Defense Federal Acquisition Regulation Supplement: Definition of “Congressional Defense Committees” (DFARS Case 2013-D027), 35699-35700 [2014-14585]
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
Subpart EE—New Hampshire
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revising the existing entry for Env-A 300
to read as follows:
3. In § 52.1520, Table (c) ‘‘EPAAPPROVED NEW HAMPSHIRE
REGULATIONS’’ is amended by
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§ 52.1520
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Identification of plan.
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(c) EPA approved regulations.
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
date
State citation
Title/subject
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Env-A 300 ....................................
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Ambient Air Quality Standards. ...
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[FR Doc. 2014–14531 Filed 6–23–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
48 CFR Parts 202 and 217
RIN 0750–AI23
Defense Federal Acquisition
Regulation Supplement: Definition of
‘‘Congressional Defense Committees’’
(DFARS Case 2013–D027)
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) to clarify the meaning of the
phrase ‘‘congressional defense
committees.’’
SUMMARY:
9/1/2012
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202.101, a new paragraph has been
added, indicating that the definition for
‘‘congressional defense committees’’ is
in accordance with 10 U.S.C. 101(a)(16),
or as otherwise specified by statute for
particular applications. The definition
at 202.101 will no longer include the
Subcommittees on Defense of the
Committees on Appropriation, in
keeping with the definition at 10 U.S.C.
101(a)(16).
There are instances, however, when
this definition may be modified to
reflect the unique requirements of a
specific law. Such is the case at DFARS
217.103. At DFARS subpart 217.1,
which pertains to multiyear contracting,
the definition for ‘‘congressional
defense committees’’ is derived from
DoD annual appropriations acts. As
such, a new definition has been added,
which also encompasses the
Subcommittees on Defense of the
Committees on Appropriations for the
Senate and House.
DoD is amending the DFARS to clarify
the meaning of the phrase
‘‘congressional defense committees.’’
Generally, when this phrase appears in
the DFARS, it has the same meaning as
set forth in 10 U.S.C. 101(a)(16), i.e., the
Committee on Armed Services and the
Committee on Appropriations, of the
Senate and of the House. In DFARS
1 In order to determing the EPA effective date for
a specific provision listed in this table, consult the
Federal Register notice cited in this column for the
particular provision.
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Ms.
Lee Renna, telephone 571–372–6095.
SUPPLEMENTARY INFORMATION:
I. Background
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issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment
because it will not have a significant
cost or administrative impact. These
requirements affect only the internal
operating procedures of the
Government.
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.
1 In order to determine the EPA effective date for
a specific provision listed in this table, consult the
Federal Register notice cited in this column for the
particular provision.
Effective June 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Explanations
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6/24/14 ..............................
[Insert Federal Register
page number where the
document begins].
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations,’’ 41 U.S.C. 1707, is the
statute which applies to the publication
of the Defense Federal Acquisition
Regulation Supplement. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure, or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
DATES:
wreier-aviles on DSK5TPTVN1PROD with RULES
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EPA approval date 1
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
E:\FR\FM\24JNR1.SGM
24JNR1
35700
Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
V. Paperwork Reduction Act
This 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 Parts 202 and
217
Government procurement.
(4) The Committee on Armed Services
of the House of Representatives;
(5) The Committee on Appropriations
of the House of Representatives; and
(6) The Subcommittee on Defense of
the Committee on Appropriations of the
House of Representatives.
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[FR Doc. 2014–14585 Filed 6–23–14; 8:45 am]
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
DEPARTMENT OF DEFENSE
Therefore, 48 CFR parts 202 and 217
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 202 and 217 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 202—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 202.101 by revising
the definition of ‘‘congressional defense
committees’’ to read as follows:
■
202.101
Definitions.
Congressional defense committees
means—
(1) In accordance with 10 U.S.C.
101(a)(16), except as otherwise specified
in paragraph (2) of this definition or as
otherwise specified by statute for
particular applications—
(i) The Committee on Armed Services
of the Senate;
(ii) The Committee on Appropriations
of the Senate;
(iii) The Committee on Armed
Services of the House of
Representatives; and
(iv) The Committee on Appropriations
of the House of Representatives.
(2) For use in subpart 217.1, see the
definition at 217.103.
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PART 217—SPECIAL CONTRACTING
METHODS
3. Amend section 217.103 by adding,
in alphabetical order, the definition for
‘‘congressional defense committees’’ to
read as follows:
■
217.103
Definitions.
wreier-aviles on DSK5TPTVN1PROD with RULES
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Congressional defense committees
means—
(1) The Committee on Armed Services
of the Senate;
(2) The Committee on Appropriations
of the Senate;
(3) The Subcommittee on Defense of
the Committee on Appropriations of the
Senate;
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BILLING CODE 5001–06–P
Defense Acquisition Regulations
System
48 CFR Part 237
RIN 0750–AI05
Defense Federal Acquisition
Regulation Supplement: Private Sector
Notification Requirements of InSourcing Actions (DFARS Case 2012–
D036)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
with changes, an interim rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act (NDAA) for
Fiscal Year 2012 regarding private
sector notification of in-sourcing
actions.
DATES: Effective June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Janetta Brewer, telephone 571–372–
6104.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published an interim rule in the
Federal Register at 78 FR 65218 on
October 31, 2013, to establish
procedures for the timely notification of
any contractor that performs a function
that the Secretary plans to convert (insource) to performance by DoD civilian
employees and provide the
congressional defense committees a
copy of any such notification. One
respondent submitted comments in
response to the interim rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments is provided
below. No changes were made to the
final rule based on the public
comments; however, one editorial
change is being made to clarify a
reference.
