Federal Acquisition Regulation; Removal of Regulations Relating to Telegraphic Communication, 36245-36251 [2016-13189]

Download as PDF Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–3029 to read as follows: ■ § 165.T01–0329 Safety Zone—Casco Bay Islands Swim Event—Casco Bay, Portland, Maine. (a) General. Establish a temporary safety zone: (1) Location. The following area is a safety zone: All navigable waters, from surface to bottom, within (200) feet from the participants and vessels in support of events in Casco Bay, Portland, ME, and enclosed by a line connecting the following points (NAD 83): Latitude sradovich on DSK3TPTVN1PROD with PROPOSALS 43°42′47″ 43°38′09″ 43°38′57″ 43°41′31″ 43°43′25″ N N N N N Longitude .......... .......... .......... .......... .......... 70°07′07″ W.; thence 70°11′57″ W.; thence 70°12′55″ W.; thence 70°11′37″ W.; thence 70°08′25″ W.; thence point of origin. to. to. to. to. to (2) Effective and Enforcement Period. This rule will be effective on August 14, 2016, from 6:30 a.m. to 12:00 p.m. (b) Regulations. While this safety zone is being enforced, the following regulations, along with those contained in 33 CFR 165.23, apply: (1) No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP) or the COTP’s representatives. However, any vessel that is granted permission by the COTP or the COTP’s representatives must proceed through the area with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules. (2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP’s representatives. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP’s representatives. (3) To obtain permissions required by this regulation, individuals may reach the COTP or a COTP representative via VHF channel 16 or 207–767–0302 VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 (Sector Northern New England Command Center). (c) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226. (d) Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners, Broadcast Notice to Mariners, and to mariners for the purpose of enforcement of this temporary safety zone. Sector Northern New England will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone. (e) COTP Representative. The COTP’s representative may be any Coast Guard commissioned, warrant, or petty officer or any Federal, state, or local law enforcement officer who has been designated by the COTP to act on the COTP’s behalf. The COTP’s representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, a state or local law enforcement vessel, or a location on shore. Dated: May 16, 2016. M.A. Baroody, Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New England. [FR Doc. 2016–13342 Filed 6–3–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 [FAR Case 2015–035; Docket 2015–0035; Sequence 1] RIN 9000–AN23 Federal Acquisition Regulation; Removal of Regulations Relating to Telegraphic Communication Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to delete the use of ‘‘telegram’’, ‘‘telegraph’’, and related terms. The objective is to delete reference to obsolete technologies no longer in use and replace with references to electronic SUMMARY: PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 36245 communications. In addition, conforming changes are proposed covering expedited notice of termination and change orders. DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before August 5, 2016 to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2015–035 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2015–035’’. Select the link ‘‘Comment Now’’ that corresponds with FAR Case 2015–035. Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2015–035’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2015–035, in all correspondence related to this case. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential 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. Zenaida Delgado, Procurement Analyst, at 202–969–7207, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAR case 2015–035. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are proposing to amend the FAR to delete the use of the terms ‘‘telegram’’, ‘‘telegraph’’, ‘‘telegraphic’’, and related terminology. The word ‘‘telegram’’ emerged shortly after the invention of the electrical telegraph in the 1840s. This terminology and way of communicating was incorporated into the first issue of the FAR, effective April 1, 1984. The emergence of electronic means of communication, starting with the facsimile machine, and then followed by email and mobile-phone text E:\FR\FM\06JNP1.SGM 06JNP1 36246 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules messages in the 1990s, resulted in the sparing use of telegraph services and use of telegrams. On this basis, the Councils are proposing to delete telegraphic services from the FAR and