Defense Federal Acquisition Regulation Supplement: Contract Debts-Conform to FAR Section Designations (DFARS Case 2015-D029), 58632-58633 [2015-24786]

Download as PDF 58632 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations when the Uniform Contract Format is not used) shall include the annotation ‘‘provided under separate cover’’ for any attachment not uploaded to EDA. (b) Agencies are responsible for ensuring the following when posting documents, including contractual instruments, to EDA— (1) The timely distribution of documents; and (2) That internal controls are in place to ensure that— (i) The electronic version of a contract document in EDA is an accurate representation of the contract; and (ii) The contract data in EDA is an accurate representation of the underlying contract. 204.270–2 Procedures. The procedures at PGI 204.270–2 provide details on how to record the results of data verification in EDA. When these procedures are followed, contract documents in EDA are an accurate representation of the contract and therefore may be used for audit purposes. objectives for solicitations and contracts for services. These plans should be tailored to address the performance risks inherent in the specific contract type and the work effort addressed by the contract. (See FAR subpart 46.4.) Retain quality assurance surveillance plans in the contract file. See http:// sam.dau.mil, Step Four—Requirements Definition, for examples of quality assurance surveillance plans. [FR Doc. 2015–24785 Filed 9–29–15; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 232 [Docket No. DARS 2015–0047] RIN 0750–AI70 5. Revise section 204.802 to read as follows: Defense Federal Acquisition Regulation Supplement: Contract Debts—Conform to FAR Section Designations (DFARS Case 2015– D029) 204.802 AGENCY: ■ Contract files. (a) Any document posted to the Electronic Document Access (EDA) system is part of the contract file and is accessible by multiple parties, including the contractor. Do not include in EDA contract documents that are classified, too sensitive for widespread distribution (e.g., personally identifiable information and Privacy Act and Health Insurance Portability and Accountability Act), or attachments that cannot be practicably converted to electronic format (e.g., samples, drawings, and models). Inclusion of any document in EDA other than contracts, modifications, and orders is optional. (f) A photocopy, facsimile, electronic, mechanically-applied and printed signature, seal, and date are considered to be an original signature, seal, and date. 204.805 [Amended] 6. Amend section 204.805, paragraph (1), by removing ‘‘official contract files’’ and adding ‘‘contract files’’ in its place. ■ mstockstill on DSK4VPTVN1PROD with RULES PART 237—SERVICE CONTRACTING 7. Revise section 237.172 to read as follows: ■ 237.172 Service contracts surveillance. Ensure that quality assurance surveillance plans are prepared in conjunction with the preparation of the statement of work or statement of VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) subpart on contract debts to conform with the comparable Federal Acquisition Regulation (FAR) subpart. DATES: Effective September 30, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571–372– 6174. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the numbering structure for various sections in DFARS subpart 232.6 and revising section headings, where appropriate, in order to conform with the FAR. This change will align the DFARS with the same coverage in the FAR. No changes are made beyond the redesignation of DFARS subpart 232.6 section numbers and the conformation of DFARS section headings to the FAR. 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 Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it 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 the DFARS sections are being renumbered merely to conform to the FAR sections and the DFARS section titles are being modified to conform to the FAR section titles. The content of the DFARS sections remains unchanged. This will alleviate any confusion the contracting officers may have and aid in moving between the two regulations with ease. 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. 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). E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations removing ‘‘FAR 32.617(a)(2)’’ and adding ‘‘FAR 32.611(a)(2)’’ in its place. List of Subjects in 48 CFR Part 232 Government procurement. [FR Doc. 2015–24786 Filed 9–29–15; 8:45 am] Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. BILLING CODE 5001–06–P DEPARTMENT OF TRANSPORTATION Therefore, 48 CFR part 232 is amended as follows: Pipeline and Hazardous Materials Safety Administration PART 232—CONTRACT FINANCING 1. The authority citation for 48 CFR part 232 continues to read as follows: 49 CFR Part 192 ■ [Docket No. PHMSA–2010–0026; Amdt. Nos. 191–23; 192–120; 195–100] Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 232.605 RIN 2137–AE59 [Redesignated as 232.602] Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations: Response to Petitions for Reconsideration 2. Redesignate section 232.605 as 232.602. ■ 3. In the newly redesignated section 232.602, revise the heading to read as follows: ■ 232.602 * * 232.606 Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule; response to petitions for reconsideration. AGENCY: Responsibilities. * * * [Redesignated as 232.603] 4. Redesignate section 232.606 as 232.603. ■ 5. Revise the newly redesignated section 232.603 to read as follows: ■ 232.603 Debt determination. When transferring a case to the contract financing office, follow the procedures at PGI 232.603. 232.610 [Redesignated as 232.604] 6. Redesignate section 232.610 as 232.604. ■ 7. Revise the newly redesignated section 232.604 to read as follows: ■ 232.604 Demand for payment. When issuing a demand for payment of a contract debt, follow the procedures at PGI 232.604. 232.616 [Redesignated as 232.610] 8. Redesignate section 232.616 as 232.610. ■ 9. Revise the newly redesignated section 232.610 to read as follows: ■ 232.610 mstockstill on DSK4VPTVN1PROD with RULES [Redesignated as 232.611] 10. Redesignate section 232.617 as 232.611. ■ 232.611 [Amended] 11. In the newly redesignated section 232.611, amend paragraph (a) by ■ VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 Kay McIver, Transportation Specialist, by telephone at 202–366–0113, or by electronic mail at kay.mciver@dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Compromising debts. Only the department/agency contract financing offices (see PGI 232.070(c)) are authorized to compromise debts covered by this subpart. 232.617 On March 11, 2015, PHMSA published a final rule amending the pipeline safety regulations to make miscellaneous changes that updated and clarified certain regulatory requirements. These amendments addressed several subject matter areas, including the performance of postconstruction inspections, Type B onshore gas gathering line leak surveys, qualifying plastic pipe joiners, ethanol regulation, pipe transportation, offshore pipeline condition report filing, pressure reduction calculations for hazardous liquid pipeline anomalies, and components fabricated by welding. This final rule responds to petitions for reconsideration of the final rule. DATES: The effective date of the amendment to 49 CFR 192.305, published at 80 FR 12779, March 11, 2015, is delayed indefinitely. PHMSA will publish a document in the Federal Register announcing a new effective date. SUMMARY: I. Background On March 11, 2015, PHMSA published a final rule amending the pipeline safety regulations to make miscellaneous changes that update and clarify certain regulatory requirements (80 FR 12762). These amendments address several subject matter areas, PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 58633 including the performance of postconstruction inspections, Type B onshore gas gathering line leak surveys, qualifying plastic pipe joiners, ethanol regulation, pipe transportation, offshore pipeline condition report filing, pressure reduction calculations for hazardous liquid pipeline anomalies, and components fabricated by welding. II. Petitions for Reconsideration Collectively, PHMSA received four petitions for reconsideration of the final rule from the American Public Gas Association (APGA), the American Gas Association (AGA), the Interstate Natural Gas Association (INGAA), and the National Association of Pipeline Safety Representatives (NAPSR). The APGA, the AGA, and NAPSR expressed concerns about the provisions of the final rule applicable to construction inspection in § 192.305. INGAA and the AGA expressed concerns applicable to provisions in the final rule applicable to components fabricated by welding. Components Fabricated by Welding; 49 CFR 192.153 and 192.165(b)(3) In the final rule published on March 11, 2015, PHMSA added paragraph (e) to § 192.153 requiring that ‘‘a component having a design pressure established under paragraph (a) or paragraph (b) of this section and subject to the strength testing requirements of § 192.505(b) must be tested to at least 1.5 times the MAOP.’’ PHMSA also modified § 192.165(b)(3) to crossreference this new subsection. In the preamble to the final rule, PHMSA noted ‘‘this proposal is not a change to the current pressure testing requirements found in Part 192, but [is] simply a clarification to ensure a clearer understanding of PHMSA’s pressure testing requirements for certain ASME BPVC vessels located in compressor stations, meter stations and other Class 3 or Class 4 locations’’ (80 FR 12772, March 11, 2015). On April 10, 2015, INGAA and AGA filed separate petitions for reconsideration with PHMSA regarding this change (Docket No. PHMSA–2010– 0026). INGAA stated that PHMSA’s modifications to these code sections were not merely a clarification, but a departure from industry and agency understanding and practice, and require additional review. Specifically, INGAA claimed that PHMSA changed the acceptable test factor for a pressure vessel built under the American Society or Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPVC) from the ASME requirements of 1.3 times the Maximum Allowable Working Pressure E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58632-58633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24786]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 232