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A. Analysis of Public Comments
Comment: The respondent
commented that, while the interim rule
requires the contracting officer to notify
an affected incumbent contractor about
an in-sourcing decision within 20
business days of receiving the decision
from the in-sourcing program official,
the rule does not specifically address
how soon DoD can commence the insourcing action after issuing the notice.
The respondent stated the rule should
require issuance of the in-sourcing
notice in a reasonable amount of time
prior to DoD’s commencement of the insourcing action.
Response: No action was taken as a
result of this comment. DoD guidance at
DFARS 237.102–79 and in the
memorandum at DFARS Procedures,
Guidance and Information 237.102–79,
reflects that the in-sourcing of
contracted services falls into the
following three categories of
justification (1) inherently
Governmental functions (2) work
closely associated with inherently
Governmental functions, critical in
nature, and unauthorized personal
services, and (3) cost-based in-sourcing
decisions. The nature of the contracts in
these three categories is such that it is
essential for the Government to have the
ability to take in-sourcing actions once
notification is provided to affected
incumbent contractors.
Comment: The respondent suggested
including specific details of the
rationale for the in-sourcing decision in
the notice to the contractors to ensure
meaningful insight about the rationale.
Response: No action was taken on this
comment as DoD included language
requiring that a summary of why the
service is being insourced be included
in the notice and therefore, as written,
the rule fulfills the objective of
transparency and accountability.
B. Other Changes
Editorial changes were made to clarify
where the OASD memorandum ‘‘Private
Sector Notification Requirements in
Support of In Sourcing Actions,’’ dated
January 29, 2013, can be found in the
DFARS Procedures Guidance and
Information.
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
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35699-35700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14585]
=======================================================================
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DEPARTMENT OF DEFENSE
48 CFR Parts 202 and 217
RIN 0750-AI23
Defense Federal Acquisition Regulation Supplement: Definition of
``Congressional Defense Committees'' (DFARS Case 2013-D027)
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) to clarify the meaning of the
phrase ``congressional defense committees.''
DATES: Effective June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Lee Renna, telephone 571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to clarify the meaning of the phrase
``congressional defense committees.'' Generally, when this phrase
appears in the DFARS, it has the same meaning as set forth in 10 U.S.C.
101(a)(16), i.e., the Committee on Armed Services and the Committee on
Appropriations, of the Senate and of the House. In DFARS 202.101, a new
paragraph has been added, indicating that the definition for
``congressional defense committees'' is in accordance with 10 U.S.C.
101(a)(16), or as otherwise specified by statute for particular
applications. The definition at 202.101 will no longer include the
Subcommittees on Defense of the Committees on Appropriation, in keeping
with the definition at 10 U.S.C. 101(a)(16).
There are instances, however, when this definition may be modified
to reflect the unique requirements of a specific law. Such is the case
at DFARS 217.103. At DFARS subpart 217.1, which pertains to multiyear
contracting, the definition for ``congressional defense committees'' is
derived from DoD annual appropriations acts. As such, a new definition
has been added, which also encompasses the Subcommittees on Defense of
the Committees on Appropriations for the Senate and House.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations,'' 41 U.S.C. 1707, is the
statute which applies to the publication of the Defense Federal
Acquisition Regulation Supplement. Paragraph (a)(1) of the statute
requires that a procurement policy, regulation, procedure, or form
(including an amendment or modification thereof) must be published for
public comment if it relates to the expenditure of appropriated funds,
and has either a significant effect beyond the internal operating
procedures of the agency issuing the policy, regulation, procedure or
form, or has a significant cost or administrative impact on contractors
or offerors. This final rule is not required to be published for public
comment because it will not have a significant cost or administrative
impact. These requirements affect only the internal operating
procedures of the Government.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
[[Page 35700]]
V. Paperwork Reduction Act
This 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 Parts 202 and 217
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202 and 217 are amended as follows:
0
1. The authority citation for 48 CFR parts 202 and 217 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. Amend section 202.101 by revising the definition of ``congressional
defense committees'' to read as follows:
202.101 Definitions.
Congressional defense committees means--
(1) In accordance with 10 U.S.C. 101(a)(16), except as otherwise
specified in paragraph (2) of this definition or as otherwise specified
by statute for particular applications--
(i) The Committee on Armed Services of the Senate;
(ii) The Committee on Appropriations of the Senate;
(iii) The Committee on Armed Services of the House of
Representatives; and
(iv) The Committee on Appropriations of the House of
Representatives.
(2) For use in subpart 217.1, see the definition at 217.103.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
0
3. Amend section 217.103 by adding, in alphabetical order, the
definition for ``congressional defense committees'' to read as follows:
217.103 Definitions.
* * * * *
Congressional defense committees means--
(1) The Committee on Armed Services of the Senate;
(2) The Committee on Appropriations of the Senate;
(3) The Subcommittee on Defense of the Committee on Appropriations
of the Senate;
(4) The Committee on Armed Services of the House of
Representatives;
(5) The Committee on Appropriations of the House of
Representatives; and
(6) The Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives.
* * * * *
[FR Doc. 2014-14585 Filed 6-23-14; 8:45 am]
BILLING CODE 5001-06-P
