Defense Federal Acquisition Regulation Supplement; Long-Haul Telecommunications (DFARS Case 2015-D023), 72674-72675 [2015-29554]

Download as PDF 72674 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS 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. DFARS 252.225–7013, currently approved under OMB Control Number 0704–0229, titled Foreign Acquisition, in accordance with the Paperwork Reduction Act (44.U.S.C. chapter 35). The impact, however, is negligible, because this rule only makes an upward adjustment of the duty-free entry threshold from the $200 to $300. III. Regulatory Flexibility Act DoD does not expect this 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 this rule only makes an upward adjustment of an administrative threshold. However, an initial regulatory flexibility analysis has been prepared consistent with 5 U.S.C. 603 and is summarized as follows: The objective of this rule is to revise DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225–7013, Duty-Free Entry, by increasing the dutyfree entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300. The current threshold, established in 2003, was based on the estimated cost to process a duty-free entry certificate at the time. This rule proposes to make the upward adjustment to reflect annual inflation rates (based on the U.S. Consumer Price Index) that have occurred in the last 12 years. Current data indicates, on average, approximately 31,500 duty-free entry certificates on foreign supplies for DoD per year. DoD does not expect a change in the estimated duty-free entry processes. As such, small entities will not be materially affected by this rule. This rule does not impose any additional reporting, recordkeeping, and other compliance requirements. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. The impact of this rule on small business is not expected to be significant. 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 this 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 2015–D036), in correspondence. List of Subjects in 48 CFR Parts 225 and 252 VI. Paperwork Reduction Act The rule affects the information collection requirements in the clause at VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are proposed to be amended as follows: ■ 1. The authority citation for parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 225—FOREIGN ACQUISITION 225.901 [Amended] 2. In section 225.901, amend paragraph (3) by removing ‘‘$200’’ and adding ‘‘$300’’ in its place. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225–7013 [Amended] 3. Amend section 252.225–7013 by— a. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(DATE)’’ in its place; and ■ b. Amending paragraph (b)(3) by removing ‘‘$200’’ and adding ‘‘$300’’ in its place. ■ ■ [FR Doc. 2015–29557 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P I. Background DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 239 [Docket DARS–2015–0046] RIN 0750–AI72 Defense Federal Acquisition Regulation Supplement; Long-Haul Telecommunications (DFARS Case 2015–D023) Department of Defense (DoD). Proposed rule. AGENCY: ACTION: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ‘‘long-haul telecommunications.’’ SUMMARY: PO 00000 Frm 00067 Fmt 4702 Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2015–D023, using any of the following methods: Æ Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2015–D023’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D023.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DARS Case 2015– D023 on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D023 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Kyoung Lee, OUSD(AT&L) DPAP/DARS, Room 3B941, 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: Ms. Kyoung Lee, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: DATES: Sfmt 4702 DoD is proposing to amend DFARS 239.7401 to add a definition of ‘‘longhaul telecommunications.’’ The rule also amends DFARS 239.7402 to provide a pointer to internal Government procedures in DFARS Procedures, Guidance, and Information (PGI) to identify the Defense Information Systems Agency as the sole procurement activity for long-haul telecommunications requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency. 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 E:\FR\FM\20NOP1.SGM 20NOP1 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS III. Regulatory Flexibility Act DoD does not expect this 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 this rule only adds a definition of ‘‘long-haul telecommunications’’ and provides a pointer to DFARS PGI for procedures internal to DoD. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: The purpose of this proposed rule is to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ‘‘longhaul telecommunications’’ so that contracting officers will know when the procedures at DFARS Procedures, Guidance, and Information 239.7402 are applicable. The requirements under this rule will apply to long-haul telecommunications (Product Service Code D304) requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency (DISA). According to data available in the Federal Procurement Data System (FPDS) for fiscal year 2014 and through July 31, 2015, DoD awarded 13,596 new longhaul telecommunications contracts. Approximately 3 percent (451) of the total were awarded to small entities (comprised of 222 unique small entities). This rule does not create any new reporting or recordkeeping requirements. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. 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 this rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2015–D023) in correspondence. VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 72675 V. Paperwork Reduction Act DEPARTMENT OF DEFENSE 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). Defense Acquisition Regulations System List of Subjects in 48 CFR Part 239 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 239 is proposed to be amended as follows: PART 239—ACQUISITION OF INFORMATION TECHNOLOGY 1. The authority citation for part 239 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Amend section 239.7401 by— ■ a. Removing the alphabetical paragraph designation from each definition; and ■ b. Adding, in alphabetical order, a new definition for ‘‘Long-haul telecommunications’’. The addition reads as follows: ■ 239.7401 Definitions. * * * * * Long-haul telecommunications means all general and special purpose longdistance telecommunications facilities and services (including commercial satellite services, terminal equipment and local circuitry supporting the longhaul service) to or from the post, camp, base, or station switch and/or main distribution frame (except for trunk lines to the first-serving commercial central office for local communications services). * * * * * ■ 3. Amend section 239.7402 by adding paragraph (d) to read as follows: 239.7402 Policy. * * * * * (d) Long-haul telecommunications services. When there is a requirement for procurement of long-haul telecommunications services, follow PGI 239.7402(d). [FR Doc. 2015–29554 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 48 CFR Part 241 [Docket DARS–2015–0050] RIN 0750–AI74 Defense Federal Acquisition Regulation Supplement: Contract Term Limit for Shared Energy Savings Contract Services (DFARS Case 2015– D018) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. AGENCY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the contract term for shared energy savings contract services. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2015–D018, using any of the following methods: Æ Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2015–D018’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D018.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2015– D018’’ on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D018 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Janetta L. Brewer, OUSD(AT&L)DPAP/DARS, Room 3B941, 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: Ms. Janetta L. Brewer, telephone 571–372– 6104. SUMMARY: E:\FR\FM\20NOP1.SGM 20NOP1

