Defense Federal Acquisition Regulation Supplement (DFARS); Electronic Ordering Procedures (DFARS Case 2009-D037), 60690-60691 [2010-24386]
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: September 20, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and
Permitting Division.
[FR Doc. 2010–24572 Filed 9–30–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216 and 252
Defense Federal Acquisition
Regulation Supplement (DFARS);
Electronic Ordering Procedures
(DFARS Case 2009–D037)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to address
electronic business procedures for
placing orders.
DATES: Comment date: Comments on
this proposed rule should be submitted
in writing to the address shown below
on or before November 30, 2010, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D037,
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 2009–D037 in the subject
line of the message.
Fax: 703–602–0350.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:54 Sep 30, 2010
Jkt 223001
Mail: Defense Acquisition Regulations
System, Attn: Mr. Julian E. Thrash,
OUSD (AT&L) DPAP (DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
FOR FURTHER INFORMATION CONTACT:
Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
A. Background
DoD is proposing to add language to
the DFARS to make electronic
distribution procedures a routine part of
order issuance. This case establishes a
standard method for issuance of orders
via electronic means. DoD currently has
the capability to distribute orders
electronically on a routine basis, and
can post those orders centrally to a site
any contractor can access.
DoD is proposing the following
changes:
• Add the prescription at DFARS
216.506(a) to require a new clause
252.216–70XX, Ordering, in lieu of the
clause at FAR 52.216–18, Ordering, in
solicitations and contracts when a
definite-quantity contract, a
requirements contract, or an indefinitequantity contract is contemplated; and
• Add a new clause at DFARS
252.216–70XX, Ordering.
This change may have a significant
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq.
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The objective of this
rule is that, as the DoD now has the
capability to distribute orders
electronically on a routine basis and can
post those orders centrally to a Web site
that any contractor can access, the
DFARS needs to provide language that
will make those procedures a routine
part of contract issuance. This rule will
enable DoD to further the goals of the E–
Government Act of 2002.
For Fiscal Year 2009, DoD made
awards to 6,097 small business-unique
Data Universal Numbering System
Frm 00048
Fmt 4702
Sfmt 4702
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 Parts 216 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 216 and 252 as follows:
1. The authority citation for 48 CFR
parts 216 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
B. Regulatory Flexibility Act
PO 00000
(DUNS) numbers using the clause at
FAR 52.216–18, Ordering. The benefit of
this rule to small business is that it will
make electronic distribution procedures
a routine part of order issuance. This
change will ultimately help improve the
management and promotion of
electronic Government services and
processes, and establish a framework to
improve public access to Government
information and services. DoD invites
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2009–D037) in
correspondence.
PART 216—TYPES OF CONTRACTS
2. Amend section 216.506 by adding
paragraph (a) to read as follows:
216.506 Solicitation provisions and
contract clauses.
(a) Insert the clause at 252.216–70XX,
Ordering, in lieu of the clause at FAR
52.216–18, in solicitations and contracts
when a definite-quantity contract, a
requirements contract, or an indefinitequantity contract is contemplated.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Add section 252.216—70XX to read
as follows:
252.216–70XX
Ordering.
As prescribed in 216.506(a), use the
following clause:
E:\FR\FM\01OCP1.SGM
01OCP1
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules
ORDERING (DATE)
(a) Any supplies and services to be
furnished under this contract shall be
ordered by issuance of delivery orders or task
orders by the individuals or activities
designated in the contract schedule. Such
orders may be issued from llllll
through llllll (Insert dates).
(b) All delivery orders or task orders are
subject to the terms and conditions of this
contract. In the event of conflict between a
delivery order or task order and this contract,
the contract shall control.
(c)(1) If issued electronically, the order is
considered ‘‘issued’’ when a copy has been
posted to the Electronic Document Access
system, and notice has been sent to the
Contractor.
(2) If mailed or transmitted by facsimile, a
delivery order or task order is considered
‘‘issued’’ when the Government deposits the
order in the mail or transmits by facsimile.
Mailing includes transmittal by U.S. mail or
private delivery services.
(3) Orders may be issued orally only if
authorized in the schedule.
