Federal Acquisition Regulation; Removal of Regulations Relating to Telegraphic Communication, 36245-36251 [2016-13189]
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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
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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
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(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:
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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: https://
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 https://
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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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(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
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*
*
Submission of Bids.
*
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*
*
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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
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• 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: https://
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.
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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
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]]>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.
-----------------------------------------------------------------------
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: https://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 https://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.
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