Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Review (DFARS Case 2009-D025), 71564-71565 [2010-29494]

Download as PDF 71564 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations unique expertise of senior mentors provide senior leadership with valuable insights and contribute to the continuous improvement of the DoD operations. Because of DoD’s increased need for senior mentors to participate in warfighting exercises and its desire to promote public trust and confidence in the integrity of its programs and operations, the Secretary has directed the adoption of a uniform hiring process that will provide consistency and transparency to the senior mentor program. Specifically, the Secretary has directed that all requirements for senior mentor services must be satisfied by employing senior mentors as ‘‘highly qualified experts,’’ a type of civil service position under 5 U.S.C. 9903. As highly qualified experts, senior mentors will be subject to applicable Federal personnel and ethics laws and regulations. Therefore, DoD will not use the authority of 5 U.S.C. 3109 or 10 U.S.C. 129(b) to enter into personal services contracts with senior mentors or otherwise contract for the services of senior mentors. This final rule implements the Secretary’s policy by adding a prohibition against contracting for the services of senior mentors at DFARS 237.102–73. III. Executive Order 12866 List of Subjects in 48 CFR Part 237 Government procurement. Clare M. Zebrowski, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 237 is amended as follows: Pension Review from Procedures, Guidance, and Information (PGI) to the Defense Federal Acquisition Regulation Supplement (DFARS). DATES: Effective Date: November 24, 2010. ■ FOR FURTHER INFORMATION CONTACT: PART 237—SERVICE CONTRACTING Mary Overstreet, 703–602–0311. SUPPLEMENTARY INFORMATION: 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 237.101 is amended by adding the definition for ‘‘senior mentor’’ in alphabetical order as follows: ■ 237.101 Definitions. * * * * * ‘‘Senior mentor’’ means a retired flag, general, or other military officer or retired senior civilian official who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staff, and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decisionmaking exercises. ■ 3. Section 237.102–73 is added as follows: 237.102–73 Prohibition on contracts for services of senior mentors. Ms. I. Background This final rule relocates requirements for Contractor Insurance/Pension Review to DFARS 242.7302 from PGI 242.7302. DoD published a proposed rule at 75 FR 33237 on June 11, 2010, and the public comment period closed on August 10, 2010. No public comments were received. Therefore, DoD is making no changes to the final rule. II. Executive Order 12866 This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD certifies that this final rule will not 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. The rule is consistent with existing policy that a CIPR is only required for those contractors that have $50 million in qualifying sales to the Government. The rule merely relocates the requirements for CIPR from the PGI to the DFARS. This is not a significant regulatory action and, therefore, is 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. DoD is prohibited from entering into contracts for the services of senior mentors. See PGI 237.102–73 for references to DoD policy and implementation guidance. [FR Doc. 2010–29507 Filed 11–23–10; 8:45 am] IV. Paperwork Reduction Act IV. Regulatory Flexibility Act BILLING CODE 5001–08–P The Paperwork Reduction Act (Pub. L. 96–511) applies because information collection requirements in the proposed rule at DFARS subpart 242.73 are currently approved under Office of Management and Budget Control Number 0704–0250. Relocating the requirement has no impact on the information collection requirement. The Regulatory Flexibility Act does not apply to this rule. This rule will not have a significant economic impact upon a substantial number of small entities because this final rule does not constitute a significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR 1.501 and does not require publication for public comment. The rule is internal to DoD and does not impose any requirements on small businesses. Therefore, a regulatory flexibility analysis has not been performed. jlentini on DSKJ8SOYB1PROD with RULES V. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C., et seq. VerDate Mar<15>2010 16:38 Nov 23, 2010 Jkt 223001 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 242 RIN 0750–AG77 List of Subjects in 48 CFR Part 242 Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Review (DFARS Case 2009–D025) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: The Department of Defense (DoD) is issuing a final rule to remove and relocate the requirements for conducting a Contractor Insurance/ SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 242 is amended as follows: ■ PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES 1. The authority citation for 48 CFR part 242 continues to read as follows: ■ E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations Authority: 41 U.S.C. 421 and 48 CFR chapter 1. DEPARTMENT OF COMMERCE 2. Revise section 242.7302 to read as follows: National Oceanic and Atmospheric Administration 242.7302 50 CFR Part 622 ■ Requirements. (a)(1) An in-depth CIPR as described at DFARS 