Defense Federal Acquisition Regulation Supplement; Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032), 44280-44281 [2011-18380]

Download as PDF 44280 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 11–74; RM–11630, DA 11–1185] Television Broadcasting Services; El Paso, TX rmajette on DSK89S0YB1PROD with RULES AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: A petition for rulemaking was filed by NPG of Texas, LP (‘‘NPG’’), licensee of KVIA–TV, channel 7, El Paso, Texas, requesting the substitution of channel 17 for channel 7 at El Paso. KVIA–TV has experienced extensive signal coverage problems on channel 7 following the June 12, 2009 digital transition deadline, after which the Video Division granted KVIA–TV Special Temporary Authority to supplement its service on channel 7 with continued service on channel 17. This channel substitution will serve the public interest by significantly improving the public’s digital signal reception from KVIA–TV. DATES: This rule is effective August 24, 2011. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, adrienne.denysyk@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 11–74, adopted July 11, 2011, and released July 12, 2011. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street, SW., Washington, DC, 20554. This document will also be available via ECFS (http://fjallfoss.fcc.gov/ecfs/). This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–478–3160 or via the company’s Web site, http://www.bcipweb.com. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any VerDate Mar<15>2010 14:55 Jul 22, 2011 Jkt 223001 information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336, and 339. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Texas, is amended by adding channel 17 and removing channel 7 at El Paso. ■ [FR Doc. 2011–18746 Filed 7–22–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 202 and 218 RIN–0750–AH29 Defense Federal Acquisition Regulation Supplement; Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011–D032) AGENCY: Defense Acquisition Regulations System, Department of Defense (DOD). ACTION: Interim rule. SUMMARY: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the authority provided by 10 U.S.C. 2302(7) to invoke PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 a simplified acquisition threshold that is two times the amount specified at 41 U.S.C. 134 (formerly 41 U.S.C. 403(11)), as amended by section 807 of the National Defense Authorization Act for Fiscal Year 2005, to support a humanitarian or peacekeeping operation. The current simplified acquisition threshold is $150,000 as specified in Federal Acquisition Regulation 2.101. DATES: Effective Date: July 25, 2011. Comment Date: Comments on the interim rule should be submitted in writing to the address shown below on or before September 23, 2011 to be considered in the formation of the final rule. ADDRESSES: Submit comments identified by DFARS Case 2011–D032, using any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘DFARS Case 2011–D032’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2011–D032.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2011–D032’’ on your attached document. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2011–D032 in the subject line of the message. • Fax: 703–602–0350. • Mail: Defense Acquisition Regulations System, ATTN: Meredith Murphy, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check 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: Meredith Murphy, telephone 703–602– 1302. SUPPLEMENTARY INFORMATION: I. Background United States laws provide for special emergency procurement authorities to be used— (a) In support of a contingency operation; (b) To facilitate the defense against or recovery from nuclear, biological, E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations rmajette on DSK89S0YB1PROD with RULES chemical, or radiological attack against the United States; and (c) In support of a humanitarian or peacekeeping operation. The first two of the authorities above were made available for use by agencies in addition to DoD by placing them at 41 U.S.C. 1903 (formerly 41 U.S.C. 428a). The latter authority resides solely in DoD. The three special emergency procurement authorities are specified in statute: • Contingency operation: 10 U.S.C. 101(13) and 41 U.S.C. 1903 (formerly 41 U.S.C. 428a). • Defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States: 41 U.S.C. 1903 (formerly 41 U.S.C. 428a). • Humanitarian or peacekeeping operation: 10 U.S.C. 2302(7). After September 11, 2001, the Governmentwide special emergency procurement authorities were enacted (41 U.S.C. 1903 (formerly 41 U.S.C. 428a). These authorities provided for increases in the simplified acquisition threshold and/or micropurchase threshold depending on what type of special emergency is declared. The Federal Acquisition Regulation (FAR) was revised to implement the authority to increase thresholds when supporting a contingency operation or facilitating the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States. While the definition of a humanitarian or peacekeeping operation is included in the FAR at 2.101, 41 U.S.C. 1903 does not provide Governmentwide authority for raising the simplified acquisition threshold in support of such operations. Therefore, its authority is included in the DFARS. Specific to the authority to support a humanitarian or peacekeeping operation, the simplified acquisition threshold can be increased to double the current basic simplified acquisition threshold, currently $150,000 as specified in FAR 2.101, but only when the purchase is made, or the contract is awarded and performed, outside the United States. There is no comparable authority to increase the micropurchase threshold for acquisitions in support of a humanitarian or peacekeeping operation. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory VerDate Mar<15>2010 14:55 Jul 22, 2011 Jkt 223001 approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a significant regulatory action and, therefore, was subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD does not expect this interim 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 does not impose any requirements on U. S. small businesses. The statute applies only to purchases made, or contracts awarded and performed, outside the United States and only to those acquisitions that directly support a humanitarian or peacekeeping operation. Therefore, an initial regulatory flexibility analysis has not been performed. 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 the 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 2011–D032) in correspondence. IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). V. Determination To Issue an Interim Rule Pursuant to 41 U.S.C. 1707 (formerly 41 U.S.C. 418b) and FAR 1.501–3(b), a determination has been made under the authority of the Secretary of Defense (DoD) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because the statutory authority for doubling the simplified acquisition threshold in support of a humanitarian or peacekeeping operation is not included in the DFARS currently, and is, therefore, generally not known to be available. It is imperative that DoD PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 44281 contracting officers be aware of this threshold for immediate implementation in DoD acquisitions. However, DoD will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Parts 202 and 218 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 202 and 218 are amended as follows: ■ 1. The authority citation for 48 CFR parts 202 and 218 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 202—DEFINITIONS OF WORDS AND TERMS 2. In section 202.101, add in alphabetical order the definition ‘‘Simplified acquisition threshold’’ to read as follows: ■ 202.101 Definitions. * * * * * Simplified acquisition threshold, in addition to the meaning at FAR 2.101, means $300,000 when soliciting or awarding contracts to be awarded and performed outside the United States, or making purchases outside the United States, for acquisitions of supplies and services that, as determined by the head of the contracting activity, are to be used to support a humanitarian or peacekeeping operation, as defined at FAR 2.101. PART 218—EMERGENCY ACQUISITIONS 218.270 [Redesignated as 218.271] 3. Redesignate section 218.270 as section 218.271 and add new section 218.270 to read as follows: ■ 218.270 Humanitarian or peacekeeping operation. The term ‘‘humanitarian or peacekeeping operation’’ is defined at FAR 2.101. In accordance with 10 U.S.C. 2302(7), when a humanitarian or peacekeeping operation is declared, the simplified acquisition threshold is raised to $300,000 for DoD purchases that are awarded and performed, or purchases that are made, outside the United States in support of that operation. See 202.101. [FR Doc. 2011–18380 Filed 7–22–11; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Rules and Regulations]
[Pages 44280-44281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18380]