replace these terms with an option for electronic communications. This case is consistent with the Office of Federal Procurement Policy (OFPP) Memorandum dated December 4, 2014 on transforming the marketplace, which describes ongoing actions to support the needs of a 21st century Government. II. Discussion and Analysis (1) This rulemaking proposes to delete all references to ‘‘telegraph’’ and ‘‘telegram’’ and replace these terms with an option for electronic communication. (2) At FAR 49.601–1, a revised policy statement is added to allow the use of electronic means to notify the contractor of a termination for convenience. The objective is to provide an expeditious way to notify the contractor of the termination. This change is necessary because the abbreviated version of the notice of termination for the convenience of the Government is currently linked with the telegraphic notice procedure. (3) At FAR 49.102, a conforming change is added to allow the use of electronic means to notify the contractor of a termination whether the termination is for convenience or default. sradovich on DSK3TPTVN1PROD with PROPOSALS 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 proposed rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this proposed 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. However, an Initial Regulatory Flexibility Analysis (IRFA) has been prepared consistent VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 with 5 U.S.C. 603. The analysis is summarized as follows: The reason for this action is to delete the use of ‘‘telegram’’, ‘‘telegraph’’, and related terms. The Councils are proposing to replace these terms with an option for electronic communications. The objective is to delete reference to obsolete technologies no longer in use within the context of the FAR requirements. The proposed rule would apply to all entities, both small and other than small, performing as contractors or subcontractors on U.S. Government contracts. In 2014 there were about 350,000 active registrants in the System for Award Management (SAM). DoD, GSA, and NASA estimate approximately half of the registrants in SAM (175,000) are small entities that will receive a contract or subcontract in a given year. In 2014 small entities received 1,398,605 or about 9 percent of all actions in that year per the Federal Procurement Data System (FPDS). However, the small entities will not be materially affected by this rule, as the only change provided in this rule is recognition of current options for transmitting documents between the Government and contractors. It does not change the policy requiring the Government to notify contractors of a contract termination. The Government is still responsible to obtain evidence of receipt of termination from the contractor. There are no reporting or recordkeeping requirements associated with this rule. The rule does not duplicate, overlap, or conflict with any other Federal rules. There were no significant alternatives identified that would meet the objective of the rule. The Regulatory Secretariat Division has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this proposed rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2015–035), in correspondence. V. Paperwork Reduction Act The proposed 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 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 Government procurement. PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 Dated: May 31, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 5—PUBLICIZING CONTRACT ACTIONS 5.504 [Amended] 2. Amend section 5.504 by removing from paragraph (d) ‘‘, telegrams,’’. ■ PART 14—SEALED BIDDING 14.201–6 [Amended] 3. Amend section 4.201–6 by removing and reserving paragraph (g). ■ 14.202–2 [Removed and Reserved] 4. Remove and reserve section 14.202–2. ■ 5. Amend section 14.208 by revising paragraph (b) to read as follows: ■ 14.208 Amendment of invitation for bids. * * * * * (b) Before amending an invitation for bids, the contracting officer shall consider the period of time remaining until bid opening and the need to extend this period. * * * * * 14.301 [Amended] 6. Amend section 14.301 by removing and reserving paragraph (b). ■ 7. Revise section 14.302 to read as follows: ■ 14.302 Bid submission. Bids shall be submitted so that they will be received in the office designated in the invitation for bids not later than the exact time set for opening of bids. ■ 8. Amend section 14.303 by revising paragraph (a) to read as follows: 14.303 Modification or withdrawal of bids. (a)(1) Bids may be modified or withdrawn by any method authorized by the solicitation, if notice is received in the office designated in the solicitation not later than the exact time set for opening of bids. If the solicitation authorizes facsimile