Defense Federal Acquisition Regulation Supplement; Payment Protections for Subcontractors and Suppliers-Deletion of Duplicative Text (DFARS Case 2008-D021), 76969-76970 [E8-29993]

Download as PDF Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations long-term care insurance policies to individuals under a qualified State longterm care insurance partnership. They do not apply to the reporting of data by insurers for States with a Medicaid State plan amendment that established a longterm care partnership on or before May 14, 1993. rwilkins on PROD1PC63 with RULES § 144.206 Reporting requirements. (a) General requirement. Any insurer that sells a qualified long-term care insurance policy under a qualified State long-term care insurance partnership must submit, in accordance with the requirements of this section, data on insured individuals, policyholders, and claimants who have active partnership qualified policies or certificates for a reporting period. (b) Specific requirements. Insurers of qualified long-term care insurance policies must submit the following data to the Secretary by the deadlines specified in paragraph (c) of this section: (1) Registry of active individual and group partnership qualified policies or certificates. (i) Insurers must submit data on— (A) Any insured individual who held an active partnership qualified policy or certificate at any point during a reporting period, even if the policy or certificate was subsequently cancelled, lost partnership qualified status, or otherwise terminated during the reporting period; and (B) All active group long-term care partnership qualified insurance policies, even if the identity of the individual policy/certificate holder is unavailable. (ii) The data required under paragraph (b)(1)(i) of this section must cover a 6month reporting period of January through June 30 or July 1 through December 31 of each year; and (iii) The data must include, but are not limited to— (A) Current identifying information on the insured individual; (B) The name of the insurance company and issuing State; (C) The effective date and terms of coverage under the policy. (D) The annual premium. (E) The coverage period. (F) Other information, as specified by the Secretary in ‘‘State Long-Term Care Partnership Insurer Reporting Requirements.’’ (2) Claims paid under partnership qualified policies or certificates. Insurers must submit data on all partnership qualified policies or certificates for which the insurer paid at least one claim during the reporting period. This includes data for employerpaid core plans and buy-up plans VerDate Aug<31>2005 17:41 Dec 17, 2008 Jkt 217001 76969 without individual insured data. The data must— (i) Cover a quarterly reporting period of 3 months; (ii) Include, but are not limited to— (A) Current identifying information on the insured individual; (B) The type and cash amount of the benefits paid during the reporting period and lifetime to date; (C) Remaining lifetime benefits; (D) Other information, as specified by the Secretary in ‘‘State Long-Term Care Partnership Insurer Reporting Requirements.’’ Dated: August 15, 2008. Mary M. McGeein, Principal Deputy Assistant Secretary for Planning and Evaluation. Dated: August 21, 2008. Michael O. Leavitt, Secretary. § 144.208 reports. Defense Acquisition Regulations System Deadlines for submission of (a) Transition provision for insurers who have issued or exchanged a qualified partnership policy prior to the effective date of these regulations. The first reports required for these insurers will be the reports that pertain to the reporting period that begins no more than 120 days after the effective date of the final regulations. (b) All reports on the registry of qualified long-term care insurance policies issued to individuals or individuals under group coverage specified in § 144.206(b)(1)(ii) must be submitted within 30 days of the end of the 6-month reporting period. (c) All reports on the claims paid under qualified long-term care insurance policies issued to individual and individuals under group coverage specified in § 144.206(b)(2)(i) must be submitted within 30 days of the end of the 3-month quarterly reporting period. § 144.210 Form and manner of reports. All reports specified in § 144.206 must be submitted in the form and manner specified by the Secretary. § 144.212 Confidentiality of information. Data collected and reported under the requirements of this subpart are subject to the confidentiality of information requirements specified in regulations under 42 CFR Part 401, Subpart B, and 45 CFR Part 5, Subpart F. § 144.214 Notifications of noncompliance with reporting requirements. If an insurer of a qualified long-term care insurance policy does not submit the required reports by the due dates specified in this subpart, the Secretary notifies the appropriate State insurance commissioner within 45 days after the deadline for submission of the information and data specified in § 144.208. PO 00000 Frm 00123 Fmt 4700 Sfmt 4700 Editorial Note: This document was received in the Office of the Federal Register on November 24, 2008. [FR Doc. E8–28388 Filed 12–17–08; 8:45 am] BILLING CODE 4154–05–P DEPARTMENT OF DEFENSE 48 CFR Part 212 RIN 0750–AG15 Defense Federal Acquisition Regulation Supplement; Payment Protections for Subcontractors and Suppliers—Deletion of Duplicative Text (DFARS Case 2008–D021) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the list of laws inapplicable to contracts and subcontracts for the acquisition of commercial items. The rule removes a law addressing payment protections for subcontractors and suppliers from the DFARS list, since this law has been added to the FAR list of laws inapplicable to contracts and subcontracts for the acquisition of commercial items. DATES: Effective Date: December 18, 2008. FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–8384; facsimile 703–602–7887. Please cite DFARS Case 2008–D021. SUPPLEMENTARY INFORMATION: A. Background FAR 12.503 and 12.504 list the laws that are inapplicable to Executive agency contracts and subcontracts for the acquisition of commercial items. The DFARS supplements the FAR listing with those laws unique to DoD at 212.503 and 212.504. E:\FR\FM\18DER1.SGM 18DER1 76970 Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations This final rule removes Section 806 of Public Law 102–190, Payment Protections for Subcontractors and Suppliers, from the lists at DFARS 212.503 and 212.504, since this law was added to the lists at FAR 12.503 and 12.504 in the final rule published at 73 FR 54007 on September 17, 2008. This rule also amends DFARS 212.504 to remove the paragraphs that were designated as ‘‘Reserved.’’ 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 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–D021. Defense Federal Acquisition Regulation Supplement; Para-Aramid Fibers and Yarns Manufactured in a Qualifying Country (DFARS Case 2008–D024) 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 212 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 212 is amended as follows: ■ PART 212—ACQUISITION OF COMMERCIAL ITEMS 1. The authority citation for 48 CFR Part 212 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 212.503 [Amended] 2. Section 212.503 is amended by removing paragraph (a)(i) and redesignating paragraphs (a)(ii) through (xi) as paragraphs (a)(i) through (x) respectively. ■ 212.504 [Amended] 3. Section 212.504 is amended as follows: ■ a. By removing paragraphs (a)(i) and (ii) and (a)(xix) through (xxi); ■ b. By redesignating paragraphs (a)(iii) through (xviii) as paragraphs (a)(i) through (xvi) respectively; and rwilkins on PROD1PC63 with RULES ■ VerDate Aug<31>2005 17:41 Dec 17, 2008 Jkt 217001 c. By redesignating paragraphs (a)(xxii) and (xxiii) as paragraphs (a)(xvii) and (xviii) respectively. [FR Doc. E8–29993 Filed 12–17–08; 8:45 am] Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: BILLING CODE 5001–08–P Ms. Amy Williams, 703–602–0328. SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 RIN 0750–AG13 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 a determination made by the Under Secretary of Defense for Acquisition, Technology, and Logistics with regard to the acquisition of items containing para-aramid fibers and yarns manufactured in a foreign country. The determination authorizes DoD to acquire articles containing paraaramid fibers and yarns manufactured in foreign countries that have entered into a defense memorandum of understanding with the United States. DATES: Effective date: December 18, 2008. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before February 17, 2009, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2008–D024, 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 2008–D024 in the subject line of the message. • Fax: 703–602–7887. • Mail: Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. PO 00000 Frm 00124 Fmt 4700 Sfmt 4700 A. Background 10 U.S.C. 2533a restricts DoD procurement of foreign synthetic fabric or coated synthetic fabric, including textile fibers and yarns for use in such fabrics. Section 807 of the National Defense Authorization Act for Fiscal Year 1999 (Pub. L. 105–261) provides authority for DoD to waive the restriction at 10 U.S.C. 2533a with regard to para-aramid fibers and yarns. On February 12, 1999, the Under Secretary of Defense for Acquisition and Technology waived the restriction at 10 U.S.C. 2533a for para-aramid fibers and yarns manufactured in the Netherlands. On August 15, 2008, the Under Secretary of Defense for Acquisition, Technology, and Logistics expanded the existing waiver to permit the acquisition of para-aramid fibers and yarns manufactured in any qualifying country listed in DFARS 225.872–1. This interim rule amends DFARS text addressing the acquisition of paraaramid fibers and yarns to implement the Under Secretary’s August 15, 2008 determination. In addition, the rule clarifies the definition of ‘‘qualifying country’’ at DFARS 225.003 and 252.225–7012 by including a list of the qualifying countries within the definition instead of referring to the list at DFARS 225.872–1. 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 small entities normally are not involved in the production of paraaramid fibers and yarns. 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 2008–D024. E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76969-76970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29993]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AG15


