Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Contract Financing (DFARS Case 2013-D014), 22042-22043 [2014-08856]

Download as PDF 22042 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations collection requirements to the paperwork burden previously approved under OMB Control Number 0704–0229, entitled Defense Federal Acquisition Regulation Supplement (DFARS); Part 225, Foreign Acquisition. List of Subjects in 48 CFR Part 252 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 252, which was published at 78 FR 76993 on December 20, 2013, is adopted as a final rule without change. [FR Doc. 2014–08859 Filed 4–18–14; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 RIN 0750–AI02 Defense Federal Acquisition Regulation Supplement: Clauses With Alternates—Contract Financing (DFARS Case 2013–D014) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) as part of a project to review clauses with alternates to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. This final rule addresses a contract financing clause. DATES: Effective April 21, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: mstockstill on DSK4VPTVN1PROD with RULES I. Background DoD published a proposed rule in the Federal Register at 78 FR 48404 on August 8, 2013, to amend the DFARS to revise the presentation in the DFARS of a part 232 contract financing clause with an alternate. The rule also proposed to add a separate prescription for the basic clause as well as the alternate. No public comments were submitted in response to the proposed rule. VerDate Mar<15>2010 17:49 Apr 18, 2014 Jkt 232001 II. Discussion This final rule addresses the single DFARS part 232 clause that has an alternate, 252.232–7007, Limitation of Government’s Obligation. In developing the final rule, DoD determined that the need for an alternate to the basic clause could be eliminated by making a minor change to paragraph (a) of the basic clause. The only difference between the basic clause and the alternate is the number of line items subject to incremental funding, which is information inserted by the contracting officer into paragraph (a) of the basic clause or the alternate clause. In the final rule, the alternate clause is being eliminated in its entirety as a result of an editorial change made to paragraph (a) of the basic clause. This change enables the contracting officer to tailor and use the basic clause, whether a single line item or multiple line items are being incrementally funded. Potential offerors, including small businesses, may be affected by this rule by seeing an unfamiliar format for this part 232 clause. According to the Federal Procurement Data System, in fiscal year 2012, DoD made approximately 270,000 contract awards (not including modification and orders) that exceeded the micro-purchase threshold, of which approximately 180,000 (67%) were awarded to small businesses. It is unknown how many of these contracts were awarded that included incremental funding. Nothing substantive will change in solicitations or contracts for potential offerors. The overall burden caused by this rule is expected to be negligible, and will not be any greater on small businesses than it is on large businesses. This rule does not add any new information collection requirements. No alternatives were identified that will accomplish the objectives of the rule. III. 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 not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. V. Paperwork Reduction Act IV. Regulatory Flexibility Act A final regulatory flexibility analysis has been performed and is summarized as follows: This final rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.232– 7007, Limitation of Government’s Obligation. Paragraph (a) of clause 252.232–7007 is being modified to be used for single or multiple line items that are to be incrementally funded. The modification of paragraph (a) in the basic clause eliminates the need for an alternate clause; therefore the alternate clause is removed by this final rule. The public did not raise any issues in response to the initial regulatory flexibility analysis. The Chief Counsel for Advocacy of the Small Business Administration did not submit any comments in response to the rule. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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). List of Subjects in 48 CFR Part 252 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 252 is amended as follows: PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 252 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Amend section 252.232–7007 by— a. Removing the clause date ‘‘(MAY 2006)’’ and adding ‘‘(APR 2014)’’ in its place; ■ b. Revising paragraph (a); and ■ c. Removing Alternate I. The revision reads as follows. ■ ■ 252.232–7007 obligation. * * * Limitation of Government’s * * (a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ll [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted E:\FR\FM\21APR1.SGM 21APR1 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations to this contract. An allotment schedule is set forth in paragraph (j) of this clause. * * * * * [FR Doc. 