bids, bids may be modified or withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision prescribed in 14.201–6(v). Modifications E:\FR\FM\06JNP1.SGM 06JNP1 36247 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules received by facsimile shall be sealed in an envelope by a proper official. The official shall write on the envelope: (i) The date and time of receipt and by whom; and (ii) The number of the invitation for bids, and shall sign the envelope. (2) No information contained in the envelope shall be disclosed before the time set for bid opening. * * * * * 14.407–3 9. Amend section 14.407–3 by removing paragraph (g)(4), and redesignating paragraph (g)(5) as (g)(4). [Amended] 10. Amend section 14.408–1 by removing from paragraph (d)(2) ‘‘telegrams or electronic transmissions,’’ and adding ‘‘electronic communications,’’ in its place. ■ 16. Amend section 47.305–10 by revising paragraph (c) to read as follows: ■ 47.305–10 Packing, marking, and consignment instructions. * * * * (c) If necessary to meet required delivery schedules, the contracting officer may issue instructions by telephone or electronic means. The contracting officer shall confirm telephonic instructions in writing, and confirm electronic instructions if the contracting officer did not receive confirmation of receipt. * * * * * PART 49—TERMINATION OF CONTRACTS PART 19—SMALL BUSINESS PROGRAMS 19.302 PART 47—TRANSPORTATION * [Amended] ■ 14.408–1 message contains substantially the information required by the SF 30 and immediate action is taken to issue the SF 30. 17. Amend section 49.102, paragraph (a), by revising the first and second sentences of the introductory text, to read as follows: ■ [Amended] 11. Amend section 19.302 by removing from paragraph (d)(1)(ii) ‘‘telegram,’’. ■ 49.102 PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 15. Amend section 43.201 by revising paragraph (c) to read as follows: 43.201 49.601–1 22.1003–3 [Amended] 12. Amend section 22.1003–3 by removing from paragraph (d) ‘‘telegraph,’’. ■ PART 25—FOREIGN ACQUISITION 25.401 [Amended] 13. Amend section 25.401 in the table, by removing from paragraph (b)(2)(iii) the words ‘‘telegraph services,’’, and removing ‘‘47 U.S.C. 153(20))’’ and adding ‘‘47 U.S.C. 153(24))’’ in its place. ■ PART 28—BONDS AND INSURANCE 28.101–4 [Amended] 14. Amend section 28.101–4 by removing paragraph (c)(6), and redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) through (8), respectively. ■ PART 43—CONTRACT MODIFICATIONS sradovich on DSK3TPTVN1PROD with PROPOSALS Notice of termination. (a) General. The contracting officer shall terminate contracts for convenience or default only by a written notice to the contractor. The notice of termination may be expedited by means of electronic communication capable of providing confirmation of receipt by the contractor. When the notice is mailed, it shall be sent by certified mail, return receipt requested. * * * * * * * * ■ 18. Amend section 49.601–1 by— ■ a. Revising the section heading; and adding an introductory paragraph; ■ b. Removing from paragraph (a) ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’ ’’, and ‘‘Telegraph’’, and adding ‘‘electronic’’, ‘‘[insert ‘‘immediately’’, (today’s date)’’, and ‘‘Provide by electronic means’’ in their places, respectively; and ■ c. Removing from paragraph (b) ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’ ’’, and ‘‘Telegraph’’, and adding ‘‘electronic’’, ‘‘[insert ‘‘immediately’’, (today’s date)’’, and ‘‘Provide by electronic means’’ in their places, respectively. The revision and addition reads as follows: ■ General. * * * * * (c) The contracting officer may issue a change order by electronic means without a SF 30 under unusual or urgent circumstances, provided that the VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 Electronic notice. The contracting officer may provide expedited notice of termination, by electronic means, that includes a requirement for the contractor to confirm receipt. If the contractor does PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 not confirm receipt promptly, the contracting officer shall resend the notice electronically, and expedite the letter notice described in 49.601–2. If confirmation of the electronic notice is received, and the electronic notice includes all content in 49.601–2, the contracting officer, at her or his discretion, need not send the letter notice described in 49.601–2. * * * * * ■ 19. Amend section 49.601–2 by— ■ a. Revising the third and fourth sentences of the introductory paragraph; ■ b. Removing from paragraph (a) ‘‘telegram’’ and adding ‘‘electronic notice’’ in their places, two times; and ■ c. Revising the introductory paragraph of the Alternate notice. The revisions read as follows: 49.601–2 Letter notice. * * * This notice shall