(End of clause)
[FR Doc. 2010–24386 Filed 9–30–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS-R9-MB-2010-0037]
[91200-1232-0000]
RIN 1018-AX24
Migratory Bird Permits; Revisions to
the Waterfowl Permit Exceptions and
Waterfowl Sale and Disposal Permits
Regulations for Muscovy Ducks
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, propose to revise the
regulations regarding permit provisions
for waterfowl. Specifically, we propose
to revise certain permit provisions for
the muscovy duck (Cairina moschata) at
50 CFR 21.14, 21.25, and 21.54. We take
this action to address public concerns
resulting from a final rule we published
on March 1, 2010 (75 FR 9316), that
revised the regulations for the muscovy
duck. We request comments from the
public on these proposed changes to the
regulations.
DATES: Send comments on this proposal
on or before December 30, 2010.
ADDRESSES: You may submit comments
by either one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
jlentini on DSKJ8SOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:54 Sep 30, 2010
Jkt 223001
instructions for submitting comments
on Docket No. FWS-R9-MB-2010-0037.
• U.S. Mail or hand delivery: Public
Comments Processing, Attn: FWS-R9MB-2010-0037; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 North Fairfax
Drive, Suite 222; Arlington, VA 222031610.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information that you provide. See the
Public Comments section below for
more information.
FOR FURTHER INFORMATION CONTACT: Dr.
George T. Allen, Division of Migratory
Bird Management, U.S. Fish and
Wildlife Service, 703-358-1825.
SUPPLEMENTARY INFORMATION:
Background
The muscovy duck is native to
Mexico, and Central and South
America. However, the species has
recently expanded its range into
Hidalgo, Starr, and Zapata Counties in
south Texas. As a result of this natural
expansion into the United States, on
March 1, 2010, we published a final rule
(75 FR 9282) adding the muscovy duck
(Cairina moschata) to the List of
Migratory Birds protected under the
Migratory Bird Treaty Act (MBTA) (16
U.S.C. 703–12).
The muscovy duck has been
introduced through human intervention
to many parts of the United States.
These feral muscovy ducks may appear
much different than the muscovy duck
in its native range, but biologically they
are still Cairina moschata, and thus are
accorded the protection of the MBTA.
To reduce the spread of muscovy ducks
in the wild, 50 CFR 21.14(g) prohibits
the release of captive-reared muscovy
ducks to the wild.
On March 1, 2010, we also published
a final rule that, among other things,
established a control order to manage
feral populations (75 FR 9316). The
control order at 50 CFR 21.54 allows
landowners and Federal, State, Tribal,
and local wildlife management agencies,
and their tenants, employees, or agents,
to remove or destroy muscovy ducks
(including hybrids of muscovy ducks),
their nests, and eggs, anywhere outside
their natural range, without a Federal
migratory bird permit. Any muscovy
duck removed live under this order
must be: (1) placed with a facility where
it will be maintained under conditions
that will prevent its escape to the wild,
(2) donated to public museums or
public institutions for scientific or
educational purposes, or (3) euthanized
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
60691
and disposed of by burying or
incineration.
In that March 1, 2010, final rule (75
FR 9316), we also amended the
regulations at 50 CFR 21 to prohibit
sale, transfer, or propagation of muscovy
ducks for hunting and any other
purpose other than for sale as food. This
action required revision of regulations
governing permit exceptions for captivereared migratory waterfowl other than
mallard ducks and governing waterfowl
sale and disposal permits, as well as the
addition of the control order described
above. We also rewrote the affected
regulations to make them easier to
understand.
After that final rule (75 FR 9316) was
published, we were contacted by many
individuals concerned about provisions
in the rule that prohibit long-established
muscovy duck activities, particularly
keeping the ducks for exhibition, or as
barnyard animals for personal
consumption and egg production (rather
than for sale as food). This document
proposes changes to the regulations to
address these concerns.
Specific Proposed Changes to 50 CFR
21.14
In 50 CFR 21.14, we would remove
the requirement that muscovy ducks
may not be acquired, possessed,
propagated, sold, or transferred, except
for sale as food. We would add the
following provisions to the regulations:
• You do not need a permit to acquire,
possess, or sell properly-marked,
captive-reared muscovy ducks or
their eggs;
• You may not release muscovy ducks to
the wild or to any location used by
wild ducks; and
• You may not sell or distribute
muscovy ducks as pets. Muscovy
ducks have been sold as pets and
given as prizes, activities we intend
to disallow. However, we do not
consider muscovy show ducks to be
pets.