242.7301(a)(1) shall be conducted only when— (i) A contractor has $50 million of qualifying sales to the Government during the contractor’s preceding fiscal year; and (ii) The ACO, with advice from DCMA insurance/pension specialists and DCAA auditors, determines a CIPR is needed based on a risk assessment of the contractor’s past experience and current vulnerability. (2) Qualifying sales are sales for which cost or pricing data were required under 10 U.S.C. 2306a, as implemented in FAR 15.403, or that are contracts priced on other than a firm-fixed-price or fixed-price with economic price adjustment basis. Sales include prime contracts, subcontracts, and modifications to such contracts and subcontracts. (b) A special CIPR that concentrates on specific areas of a contractor’s insurance programs, pension plans, or other deferred compensation plans shall be performed for a contractor (including, but not limited to, a contractor meeting the requirements in paragraph (a) of this section) when any of the following circumstances exists, but only if the circumstance(s) may result in a material impact on Government contract costs: (1) Information reveals a deficiency in the contractor’s insurance/pension program. (2) The contractor proposes or implements changes in its insurance, pension, or deferred compensation plans. [Docket No. 040205043–4043–01] [FR Doc. 2010–29494 Filed 11–23–10; 8:45 am] SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with RULES BILLING CODE 5001–08–P VerDate Mar<15>2010 16:38 Nov 23, 2010 Jkt 223001 RIN 0648–XZ82 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Reopening of the 2010–2011 Commercial Sector for Black Sea Bass in the South Atlantic National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reopening. AGENCY: NMFS reopens the 2010–2011 commercial sector for South Atlantic black sea bass in the exclusive economic zone (EEZ). NMFS previously determined the quota for the commercial sector would be reached by October 7, 2010, and closed the commercial sector for black sea bass in the South Atlantic. The latest estimates for landings indicate the quota was not reached by that date. Consequently, NMFS will reopen the commercial sector for 14 days. The purpose of this action is to allow the commercial sector to maximize harvest benefits and at the same time protect the black sea bass resource. SUMMARY: The reopening is effective 12:01 a.m., local time, December 1, 2010, until 12:01 a.m., local time, on December 15, 2010. The commercial sector will then be closed until the end of the fishing season, 12:01 a.m., local time, June 1, 2011. DATES: FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–824– 5305, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council (Council) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for black sea bass in the South Atlantic at 309,000 lb (140,160 kg) for the current fishing year, PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 71565 June 1, 2010, though May 31, 2011, as specified in 50 CFR 622.42(e)(5)(iii). Black sea bass are managed throughout their range. In the South Atlantic EEZ, black sea bass are managed by the Council from 35°15.19′ N. lat., the latitude of Cape Hatteras Light, North Carolina, south. From Cape Hatteras Light, North Carolina, through Maine, black sea bass are managed jointly by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. Therefore, the closure provisions contained in this notice are applicable to those vessels harvesting or possessing black sea bass from Key West, Florida, through Cape Hatteras Light, North Carolina. Under 50 CFR 622.43(a)(5), NMFS is required to close the commercial sector for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projected the commercial sector for black sea bass in the South Atlantic would reach the quota on, or before, October 7, 2010, and closed the fishery on that date (75 FR 60008, September 29, 2010). However, based on current statistics, NMFS has determined that only 82 percent of the available commercial quota was landed by that date. Based on daily landings rates and the pounds remaining on the quota (approximately 56,134 lb (25,462 kg)), NMFS has determined the fishery can reopen for 14 days. Accordingly, NMFS is reopening the commercial sector for black sea bass in the South Atlantic from 12:01 a.m., local time, on December 1, 2010, until 12:01 a.m., local time, on December 15, 2010. The commercial sector will then be closed until 12:01 a.m., local time, June 1, 2011, the end of the current fishing year. December 1, 2010, was chosen as the reopening day for the commercial sector based on feedback from the fishing industry and weather concerns, which indicated that this was the best time to reopen. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper may not fish for or retain black sea bass in the South Atlantic prior to 12:01 a.m., local time, December 1, 2010, and must have landed and bartered, traded, or sold such black sea bass prior to 12:01 a.m., local time, December 15, 2010. During the closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1)(vii) and (d)(2), respectively, apply to all harvest or possession of black sea bass in or from the South Atlantic EEZ, and the sale or purchase E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71564-71565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29494]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 242