be sent by certified mail, return receipt requested, or electronically, provided evidence of receipt is received by the contracting officer. If no prior electronic notice was issued, or if no confirmation of an electronic notice was received, use the alternate notice that follows this notice. * * * * * Alternate notice. Substitute the following paragraph (a) for paragraph (a) of 49.601–2, Notice of Termination to Prime Contractors, if no prior electronic notice was issued, or if no confirmation of an electronic notice was received: * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 20. Amend section 52.214–3 by— a. Revising the date of the provision; and ■ b. Revising paragraph (b). The revisions read as follows: ■ ■ 52.214–3 Bids. * * Amendments to Invitations for * * * Amendments to Invitations for Bids (Date) * * * * * (b)(1) Bidders shall acknowledge receipt of any amendment to this solicitation: (i) By signing and returning the amendment; (ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid; (iii) By letter; (iv) By facsimile, if facsimile bids are authorized in the solicitation; or (v) By email, if email bids are authorized in the solicitation. E:\FR\FM\06JNP1.SGM 06JNP1 36248 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules (2) The Government must receive the acknowledgment by the time and at the place specified for receipt of bids. ■ 21. Amend section 52.214–5 by— ■ a. Revising the date of the provision; ■ b. Removing paragraph (c); and ■ c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d), respectively. The revision reads as follows: 52.214–5 sradovich on DSK3TPTVN1PROD with PROPOSALS * * Submission of Bids. * VerDate Sep<11>2014 * * 16:27 Jun 03, 2016 Submission of Bids (Date) 53.215–1 * ■ * * 52.214–13 * * [Removed and Reserved] 22. Remove and reserve section 52.214–13. ■ PART 53—FORMS 53.213 [Amended] 23. Amend section 53.213 by removing from paragraph (b) ‘‘(10/83)’’ and adding ‘‘(Date)’’ in its place. [Amended] 24. Amend section 53.215–1 by removing from paragraph (b) ‘‘(10/83)’’ and adding ‘‘(Date)’’ in its place. 53.243 [Amended] 25. Amend section 53.243 introductory text by removing ‘‘(10/83)’’ and adding ‘‘(Date)’’ in its place. ■ 26. Revise section 53.301–30 to read as follows: ■ ■ 53.301–30 Standard Form 30, Amendment of Solicitation/Modification of Contract. BILLING CODE 6820–EP–P Jkt 238001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1 VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4725 E:\FR\FM\06JNP1.SGM 06JNP1 36249 EP06JN16.002</GPH> sradovich on DSK3TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules VerDate Sep<11>2014 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules 16:27 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4702 Sfmt 9990 E:\FR\FM\06JNP1.SGM 06JNP1 EP06JN16.003</GPH> sradovich on DSK3TPTVN1PROD with PROPOSALS 36250 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules • Mail: NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on Skate Framework 3.’’ DEPARTMENT OF COMMERCE Instructions: Comments must be submitted by one of the above methods National Oceanic and Atmospheric to ensure that the comments are Administration received, documented, and considered by NMFS. Comments sent by any other 50 CFR Part 648 method, to any other address or [Docket No. 160301164–6164–01] individual, or received after the end of the comment period, may not be RIN 0648–BF87 considered. All comments received are a part of the public record and will Fisheries of the Northeastern United generally be posted for public viewing States; Northeast Skate Complex on www.regulations.gov without change. Fishery; Framework Adjustment 3 and All personal identifying information 2016–2017 Specifications (e.g., name, address) submitted AGENCY: National Marine Fisheries voluntarily by the sender will be Service (NMFS), National Oceanic and publicly accessible. Do not submit Atmospheric Administration (NOAA), confidential business information, or Commerce. otherwise sensitive or protected information. NMFS will accept ACTION: Proposed rule; request for anonymous comments (enter ‘‘N/A’’ in comments. the required fields if you wish to remain SUMMARY: This rule proposes regulations anonymous). to approve and implement measures in FOR FURTHER INFORMATION CONTACT: Framework Adjustment 3 and 2016– Tobey Curtis, Fishery Policy Analyst, 2017 Specifications (Framework 3) to (978) 281–9273. the Northeast Skate Complex Fishery SUPPLEMENTARY INFORMATION: Management Plan (FMP). Framework 3 would implement skate fishery Background specifications and a new seasonal quota The New England Fishery allocation for the skate wing fishery. Management Council is responsible for The action is necessary to update the developing management measures for Skate FMP to be consistent with the skate