2014–08856 Filed 4–18–14; 8:45 am] BILLING CODE 5001–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 648 and 697 [Docket No. 130319263–4284–03] RIN 0648–BD09 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Final Rule To Allow Northeast Multispecies Sector Vessels Access to Year-Round Closed Areas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This final rule finalizes an interim final rule approving a sector exemption request that allows Northeast multispecies (groundfish) sector vessels restricted access to portions of the Nantucket Lightship Closed Area under standard monitoring coverage levels. This action also responds to public comments received on the interim measures. This final rule does not modify any measures from the interim final rule. DATES: Effective April 21, 2014, we confirm the effective date of December 31, 2013 through April 30, 2014, of the interim final rule published on December 16, 2013 (78 FR 76077). ADDRESSES: A copy of the accompanying environmental assessment is available from the NMFS Greater Atlantic Regional Fisheries Office: John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents are also accessible via the mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:49 Apr 18, 2014 Jkt 232001 Federal eRulemaking Portal: https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy Analyst, phone (978) 281–9182, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Background Framework Adjustment 48 to the Northeast Multispecies (groundfish) Fishery Management Plan (78 FR 26118; May 3, 2013), included a provision allowing sectors to request exemptions from the year-round groundfish mortality closures to provide additional fishing opportunities. On December 16, 2013 (78 FR 76077), NMFS published an interim final rule allowing groundfish sector vessels restricted access to the Eastern and Western Exemption Areas within the Nantucket Lightship Closed Area. The interim final rule modified monitoring requirements for vessels fishing in the Eastern and Western Exemption Areas from the proposed rule by reducing the 100-percent industry-funded at-sea monitoring requirement for these areas to current atsea monitoring coverage levels. The interim final rule also disapproved sector vessel access to Closed Areas I and II. This final rule retains the measures implemented in the interim final rule and responds to comments received on the interim final rule. Approval of an Exemption Request Allowing Sector Vessels Into Portions of Nantucket Lightship Closed Area This final rule allows sector vessels to fish with selective gear in the Eastern and Western Exemption Areas within the Nantucket Lightship Closed Area for the duration of fishing year 2013, i.e., through April 30, 2014 (see Figure A). Justification for this decision is explained in the interim final rule (78 FR 76077; December 13, 2013). Trawl vessels are restricted to using selective trawl gear, including the separator trawl, the Ruhle trawl, the mini-Ruhle trawl, rope trawl, and any other gear authorized by the New England Fishery PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 22043 Management Council (Council) in a management action. Flounder nets are prohibited in this area. Hook vessels are permitted and gillnet vessels are restricted to fishing 10-inch (25.4-cm) diamond mesh or larger. Gillnet vessels are required to use pingers when fishing in the Western Exemption Area from December 1–May 31, because this area lies within the existing Southern New England Management Area of the Harbor Porpoise Take Reduction Plan. It should be noted that the proposed rule to approve 2014 Sector Operations Plans and exemption requests (79 FR 14639; March 17, 2014) proposes to allow standard otter trawls in the Western Exemption Area for the 2014 fishing year. The interim final rule modified the monitoring requirements for vessels fishing in the Eastern and Western Exemption Areas by reducing the at-sea monitoring coverage level. There are several reasons why we reduced the coverage level to be consistent with standard coverage levels outside of the closed areas. The coverage level was relaxed from the proposed 100-percent industry-funded level because we recognized that there were fewer risks with opening the Nantucket Lightship Closed Area given that this area was originally closed to protect Southern New England/Mid-Atlantic yellowtail flounder and this stock is no longer overfished or undergoing overfishing. We also required selective gear to be used in this area that further reduced the potential for groundfish catch. Because we did not open Closed Areas I and II, and because we do not anticipate an increase in fishing effort after opening the Eastern and Western Exemption Areas, we expect to be able to fund the standard level of monitoring coverage in these areas. This provides increased flexibility for sector vessels because vessels can fish in a new area with no additional monitoring costs in fishing year 2013. This final rule maintains the 22percent monitoring coverage requirement for the Eastern and Western Exemption Areas for the remainder of fishing year 2013. E:\FR\FM\21APR1.SGM 21APR1