RIN 0750-AG77


Defense Federal Acquisition Regulation Supplement; Contractor 
Insurance/Pension Review (DFARS Case 2009-D025)

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

ACTION: Final rule.

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

SUMMARY: The Department of Defense (DoD) is issuing a final rule to 
remove and relocate the requirements for conducting a Contractor 
Insurance/Pension Review from Procedures, Guidance, and Information 
(PGI) to the Defense Federal Acquisition Regulation Supplement (DFARS).

DATES: Effective Date: November 24, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule relocates requirements for Contractor Insurance/
Pension Review to DFARS 242.7302 from PGI 242.7302.
    DoD published a proposed rule at 75 FR 33237 on June 11, 2010, and 
the public comment period closed on August 10, 2010. No public comments 
were received. Therefore, DoD is making no changes to the final rule.

II. Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This rule is not 
a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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. The 
rule is consistent with existing policy that a CIPR is only required 
for those contractors that have $50 million in qualifying sales to the 
Government. The rule merely relocates the requirements for CIPR from 
the PGI to the DFARS.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) applies because 
information collection requirements in the proposed rule at DFARS 
subpart 242.73 are currently approved under Office of Management and 
Budget Control Number 0704-0250. Relocating the requirement has no 
impact on the information collection requirement.

List of Subjects in 48 CFR Part 242

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 242 is amended as follows:

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
1. The authority citation for 48 CFR part 242 continues to read as 
follows:


[[Page 71565]]


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

0
2. Revise section 242.7302 to read as follows:


242.7302  Requirements.

    (a)(1) An in-depth CIPR as described at DFARS 242.7301(a)(1) shall 
be conducted only when--
    (i) A contractor has $50 million of qualifying sales to the 
Government during the contractor's preceding fiscal year; and
    (ii) The ACO, with advice from DCMA insurance/pension specialists 
and DCAA auditors, determines a CIPR is needed based on a risk 
assessment of the contractor's past experience and current 
vulnerability.
    (2) Qualifying sales are sales for which cost or pricing data were 
required under 10 U.S.C. 2306a, as implemented in FAR 15.403, or that 
are contracts priced on other than a firm-fixed-price or fixed-price 
with economic price adjustment basis. Sales include prime contracts, 
subcontracts, and modifications to such contracts and subcontracts.
    (b) A special CIPR that concentrates on specific areas of a 
contractor's insurance programs, pension plans, or other deferred 
compensation plans shall be performed for a contractor (including, but 
not limited to, a contractor meeting the requirements in paragraph (a) 
of this section) when any of the following circumstances exists, but 
only if the circumstance(s) may result in a material impact on 
Government contract costs:
    (1) Information reveals a deficiency in the contractor's insurance/
pension program.
    (2) The contractor proposes or implements changes in its insurance, 
pension, or deferred compensation plans.

[FR Doc. 2010-29494 Filed 11-23-10; 8:45 am]
BILLING CODE 5001-08-P

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