fisheries in the northeastern U.S. most recent scientific information, and through the Northeast Skate Complex improve management of the skate Fishery Management Plan (Skate FMP). fisheries. The proposed action is Seven skate species are managed under expected to help conserve skate stocks, the Skate FMP: Winter; little; thorny; while maintaining economic barndoor; smooth; clearnose; and opportunities for the skate fisheries. rosette. The Council’s Scientific and DATES: Comments must be received on Statistical Committee reviews the best or before June 21, 2016. available information on the status of ADDRESSES: Copies of the framework, skate populations and makes including the Environmental recommendations on acceptable Assessment and Regulatory Impact biological catch (ABC) for the skate Review (EA/RIR) and other supporting complex (all seven species). This documents for the action are available recommendation is then used as the from Thomas A. Nies, Executive basis for catch limits and other Director, New England Fishery management measures for the skate Management Council, 50 Water Street, fisheries. The regulations implementing the Mill 2, Newburyport, MA 01950. The Skate FMP at 50 CFR part 648, subpart framework is also accessible via the O, outline the management procedures Internet at: http:// and measures for the skate fisheries. www.greateratlantic.fisheries.noaa.gov. You may submit comments, identified Specifications including the annual catch limit (ACL), annual catch target by NOAA–NMFS–2016–0054, by any (ACT), total allowable landings (TALs) one of the following methods: for the skate wing and bait fisheries, and • Electronic Submissions: Submit all possession limits may be specified for electronic public comments via the up to 2 years. The current specifications Federal e-Rulemaking portal. Go to were implemented as part of Framework www.regulations.gov/ Adjustment 2 to the Skate FMP (79 FR #!docketDetail;D=NOAA-NMFS-201651504, August 29, 2014). The Council is 0054, click the ‘‘Comment Now!’’ icon, required to develop new specifications complete the required fields, and enter for the 2016 and 2017 fishing years. The or attach your comments. [FR Doc. 2016–13189 Filed 6–3–16; 8:45 am] sradovich on DSK3TPTVN1PROD with PROPOSALS BILLING CODE 6820–EP–C VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 36251 existing specifications and possession limits remain in effect until they are replaced. In addition to setting specifications, the Council desired to modify the in-season management of the skate wing fishery, including a new seasonal allocation of the quota in a framework adjustment. In September 2015, the Council’s Scientific and Statistical Committee reviewed updated information on the status of the seven species in the skate complex, including new research on discard mortality rates, and recommended an ABC of 31,081 mt for 2016 and 2017 (a 12-percent reduction from 2015). The recommended catch reduction is based on trawl survey biomass declines in little and clearnose skates, as well as adjustments to historical catch estimates derived from the new discard mortality rate data (lower than previously assumed). According to the most recent stock status information, no skates are experiencing overfishing, and only thorny skate is in an overfished condition. Thorny skate continues to be a prohibited species as part of its longterm stock rebuilding plan. More details are provided in the EA (see ADDRESSES). The Council’s Skate Oversight Committee and Advisory Panel (AP) met in October 2015 to develop specification recommendations for Council consideration, following the procedures in Amendment 3 to the Skate FMP (75 FR 34049, June 16, 2010). Following these procedures, the recommended ABC reduction, in addition to increases in the skate discard rate in recent years, resulted in a 23-percent decline in the total allowable landings (TAL) from 2015 levels. Due to the 23-percent reduction in the TAL, the Committee and AP discussed tradeoffs between reducing possession limits versus seasonally allocating the TAL in an effort to avoid in-season closures and maintain a steady supply of skate wings across the year. Proposed Framework Adjustment Measure The Council ultimately decided to recommend status quo possession limits (see Proposed Specification Measures), but to use a framework adjustment to allocate 57 percent of the skate wing TAL to a Season 1 quota (May 1–August 31). Under this action, the Regional Administrator would be given the authority to reduce the skate wing possession limit from 2,600 lb (1,179 kg) to an incidental catch level of 500 lb (227 kg) when 85 percent of the Season 1 quota is projected to be landed. If 85 percent of the Season 1 quota is projected to be landed between May 1 E:\FR\FM\06JNP1.SGM 06JNP1