Agencies

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72674-72675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29554]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 239

[Docket DARS-2015-0046]
RIN 0750-AI72


Defense Federal Acquisition Regulation Supplement; Long-Haul 
Telecommunications (DFARS Case 2015-D023)

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule.

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

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add a definition of ``long-haul 
telecommunications.''

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before January 19, 2016, to be considered 
in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2015-D023, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D023'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2015-D023.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DARS Case 2015-D023 on your attached document.
    [cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D023 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Kyoung Lee, OUSD(AT&L) DPAP/DARS, Room 3B941, 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: Ms. Kyoung Lee, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend DFARS 239.7401 to add a definition of 
``long-haul telecommunications.'' The rule also amends DFARS 239.7402 
to provide a pointer to internal Government procedures in DFARS 
Procedures, Guidance, and Information (PGI) to identify the Defense 
Information Systems Agency as the sole procurement activity for long-
haul telecommunications requirements as addressed in DoD Directive 
5105.19, Defense Information Systems Agency.

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

[[Page 72675]]

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.

III. Regulatory Flexibility Act

    DoD does not expect this 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 this rule 
only adds a definition of ``long-haul telecommunications'' and provides 
a pointer to DFARS PGI for procedures internal to DoD. However, an 
initial regulatory flexibility analysis has been performed and is 
summarized as follows:
    The purpose of this proposed rule is to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add a definition of 
``long-haul telecommunications'' so that contracting officers will know 
when the procedures at DFARS Procedures, Guidance, and Information 
239.7402 are applicable.
    The requirements under this rule will apply to long-haul 
telecommunications (Product Service Code D304) requirements as 
addressed in DoD Directive 5105.19, Defense Information Systems Agency 
(DISA). According to data available in the Federal Procurement Data 
System (FPDS) for fiscal year 2014 and through July 31, 2015, DoD 
awarded 13,596 new long-haul telecommunications contracts. 
Approximately 3 percent (451) of the total were awarded to small 
entities (comprised of 222 unique small entities).
    This rule does not create any new reporting or recordkeeping 
requirements. This rule does not duplicate, overlap, or conflict with 
any other Federal rules. There are no known significant alternatives to 
the rule.
    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 this rule consistent with 
5 U.S.C. 610. Interested parties must submit such comments separately 
and should cite 5 U.S.C. 610 (DFARS Case 2015-D023) in correspondence.

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 239

    Government procurement.

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

    Therefore, 48 CFR part 239 is proposed to be amended as follows:

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

0
1. The authority citation for part 239 continues to read as follows:

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

0
2. Amend section 239.7401 by--
0
a. Removing the alphabetical paragraph designation from each 
definition; and
0
b. Adding, in alphabetical order, a new definition for ``Long-haul 
telecommunications''.
    The addition reads as follows:


239.7401  Definitions.

* * * * *
    Long-haul telecommunications means all general and special purpose 
long-distance telecommunications facilities and services (including 
commercial satellite services, terminal equipment and local circuitry 
supporting the long-haul service) to or from the post, camp, base, or 
station switch and/or main distribution frame (except for trunk lines 
to the first-serving commercial central office for local communications 
services).
* * * * *
0
3. Amend section 239.7402 by adding paragraph (d) to read as follows:


239.7402  Policy.

* * * * *
    (d) Long-haul telecommunications services. When there is a 
requirement for procurement of long-haul telecommunications services, 
follow PGI 239.7402(d).

[FR Doc. 2015-29554 Filed 11-19-15; 8:45 am]
BILLING CODE 5001-06-P