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DEPARTMENT OF DEFENSE



Defense Acquisition Regulations System



48 CFR Parts 202 and 218



RIN-0750-AH29




Defense Federal Acquisition Regulation Supplement; Simplified 

Acquisition Threshold for Humanitarian or Peacekeeping Operations 

(DFARS Case 2011-D032)



AGENCY: Defense Acquisition Regulations System, Department of Defense 

(DOD).



ACTION: Interim rule.



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



SUMMARY: DoD is issuing an interim rule amending the Defense Federal 

Acquisition Regulation Supplement (DFARS) to implement the authority 

provided by 10 U.S.C. 2302(7) to invoke a simplified acquisition 

threshold that is two times the amount specified at 41 U.S.C. 134 

(formerly 41 U.S.C. 403(11)), as amended by section 807 of the National 

Defense Authorization Act for Fiscal Year 2005, to support a 

humanitarian or peacekeeping operation. The current simplified 

acquisition threshold is $150,000 as specified in Federal Acquisition 

Regulation 2.101.



DATES: Effective Date: July 25, 2011.

    Comment Date: Comments on the interim rule should be submitted in 

writing to the address shown below on or before September 23, 2011 to 

be considered in the formation of the final rule.



ADDRESSES: Submit comments identified by DFARS Case 2011-D032, using 

any of the following methods:

     Regulations.gov: http://www.regulations.gov.

    Submit comments via the Federal eRulemaking portal by inputting 

``DFARS Case 2011-D032'' under the heading ``Enter keyword or ID'' and 

selecting ``Search.'' Select the link ``Submit a Comment'' that 

corresponds with ``DFARS Case 2011-D032.'' Follow the instructions 

provided at the ``Submit a Comment'' screen. Please include your name, 

company name (if any), and ``DFARS Case 2011-D032'' on your attached 

document. Follow the instructions for submitting comments.

     E-mail: dfars@osd.mil. Include DFARS Case 2011-D032 in the 

subject line of the message.

     Fax: 703-602-0350.

     Mail: Defense Acquisition Regulations System, ATTN: 

Meredith Murphy, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense 

Pentagon, Washington, DC 20301-3060.

    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 

confirm receipt of your comment(s), please check 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: Meredith Murphy, telephone 703-602-

1302.



SUPPLEMENTARY INFORMATION: 



I. Background



    United States laws provide for special emergency procurement 

authorities to be used--

    (a) In support of a contingency operation;

    (b) To facilitate the defense against or recovery from nuclear, 

biological,



[[Page 44281]]



chemical, or radiological attack against the United States; and

    (c) In support of a humanitarian or peacekeeping operation.

    The first two of the authorities above were made available for use 

by agencies in addition to DoD by placing them at 41 U.S.C. 1903 

(formerly 41 U.S.C. 428a). The latter authority resides solely in DoD.

    The three special emergency procurement authorities are specified 

in statute:

     Contingency operation: 10 U.S.C. 101(13) and 41 U.S.C. 

1903 (formerly 41 U.S.C. 428a).