Agencies

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36245-36251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13189]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53

[FAR Case 2015-035; Docket 2015-0035; Sequence 1]
RIN 9000-AN23


Federal Acquisition Regulation; Removal of Regulations Relating 
to Telegraphic Communication

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to delete the use of ``telegram'', 
``telegraph'', and related terms. The objective is to delete reference 
to obsolete technologies no longer in use and replace with references 
to electronic communications. In addition, conforming changes are 
proposed covering expedited notice of termination and change orders.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before August 5, 2016 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit comments in response to FAR Case 2015-035 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-035''. Select the link ``Comment Now'' that corresponds with FAR 
Case 2015-035. Follow the instructions provided at the ``Comment Now'' 
screen. Please include your name, company name (if any), and ``FAR Case 
2015-035'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd 
Floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
035, in all correspondence related to this case. Comments received 
generally will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential 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. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAR case 2015-035.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA are proposing to amend the FAR to delete the use 
of the terms ``telegram'', ``telegraph'', ``telegraphic'', and related 
terminology.
    The word ``telegram'' emerged shortly after the invention of the 
electrical telegraph in the 1840s. This terminology and way of 
communicating was incorporated into the first issue of the FAR, 
effective April 1, 1984. The emergence of electronic means of 
communication, starting with the facsimile machine, and then followed 
by email and mobile-phone text

[[Page 36246]]

messages in the 1990s, resulted in the sparing use of telegraph 
services and use of telegrams. On this basis, the Councils are 
proposing to delete telegraphic services from the FAR and replace these 
terms with an option for electronic communications.
    This case is consistent with the Office of Federal Procurement 
Policy (OFPP) Memorandum dated December 4, 2014 on transforming the 
marketplace, which describes ongoing actions to support the needs of a 
21st century Government.

II. Discussion and Analysis

    (1) This rulemaking proposes to delete all references to 
``telegraph'' and ``telegram'' and replace these terms with an option 
for electronic communication.
    (2) At FAR 49.601-1, a revised policy statement is added to allow 
the use of electronic means to notify the contractor of a termination 
for convenience. The objective is to provide an expeditious way to 
notify the contractor of the termination. This change is necessary 
because the abbreviated version of the notice of termination for the 
convenience of the Government is currently linked with the telegraphic 
notice procedure.
    (3) At FAR 49.102, a conforming change is added to allow the use of 
electronic means to notify the contractor of a termination whether the 
termination is for convenience or default.

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 proposed rule is not a major 
rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed 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. However, an Initial Regulatory Flexibility Analysis (IRFA) has 
been prepared consistent with 5 U.S.C. 603. The analysis is summarized 
as follows:

    The reason for this action is to delete the use of ``telegram'', 
``telegraph'', and related terms. The Councils are proposing to 
replace these terms with an option for electronic communications. 
The objective is to delete reference to obsolete technologies no 
longer in use within the context of the FAR requirements. The 
proposed rule would apply to all entities, both small and other than 
small, performing as contractors or subcontractors on U.S. 
Government contracts. In 2014 there were about 350,000 active 
registrants in the System for Award Management (SAM). DoD, GSA, and 
NASA estimate approximately half of the registrants in SAM (175,000) 
are small entities that will receive a contract or subcontract in a 
given year. In 2014 small entities received 1,398,605 or about 9 
percent of all actions in that year per the Federal Procurement Data 
System (FPDS). However, the small entities will not be materially 
affected by this rule, as the only change provided in this rule is 
recognition of current options for transmitting documents between 
the Government and contractors. It does not change the policy 
requiring the Government to notify contractors of a contract 
termination. The Government is still responsible to obtain evidence 
of receipt of termination from the contractor.
    There are no reporting or recordkeeping requirements associated 
with this rule.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There were no significant alternatives identified that would 
meet the objective of the rule.

    The Regulatory Secretariat Division has submitted a copy of the 
IRFA to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the IRFA may be obtained from the Regulatory 
Secretariat Division. DoD, GSA, and NASA invite comments from small 
business concerns and other interested parties on the expected impact 
of this proposed rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 
proposed rule in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 
2015-035), in correspondence.

V. Paperwork Reduction Act

    The proposed 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 5, 14, 19, 22, 25, 28, 43, 47, 49, 
52, and 53

    Government procurement.