[Docket No. DARS 2015-0047]
RIN 0750-AI70


Defense Federal Acquisition Regulation Supplement: Contract 
Debts--Conform to FAR Section Designations (DFARS Case 2015-D029)

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) subpart on contract debts to 
conform with the comparable Federal Acquisition Regulation (FAR) 
subpart.

DATES: Effective September 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the numbering structure for various sections in 
DFARS subpart 232.6 and revising section headings, where appropriate, 
in order to conform with the FAR. This change will align the DFARS with 
the same coverage in the FAR. No changes are made beyond the 
redesignation of DFARS subpart 232.6 section numbers and the 
conformation of DFARS section headings to the FAR.

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 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 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 the DFARS sections are being renumbered merely to conform to 
the FAR sections and the DFARS section titles are being modified to 
conform to the FAR section titles. The content of the DFARS sections 
remains unchanged. This will alleviate any confusion the contracting 
officers may have and aid in moving between the two regulations with 
ease. 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.

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).

[[Page 58633]]

List of Subjects in 48 CFR Part 232

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 232 is amended as follows:

PART 232--CONTRACT FINANCING

0
1. The authority citation for 48 CFR part 232 continues to read as 
follows:

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


232.605  [Redesignated as 232.602]

0
2. Redesignate section 232.605 as 232.602.
0
3. In the newly redesignated section 232.602, revise the heading to 
read as follows:


232.602  Responsibilities.

* * * * *


232.606  [Redesignated as 232.603]

0
4. Redesignate section 232.606 as 232.603.

0
5. Revise the newly redesignated section 232.603 to read as follows:


232.603  Debt determination.

    When transferring a case to the contract financing office, follow 
the procedures at PGI 232.603.

232.610  [Redesignated as 232.604]

0
6. Redesignate section 232.610 as 232.604.
0
7. Revise the newly redesignated section 232.604 to read as follows:


232.604  Demand for payment.

    When issuing a demand for payment of a contract debt, follow the 
procedures at PGI 232.604.


232.616  [Redesignated as 232.610]

0
8. Redesignate section 232.616 as 232.610.

0
9. Revise the newly redesignated section 232.610 to read as follows:


232.610  Compromising debts.

    Only the department/agency contract financing offices (see PGI 
232.070(c)) are authorized to compromise debts covered by this subpart.


232.617  [Redesignated as 232.611]

0
10. Redesignate section 232.617 as 232.611.


232.611  [Amended]

0
11. In the newly redesignated section 232.611, amend paragraph (a) by 
removing ``FAR 32.617(a)(2)'' and adding ``FAR 32.611(a)(2)'' in its 
place.

[FR Doc. 2015-24786 Filed 9-29-15; 8:45 am]
 BILLING CODE 5001-06-P