Agencies

[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22042-22043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08856]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI02


Defense Federal Acquisition Regulation Supplement: Clauses With 
Alternates--Contract Financing (DFARS Case 2013-D014)

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

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) as part of a project to 
review clauses with alternates to create basic and alternate clauses 
structured in a manner to facilitate use of automated contract writing 
systems. This final rule addresses a contract financing clause.

DATES: Effective April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 78 FR 
48404 on August 8, 2013, to amend the DFARS to revise the presentation 
in the DFARS of a part 232 contract financing clause with an alternate. 
The rule also proposed to add a separate prescription for the basic 
clause as well as the alternate. No public comments were submitted in 
response to the proposed rule.

II. Discussion

    This final rule addresses the single DFARS part 232 clause that has 
an alternate, 252.232-7007, Limitation of Government's Obligation. In 
developing the final rule, DoD determined that the need for an 
alternate to the basic clause could be eliminated by making a minor 
change to paragraph (a) of the basic clause. The only difference 
between the basic clause and the alternate is the number of line items 
subject to incremental funding, which is information inserted by the 
contracting officer into paragraph (a) of the basic clause or the 
alternate clause. In the final rule, the alternate clause is being 
eliminated in its entirety as a result of an editorial change made to 
paragraph (a) of the basic clause. This change enables the contracting 
officer to tailor and use the basic clause, whether a single line item 
or multiple line items are being incrementally funded.

III. 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 not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been performed and is 
summarized as follows:
    This final rule amends the Defense Federal Acquisition Regulation 
Supplement (DFARS) clause 252.232-7007, Limitation of Government's 
Obligation. Paragraph (a) of clause 252.232-7007 is being modified to 
be used for single or multiple line items that are to be incrementally 
funded. The modification of paragraph (a) in the basic clause 
eliminates the need for an alternate clause; therefore the alternate 
clause is removed by this final rule.
    The public did not raise any issues in response to the initial 
regulatory flexibility analysis. The Chief Counsel for Advocacy of the 
Small Business Administration did not submit any comments in response 
to the rule.
    Potential offerors, including small businesses, may be affected by 
this rule by seeing an unfamiliar format for this part 232 clause. 
According to the Federal Procurement Data System, in fiscal year 2012, 
DoD made approximately 270,000 contract awards (not including 
modification and orders) that exceeded the micro-purchase threshold, of 
which approximately 180,000 (67%) were awarded to small businesses. It 
is unknown how many of these contracts were awarded that included 
incremental funding. Nothing substantive will change in solicitations 
or contracts for potential offerors. The overall burden caused by this 
rule is expected to be negligible, and will not be any greater on small 
businesses than it is on large businesses.
    This rule does not add any new information collection requirements. 
No alternatives were identified that will accomplish the objectives of 
the rule.

V. 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).

List of Subjects in 48 CFR Part 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

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

0
2. Amend section 252.232-7007 by--
0
a. Removing the clause date ``(MAY 2006)'' and adding ``(APR 2014)'' in 
its place;
0
b. Revising paragraph (a); and
0
c. Removing Alternate I.
    The revision reads as follows.


252.232-7007  Limitation of Government's obligation.

* * * * *
    (a) Contract line item(s) [Contracting Officer insert after 
negotiations] is/are incrementally funded. For this/these item(s), 
the sum of $---- [Contracting Officer insert after negotiations] of 
the total price is presently available for payment and allotted

[[Page 22043]]

to this contract. An allotment schedule is set forth in paragraph 
(j) of this clause.
* * * * *
[FR Doc. 2014-08856 Filed 4-18-14; 8:45 am]
BILLING CODE 5001-01-P

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