Defense Federal Acquisition Regulation Supplement; Technical Amendments, 36473-36474 [2016-13258]

Download as PDF Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations U.S. Coast Guard Sector Detroit on channel 16, VHF–FM. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is in effect. This document is issued under authority of § 165.941 and 5 U.S.C. 552(a). If the Captain of the Port determines that any of these safety zones need not be enforced for the full duration stated in this document, he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners. Dated: June 1, 2016. Scott B. Lemasters, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2016–13324 Filed 6–6–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System List of Subjects in 48 CFR 207, 209, 211, 215, 237, 242, 245, and 252 Government procurement. 48 CFR Parts 207, 209, 211, 215, 237, 242, 245, and 252 Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Defense Federal Acquisition Regulation Supplement; Technical Amendments Therefore, 48 CFR parts 207, 209, 211, 215, 237, 242, 245, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 207, 209, 211, 215, 237, 242, 245, and 252 continues to read as follows: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. SUMMARY: DATES: jstallworth on DSK7TPTVN1PROD with RULES PART 207—ACQUISITION PLANNING 2. Add subpart 207.3 to read as follows: ■ Effective June 7, 2016. Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 571–372–6115; facsimile 571–372–6094. SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows— 1. Directs contracting officers to DFARS Procedures, Guidance, and Information (PGI) for information on the Governmentwide moratorium on publicprivate competitions by adding a cross reference at DFARS 207.302 and 237.102(b); 2. Corrects a typographical error at DFARS 209.505–4(b)(ii); 3. Updates hyperlinks to information on passive radio frequency identification at DFARS 211.275–2(a)(2) FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 and paragraphs (b)(1)(ii) and (d)(2) of DFARS clause 252.211–7006; 4. Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect $700,000 in lieu of $750,000 because that threshold was not subject to the inflation adjustment at DFARS Case 2014–D025 published in the Federal Register at 80 FR 36903; 5. Updates DFARS 237.102–75 to reference the ‘‘Defense Acquisition Guidebook, Chapter 14, Acquisition of Services’’ instead of the ‘‘Guidebook for the Acquisition of Services;’’ 6. Updates DFARS 237.102–77 to reference the ‘‘Acquisition Requirements Roadmap Tool’’ instead of the ‘‘Automated Requirements Roadmap Tool;’’ 7. Corrects a cross reference at DFARS 242.7202(a) by changing paragraph (e) to paragraph (d) of the clause at 252.242.7004; and 8. Corrects a cross reference at DFARS 245.102(4)(i) by changing PGI 245.201– 71 to PGI 245.103–72. 36473 disclosure’’ in its place everywhere it appears. PART 211—DESCRIBING AGENCY NEEDS 211.275–2 [Amended] 4. In section 211.275–2, amend paragraph (a)(2) introductory text by removing ‘‘http://www.acq.osd.mil/log/ rfid/’’ and adding ‘‘http:// www.acq.osd.mil/log/sci/RFID_ship-tolocations.html’’ in its place. ■ PART 215—CONTRACTING BY NEGOTIATION 215.408 [Amended] 5. Amend section 215.408, in paragraph (3)(ii)(A)(1)(i), by removing ‘‘$750,000’’ and adding ‘‘$700,000’’ in its place. ■ PART 237—SERVICE CONTRACTING 6. Amend section 237.102 by adding paragraph (b) to read as follows: ■ 237.102 Policy. (b) See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A–76. * * * * * 7. Revise section 237.102–75 to read as follows: ■ 237.102–75 Defense Acquisition Guidebook. See PGI 237.102–75 for information on the Defense Acquisition Guidebook, Chapter 14, Acquisition of Services. 237.102–77 [Amended] Subpart 207.3—Contractor Versus Government Performance Sec. 207.302 Policy. ■ Subpart 207.3—Contractor Versus Government Performance PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES 207.302 Policy. 8. In section 237.102–77, amend the heading and the introductory text by removing ‘‘Automated’’ and adding ‘‘Acquisition’’ in both places. See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A–76. 