     Defense against or recovery from nuclear, biological, 

chemical, or radiological attack against the United States: 41 U.S.C. 

1903 (formerly 41 U.S.C. 428a).

     Humanitarian or peacekeeping operation: 10 U.S.C. 2302(7).

    After September 11, 2001, the Governmentwide special emergency 

procurement authorities were enacted (41 U.S.C. 1903 (formerly 41 

U.S.C. 428a). These authorities provided for increases in the 

simplified acquisition threshold and/or micropurchase threshold 

depending on what type of special emergency is declared. The Federal 

Acquisition Regulation (FAR) was revised to implement the authority to 

increase thresholds when supporting a contingency operation or 

facilitating the defense against or recovery from nuclear, biological, 

chemical, or radiological attack against the United States.

    While the definition of a humanitarian or peacekeeping operation is 

included in the FAR at 2.101, 41 U.S.C. 1903 does not provide 

Governmentwide authority for raising the simplified acquisition 

threshold in support of such operations. Therefore, its authority is 

included in the DFARS. Specific to the authority to support a 

humanitarian or peacekeeping operation, the simplified acquisition 

threshold can be increased to double the current basic simplified 

acquisition threshold, currently $150,000 as specified in FAR 2.101, 

but only when the purchase is made, or the contract is awarded and 

performed, outside the United States. There is no comparable authority 

to increase the micropurchase threshold for acquisitions in support of 

a humanitarian or peacekeeping operation.



II. Executive Orders 12866 and 13563



    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 

all costs and benefits of available regulatory alternatives and, if 

regulation is necessary, to select regulatory approaches that maximize 

net benefits (including potential economic, environmental, public 

health and safety effects, distributive impacts, and equity). E.O. 

13563 emphasizes the importance of quantifying both costs and benefits, 

of reducing costs, of harmonizing rules, and of promoting flexibility. 

This is a significant regulatory action and, therefore, was subject to 

review under section 6(b) of E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This is not a major rule under 5 

U.S.C. 804.



III. Regulatory Flexibility Act



    DoD does not expect this interim 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 does not impose any requirements on U. S. small 

businesses. The statute applies only to purchases made, or contracts 

awarded and performed, outside the United States and only to those 

acquisitions that directly support a humanitarian or peacekeeping 

operation. Therefore, an initial regulatory flexibility analysis has 

not been performed.

    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 the 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 2011-D032) in 

correspondence.



IV. Paperwork Reduction Act



    The rule does not contain any information collection requirements 

that require the approval of the Office of Management and Budget under 

the Paperwork Reduction Act (44 U.S.C. chapter 35).



V. Determination To Issue an Interim Rule



    Pursuant to 41 U.S.C. 1707 (formerly 41 U.S.C. 418b) and FAR 1.501-

3(b), a determination has been made under the authority of the 

Secretary of Defense (DoD) that urgent and compelling reasons exist to 

promulgate this interim rule without prior opportunity for public 

comment. This action is necessary because the statutory authority for 

doubling the simplified acquisition threshold in support of a 

humanitarian or peacekeeping operation is not included in the DFARS 

currently, and is, therefore, generally not known to be available. It 

is imperative that DoD contracting officers be aware of this threshold 

for immediate implementation in DoD acquisitions. However, DoD will 

consider public comments received in response to this interim rule in 

the formation of the final rule.



List of Subjects in 48 CFR Parts 202 and 218



    Government procurement.



Ynette R. Shelkin,

Editor, Defense Acquisition Regulations System.



    Therefore, 48 CFR parts 202 and 218 are amended as follows:



0

1. The authority citation for 48 CFR parts 202 and 218 continues to 

read as follows:



    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.



PART 202--DEFINITIONS OF WORDS AND TERMS



0

2. In section 202.101, add in alphabetical order the definition 

``Simplified acquisition threshold'' to read as follows:





202.101  Definitions.



* * * * *

    Simplified acquisition threshold, in addition to the meaning at FAR 

2.101, means $300,000 when soliciting or awarding contracts to be 

awarded and performed outside the United States, or making purchases 

outside the United States, for acquisitions of supplies and services 

that, as determined by the head of the contracting activity, are to be 

used to support a humanitarian or peacekeeping operation, as defined at 

FAR 2.101.



PART 218--EMERGENCY ACQUISITIONS





218.270  [Redesignated as 218.271]



0

3. Redesignate section 218.270 as section 218.271 and add new section 

218.270 to read as follows:





218.270  Humanitarian or peacekeeping operation.



    The term ``humanitarian or peacekeeping operation'' is defined at 

FAR 2.101. In accordance with 10 U.S.C. 2302(7), when a humanitarian or 

peacekeeping operation is declared, the simplified acquisition 

threshold is raised to $300,000 for DoD purchases that are awarded and 

performed, or purchases that are made, outside the United States in 

support of that operation. See 202.101.



[FR Doc. 2011-18380 Filed 7-22-11; 8:45 am]

BILLING CODE 5001-08-P