When we published the proposed rule
to change the regulations for muscovy
ducks on August 22, 2008 (73 FR
49626), we were unaware that muscovy
ducks are kept as barnyard animals, for
consumption by their owners, and for
egg production. We were not made
aware of these issues until after our
March 1, 2010, final rule was published
(75 FR 9316). The changes we are
proposing in this document would
allow the continued keeping and
production of muscovy ducks that were
restricted by the March 1, 2010 final
rule. We expect that these proposed
regulations changes would have a very
minimal impact on populations of wild
ducks, and would facilitate
E:\FR\FM\01OCP1.SGM
01OCP1
]]>Agencies
[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Proposed Rules]
[Pages 60690-60691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24386]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 216 and 252
Defense Federal Acquisition Regulation Supplement (DFARS);
Electronic Ordering Procedures (DFARS Case 2009-D037)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to address electronic business procedures for
placing orders.
DATES: Comment date: Comments on this proposed rule should be submitted
in writing to the address shown below on or before November 30, 2010,
to be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2009-D037,
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 2009-D037 in the subject
line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E.
Thrash, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
A. Background
DoD is proposing to add language to the DFARS to make electronic
distribution procedures a routine part of order issuance. This case
establishes a standard method for issuance of orders via electronic
means. DoD currently has the capability to distribute orders
electronically on a routine basis, and can post those orders centrally
to a site any contractor can access.
DoD is proposing the following changes:
Add the prescription at DFARS 216.506(a) to require a new
clause 252.216-70XX, Ordering, in lieu of the clause at FAR 52.216-18,
Ordering, in solicitations and contracts when a definite-quantity
contract, a requirements contract, or an indefinite-quantity contract
is contemplated; and
Add a new clause at DFARS 252.216-70XX, Ordering.
B. Regulatory Flexibility Act
This change may have a significant impact on a substantial number
of small entities within the meaning of the Regulatory Flexibility Act,
5 U.S.C. 601, et seq.
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained
from the point of contact specified herein. The objective of this rule
is that, as the DoD now has the capability to distribute orders
electronically on a routine basis and can post those orders centrally
to a Web site that any contractor can access, the DFARS needs to
provide language that will make those procedures a routine part of
contract issuance. This rule will enable DoD to further the goals of
the E-Government Act of 2002.
For Fiscal Year 2009, DoD made awards to 6,097 small business-
unique Data Universal Numbering System (DUNS) numbers using the clause
at FAR 52.216-18, Ordering. The benefit of this rule to small business
is that it will make electronic distribution procedures a routine part
of order issuance. This change will ultimately help improve the
management and promotion of electronic Government services and
processes, and establish a framework to improve public access to
Government information and services. DoD invites comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D037) in
correspondence.
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 Parts 216 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 216 and 252 as
follows:
1. The authority citation for 48 CFR parts 216 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 216--TYPES OF CONTRACTS
2. Amend section 216.506 by adding paragraph (a) to read as
follows:
216.506 Solicitation provisions and contract clauses.
(a) Insert the clause at 252.216-70XX, Ordering, in lieu of the
clause at FAR 52.216-18, in solicitations and contracts when a
definite-quantity contract, a requirements contract, or an indefinite-
quantity contract is contemplated.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 252.216--70XX to read as follows:
252.216-70XX Ordering.
As prescribed in 216.506(a), use the following clause:
[[Page 60691]]
ORDERING (DATE)
(a) Any supplies and services to be furnished under this
contract shall be ordered by issuance of delivery orders or task
orders by the individuals or activities designated in the contract
schedule. Such orders may be issued from ------------ through ------
------ (Insert dates).
(b) All delivery orders or task orders are subject to the terms
and conditions of this contract. In the event of conflict between a
delivery order or task order and this contract, the contract shall
control.
(c)(1) If issued electronically, the order is considered
``issued'' when a copy has been posted to the Electronic Document
Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or
task order is considered ``issued'' when the Government deposits the
order in the mail or transmits by facsimile. Mailing includes
transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the
schedule.
(End of clause)
[FR Doc. 2010-24386 Filed 9-30-10; 8:45 am]
BILLING CODE 5001-08-P