Defense Federal Acquisition Regulation Supplement; Payment 
Protections for Subcontractors and Suppliers--Deletion of Duplicative 
Text (DFARS Case 2008-D021)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update the list of laws 
inapplicable to contracts and subcontracts for the acquisition of 
commercial items. The rule removes a law addressing payment protections 
for subcontractors and suppliers from the DFARS list, since this law 
has been added to the FAR list of laws inapplicable to contracts and 
subcontracts for the acquisition of commercial items.

DATES: Effective Date: December 18, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile 
703-602-7887. Please cite DFARS Case 2008-D021.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR 12.503 and 12.504 list the laws that are inapplicable to 
Executive agency contracts and subcontracts for the acquisition of 
commercial items. The DFARS supplements the FAR listing with those laws 
unique to DoD at 212.503 and 212.504.

[[Page 76970]]

    This final rule removes Section 806 of Public Law 102-190, Payment 
Protections for Subcontractors and Suppliers, from the lists at DFARS 
212.503 and 212.504, since this law was added to the lists at FAR 
12.503 and 12.504 in the final rule published at 73 FR 54007 on 
September 17, 2008. This rule also amends DFARS 212.504 to remove the 
paragraphs that were designated as ``Reserved.''
    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 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-D021.

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 212

    Government procurement.

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

0
Therefore, 48 CFR Part 212 is amended as follows:

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
1. The authority citation for 48 CFR Part 212 continues to read as 
follows:

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


212.503  [Amended]

0
2. Section 212.503 is amended by removing paragraph (a)(i) and 
redesignating paragraphs (a)(ii) through (xi) as paragraphs (a)(i) 
through (x) respectively.


212.504  [Amended]

0
3. Section 212.504 is amended as follows:
0
a. By removing paragraphs (a)(i) and (ii) and (a)(xix) through (xxi);
0
b. By redesignating paragraphs (a)(iii) through (xviii) as paragraphs 
(a)(i) through (xvi) respectively; and
0
c. By redesignating paragraphs (a)(xxii) and (xxiii) as paragraphs 
(a)(xvii) and (xviii) respectively.

[FR Doc. E8-29993 Filed 12-17-08; 8:45 am]
BILLING CODE 5001-08-P

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