Defense Federal Acquisition Regulation Supplement: Deletion of Certification Requirement Regarding Separation of Duties of Senior Leaders (DFARS Case 2015-D003), 73487-73488 [2014-28817]
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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations
(PRA). Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information subject
to the Paperwork Reduction Act unless
that collection displays a currently valid
OMB Control Number.
Executive Order 12866
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
PART 300—MANUAL OF
REGULATIONS AND PROCEDURES
FOR FEDERAL RADIO FREQUENCY
MANAGEMENT
1. The authority citation for part 300
continues to read as follows:
■
Authority: 47 U.S.C. 901 et seq., Executive
Order 12046 (March 27, 1978), 43 FR 13349,
3 CFR 1978 Comp., p. 158.
2. Section 300.1(b) is revised to read
as follows:
■
Administrative Procedure Act/
Regulatory Flexibility Act
§ 300.1 Incorporation by reference of the
Manual of Regulations and Procedures for
Federal Radio Frequency Management.
NTIA finds good cause under 5 U.S.C.
553(b)(3)(B) to waive prior notice and
opportunity for public comment as it is
unnecessary. This action amends the
regulations to include the date of the
most current edition of the NTIA
Manual. These changes do not impact
the rights or obligations to the public.
The NTIA Manual applies only to
federal agencies. Because these changes
impact only federal agencies, NTIA
finds it unnecessary to provide for the
notice and comment requirements of 5
U.S.C. 553. NTIA finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness for the
reasons provided above. Because notice
and opportunity for comment are not
required pursuant to 5 U.S.C. 553 or any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
Therefore, a regulatory flexibility
analysis is not required and has not
been prepared.
*
Congressional Review Act
RIN 0750–AI48
The NTIA Manual provides for
policies and procedures for federal
agencies’ use of spectrum. The NTIA
Manual and the changes thereto do not
substantially affect the rights or
obligations of the public. As a result,
this notice is not a ‘‘rule’’ as defined by
the Congressional Review Act, 5 U.S.C.
804(3)(C).
Defense Federal Acquisition
Regulation Supplement: Deletion of
Certification Requirement Regarding
Separation of Duties of Senior Leaders
(DFARS Case 2015–D003)
Executive Order 13132
Regulatory Text
tkelley on DSK3SPTVN1PROD with RULES
List of Subjects in 47 CFR Part 300
Communications, Incorporation by
reference, Radio.
For the reasons set forth in the
preamble, NTIA amends the Code of
Federal Regulations, title 47, part 300 as
follows:
17:05 Dec 10, 2014
Jkt 235001
Dated: December 4, 2014.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. 2014–28841 Filed 12–10–14; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 203
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 delete the requirement for
DoD departments and agencies to certify
every two years that no senior leader
has performed multiple roles in the
acquisition of a major weapon system or
major service.
DATES: Effective December 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
This rule does not contain policies
having federalism implications as that
term is defined in Executive Order
13132.
VerDate Sep<11>2014
*
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(b) The federal agencies shall comply
with the requirements set forth in the
2013 edition of the NTIA Manual, as
revised through May 2014, which is
incorporated by reference with approval
of the Director, Office of the Federal
Register in accordance with 5. U.S.C.
552(a) and 1 CFR part 51.
*
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*
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*
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4700
Sfmt 4700
73487
I. Background
DFARS 203.170(a) implements a
Defense Procurement and Acquisition
Policy (DPAP) memorandum, dated
September 17, 2008, which has now
been rescinded because the necessary
information is incorporated in the
DFARS and the DFARS companion
document, ‘‘Procedures, Guidance, and
Information (PGI).’’ However,
departments and agencies are no longer
required to submit every two years to
DPAP (Contract Policy and International
Contracting) a certification that no
senior leader has performed multiple
roles in source selection for a major
weapon system or major service
acquisition.
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 that applies to the publication of
the Federal Acquisition Regulation.
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 only affects the roles of senior
leaders within the Department of
Defense in source selection for a major
weapon system or major service
acquisition. 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
E:\FR\FM\11DER1.SGM
11DER1
73488
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations
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.
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 203
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 203 is
amended as follows:
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1. The authority citation for 48 CFR
part 203 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Business practices.
*
*
*
*
*
(a) Senior leaders shall not perform
multiple roles in source selection for a
major weapon system or major service
acquisition.
