 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
(E) For fiscal year 2011, the number equal to 60 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
(F) For fiscal year 2012, the number equal to 50 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
* * * * *
[FR Doc. E8-21373 Filed 9-12-08; 8:45 am]
BILLING CODE 5001-08-P