    Dated: May 31, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 5, 14, 
19, 22, 25, 28, 43, 47, 49, 52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 
47, 49, 52, and 53 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 5--PUBLICIZING CONTRACT ACTIONS


5.504  [Amended]

0
2. Amend section 5.504 by removing from paragraph (d) ``, telegrams,''.

PART 14--SEALED BIDDING


14.201-6  [Amended]

0
3. Amend section 4.201-6 by removing and reserving paragraph (g).


14.202-2  [Removed and Reserved]

0
4. Remove and reserve section 14.202-2.
0
5. Amend section 14.208 by revising paragraph (b) to read as follows:


14.208  Amendment of invitation for bids.

* * * * *
    (b) Before amending an invitation for bids, the contracting officer 
shall consider the period of time remaining until bid opening and the 
need to extend this period.
* * * * *


14.301  [Amended]

0
6. Amend section 14.301 by removing and reserving paragraph (b).
0
7. Revise section 14.302 to read as follows:


14.302  Bid submission.

    Bids shall be submitted so that they will be received in the office 
designated in the invitation for bids not later than the exact time set 
for opening of bids.
0
8. Amend section 14.303 by revising paragraph (a) to read as follows:


14.303  Modification or withdrawal of bids.

    (a)(1) Bids may be modified or withdrawn by any method authorized 
by the solicitation, if notice is received in the office designated in 
the solicitation not later than the exact time set for opening of bids. 
If the solicitation authorizes facsimile bids, bids may be modified or 
withdrawn via facsimile received at any time before the exact time set 
for receipt of bids, subject to the conditions specified in the 
provision prescribed in 14.201-6(v). Modifications

[[Page 36247]]

received by facsimile shall be sealed in an envelope by a proper 
official. The official shall write on the envelope:
    (i) The date and time of receipt and by whom; and
    (ii) The number of the invitation for bids, and shall sign the 
envelope.
    (2) No information contained in the envelope shall be disclosed 
before the time set for bid opening.
* * * * *


14.407-3  [Amended]

0
9. Amend section 14.407-3 by removing paragraph (g)(4), and 
redesignating paragraph (g)(5) as (g)(4).


14.408-1  [Amended]

0
10. Amend section 14.408-1 by removing from paragraph (d)(2) 
``telegrams or electronic transmissions,'' and adding ``electronic 
communications,'' in its place.

PART 19--SMALL BUSINESS PROGRAMS


19.302  [Amended]

0
11. Amend section 19.302 by removing from paragraph (d)(1)(ii) 
``telegram,''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1003-3  [Amended]

0
12. Amend section 22.1003-3 by removing from paragraph (d) 
``telegraph,''.

PART 25--FOREIGN ACQUISITION


25.401  [Amended]

0
13. Amend section 25.401 in the table, by removing from paragraph 
(b)(2)(iii) the words ``telegraph services,'', and removing ``47 U.S.C. 
153(20))'' and adding ``47 U.S.C. 153(24))'' in its place.

PART 28--BONDS AND INSURANCE


28.101-4  [Amended]

0
14. Amend section 28.101-4 by removing paragraph (c)(6), and 
redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) 
through (8), respectively.

PART 43--CONTRACT MODIFICATIONS

0
15. Amend section 43.201 by revising paragraph (c) to read as follows:


43.201  General.

* * * * *
    (c) The contracting officer may issue a change order by electronic 
means without a SF 30 under unusual or urgent circumstances, provided 
that the message contains substantially the information required by the 
SF 30 and immediate action is taken to issue the SF 30.

PART 47--TRANSPORTATION

0
16. Amend section 47.305-10 by revising paragraph (c) to read as 
follows:


47.305-10  Packing, marking, and consignment instructions.