*
*
*
*
*
[FR Doc. 2014–28817 Filed 12–10–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 209, 212, 225, and
252
tkelley on DSK3SPTVN1PROD with RULES
RIN 0750–AI34
Defense Federal Acquisition
Regulation Supplement: State
Sponsors of Terrorism (DFARS Case
2014–D014)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:05 Dec 10, 2014
Jkt 235001
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 79 FR 45666 on
August 5, 2014, to clarify and relocate
coverage relating to state sponsors of
terrorism (as identified by the
Department of State), add an explicit
representation, and conform the
terminology. No respondents submitted
public comments in response to the
proposed rule.
This rule is part of DoD’s
retrospective plan, completed in August
2011, under Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review.’’ DoD’s full plan and updates
can be accessed at: https://
www.regulations.gov/#!docketDetail;
dct=FR+PR+N+O+SR;rpp=10;po=0;D=
DOD-2011-OS-0036.
II. Discussion and Analysis
2. In section 203.170, revise paragraph
(a) to read as follows:
■
203.170
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify and relocate text
relating to state sponsors of terrorism (as
identified by the Department of State),
add an explicit representation, and
conform the terminology.
DATES: Effective December 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
No public comments were received.
The final rule is the same as the
proposed rule, except for minor edits.
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
DoD certifies that this 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.,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
because this rule will only have an
impact on a firm, or a subsidiary of a
firm, in which the government of a
country that is a state sponsor of
terrorism has a significant interest.
The number of domestic entities
significantly impacted by this rule will
be minimal, if any. For the definition of
‘‘small business,’’ the Regulatory
Flexibility Act refers to the Small
Business Act, which in turn allows the
U.S. Small Business Administration
(SBA) Administrator to specify detailed
definitions or standards (5 U.S.C. 601(3)
and 15 U.S.C. 632(a)). The SBA
regulations at 13 CFR 121.105 discuss
who is a small business: ‘‘(a)(1) Except
for small agricultural cooperatives, a
business concern eligible for assistance
from SBA as a small business is a
business entity organized for profit,
with a place of business located in the
United States, and which operates
primarily within the United States or
which makes a significant contribution
to the U.S. economy through payment of
taxes or use of American products,
materials or labor.’’
V. Paperwork Reduction Act
The rule contains 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);
however, these changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0187,
entitled ‘‘Information Collection in
Support of the DoD Acquisition Process
(Various Miscellaneous Requirements).’’
This final rule removes provision
252.209–7001, Disclosure of Ownership
or Control by the Government of a
Terrorist Country, and replaces it with
provision 252.225–7050, Disclosure of
Ownership or Control by the
Government of a Country that is a State
Sponsor of Terrorism. The burden in
clearance 0704–0187 previously
associated with the provision 252.209–
7001, which is now associated with
provision 252.225–7050, remains
unchanged and is estimated at 1 hour,
because such disclosure occurs rarely, if
ever. 10 U.S.C. prohibits award to a firm
or a subsidiary of a firm if the
government of country that is a state
sponsor of terrorism has a significant
interest in the firm or subsidiary, unless
the Secretary of Defense grants a waiver.
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73487-73488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 203
RIN 0750-AI48
Defense Federal Acquisition Regulation Supplement: Deletion of
Certification Requirement Regarding Separation of Duties of Senior
Leaders (DFARS Case 2015-D003)
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 delete the requirement for
DoD departments and agencies to certify every two years that no senior
leader has performed multiple roles in the acquisition of a major
weapon system or major service.
DATES: Effective December 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DFARS 203.170(a) implements a Defense Procurement and Acquisition
Policy (DPAP) memorandum, dated September 17, 2008, which has now been
rescinded because the necessary information is incorporated in the
DFARS and the DFARS companion document, ``Procedures, Guidance, and
Information (PGI).'' However, departments and agencies are no longer
required to submit every two years to DPAP (Contract Policy and
International Contracting) a certification that no senior leader has
performed multiple roles in source selection for a major weapon system
or major service acquisition.
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 that applies to the publication of the Federal Acquisition
Regulation. 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 only affects the roles of senior leaders within the
Department of Defense in source selection for a major weapon system or
major service acquisition. 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
[[Page 73488]]
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.
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 203
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 203 is amended as follows:
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. In section 203.170, revise paragraph (a) to read as follows:
203.170 Business practices.
* * * * *
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
* * * * *
[FR Doc. 2014-28817 Filed 12-10-14; 8:45 am]
BILLING CODE 5001-06-P