* * * * *
    (c) If necessary to meet required delivery schedules, the 
contracting officer may issue instructions by telephone or electronic 
means. The contracting officer shall confirm telephonic instructions in 
writing, and confirm electronic instructions if the contracting officer 
did not receive confirmation of receipt.
* * * * *

PART 49--TERMINATION OF CONTRACTS

0
17. Amend section 49.102, paragraph (a), by revising the first and 
second sentences of the introductory text, to read as follows:


49.102  Notice of termination.

    (a) General. The contracting officer shall terminate contracts for 
convenience or default only by a written notice to the contractor. The 
notice of termination may be expedited by means of electronic 
communication capable of providing confirmation of receipt by the 
contractor. When the notice is mailed, it shall be sent by certified 
mail, return receipt requested. * * *
* * * * *
0
18. Amend section 49.601-1 by--
0
a. Revising the section heading; and adding an introductory paragraph;
0
b. Removing from paragraph (a) ``telegraphic'', ``[insert 
``immediately'' '', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately'', (today's date)'', and ``Provide by 
electronic means'' in their places, respectively; and
0
c. Removing from paragraph (b) ``telegraphic'', ``[insert 
``immediately'' '', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately'', (today's date)'', and ``Provide by 
electronic means'' in their places, respectively.
    The revision and addition reads as follows:


49.601-1  Electronic notice.

    The contracting officer may provide expedited notice of 
termination, by electronic means, that includes a requirement for the 
contractor to confirm receipt. If the contractor does not confirm 
receipt promptly, the contracting officer shall resend the notice 
electronically, and expedite the letter notice described in 49.601-2. 
If confirmation of the electronic notice is received, and the 
electronic notice includes all content in 49.601-2, the contracting 
officer, at her or his discretion, need not send the letter notice 
described in 49.601-2.
* * * * *
0
19. Amend section 49.601-2 by--
0
a. Revising the third and fourth sentences of the introductory 
paragraph;
0
b. Removing from paragraph (a) ``telegram'' and adding ``electronic 
notice'' in their places, two times; and
0
c. Revising the introductory paragraph of the Alternate notice.
    The revisions read as follows:


49.601-2  Letter notice.

    * * * This notice shall be sent by certified mail, return receipt 
requested, or electronically, provided evidence of receipt is received 
by the contracting officer. If no prior electronic notice was issued, 
or if no confirmation of an electronic notice was received, use the 
alternate notice that follows this notice.
* * * * *
    Alternate notice. Substitute the following paragraph (a) for 
paragraph (a) of 49.601-2, Notice of Termination to Prime Contractors, 
if no prior electronic notice was issued, or if no confirmation of an 
electronic notice was received:
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
20. Amend section 52.214-3 by--
0
a. Revising the date of the provision; and
0
b. Revising paragraph (b).
    The revisions read as follows:


52.214-3  Amendments to Invitations for Bids.

* * * * *

Amendments to Invitations for Bids (Date)

* * * * *
    (b)(1) Bidders shall acknowledge receipt of any amendment to this 
solicitation:
    (i) By signing and returning the amendment;
    (ii) By identifying the amendment number and date in space provided 
for this purpose on the form for submitting a bid;
    (iii) By letter;
    (iv) By facsimile, if facsimile bids are authorized in the 
solicitation; or
    (v) By email, if email bids are authorized in the solicitation.

[[Page 36248]]

    (2) The Government must receive the acknowledgment by the time and 
at the place specified for receipt of bids.
0
21. Amend section 52.214-5 by--
0
a. Revising the date of the provision;
0
b. Removing paragraph (c); and
0
c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d), 
respectively.
    The revision reads as follows:


52.214-5  Submission of Bids.

* * * * *

Submission of Bids (Date)

* * * * *


52.214-13  [Removed and Reserved]

0
22. Remove and reserve section 52.214-13.

PART 53--FORMS


53.213  [Amended]

0
23. Amend section 53.213 by removing from paragraph (b) ``(10/83)'' and 
adding ``(Date)'' in its place.


53.215-1  [Amended]

0
24. Amend section 53.215-1 by removing from paragraph (b) ``(10/83)'' 
and adding ``(Date)'' in its place.


53.243  [Amended]

0
25. Amend section 53.243 introductory text by removing ``(10/83)'' and 
adding ``(Date)'' in its place.
0
26. Revise section 53.301-30 to read as follows:


53.301-30  Standard Form 30, Amendment of Solicitation/Modification of 
Contract.

 BILLING CODE 6820-EP-P

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[FR Doc. 2016-13189 Filed 6-3-16; 8:45 am]
 BILLING CODE 6820-EP-C