242.7202 PART 209—CONTRACTOR QUALIFICATIONS PART 245—GOVERNMENT PROPERTY 245.102 209.505–4 ■ [Amended] 3. In section 209.505–4, amend paragraph (b)(ii) by removing ‘‘nondisclosure’’ and adding ‘‘non- ■ PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 [Amended] 9. In section 242.7202, amend paragraph (a) introductory text by removing ‘‘paragraph (e)’’ and adding ‘‘paragraph (d)’’ in its place. ■ [Amended] 10. In section 245.102, amend paragraph (4)(i) by removing ‘‘PGI 245.201–71’’ and adding ‘‘PGI 245.103– 72’’ in its place. E:\FR\FM\07JNR1.SGM 07JNR1 36474 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9896. SUPPLEMENTARY INFORMATION: PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211–7006 [Amended] 11. Amend section 252.211–7006 by— a. Removing the clause date ‘‘(SEP 2011)’’ and adding ‘‘(JUN 2016)’’ in its place; ■ b. In paragraph (b)(1)(ii) introductory text, removing ‘‘http://www.acq.osd.mil/ log/rfid/’’ and adding ‘‘http:// www.acq.osd.mil/log/sci/RFID_ship-tolocations.html’’ in its place; ■ c. In paragraph (d)(2), removing ‘‘located at http://www.acq.osd.mil/log/ rfid/tag_data.htm’’ and adding ‘‘located in the DoD Suppliers’ Passive RFID Information Guide at http:// www.acq.osd.mil/log/sci/ait.html’’ in its place. ■ ■ [FR Doc. 2016–13258 Filed 6–6–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 392 [Docket No. FMCSA–2015–0396] RIN 2126–AB87 Driving of Commercial Motor Vehicles: Use of Seat Belts Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA revises the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring passengers in property-carrying commercial motor vehicles (CMVs) to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce. This rule holds motor carriers and drivers responsible for ensuring that passengers riding in the property-carrying CMV are using the seat belts required by the Federal Motor Vehicle Safety Standards (FMVSSs). DATES: This rule is effective August 8, 2016. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than July 7, 2016. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, Director; Carrier, Driver, and Vehicle Safety Standards, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001 or by telephone at (202) 366–5370. jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 injuries avoided or reduced in severity as a result of seat belt use; these benefits are discussed later. I. Executive Summary A. Availability of Rulemaking Documents A. Purpose and Summary of the Major Provisions Section 393.93(b)(2)–(3) of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 393.93) requires every truck and truck tractor manufactured on or after July 1, 1971, to comply with the National Highway Traffic Safety Administration’s (NHTSA) Federal Motor Vehicle Safety Standard (FMVSS) No. 208 (49 CFR 571.208), relating to the installation of seat belt assemblies. They must also comply with FMVSS No. 210 (49 CFR 571.210), dealing with the installation of seat belt assembly anchorages, and FMVSS No. 207 (49 CFR 571.207), addressing seating systems more generally. Under FMVSS No. 208, trucks and multipurpose passenger vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 10,000 pounds manufactured on or after September 1, 1990, are allowed by S4.3.2.1 an option to comply by providing a ‘‘complete passenger protection system,’’ but nearly all CMV manufacturers choose the second compliance option (S4.3.2.2) and install a ‘‘belt system.’’ This second option requires a seat belt assembly ‘‘at each designated seating position.’’ In short, the FMVSS and FMCSRs require seat belts at every seating position in a property-carrying CMV. In addition, 49 CFR 392.16 requires that a CMV that has a seat belt assembly installed at the driver’s seat shall not be driven unless the driver has properly restrained himself or herself with the seat belt assembly. In this final rule, FMCSA requires that motor carriers and drivers ensure that passengers riding in property-carrying CMVs use their seat belts when the vehicles are operated on public roads. B. Benefits and Costs As indicated above, NHTSA requires vehicle manufacturers to install driver and passenger seat belts in large trucks. FMCSA already requires drivers to use their seat belts. However, the FMCSRs were previously silent on the use of seat belts by passengers in trucks. This final rule requires that every passenger in a property-carrying CMV use a seat belt, if one is installed. The only quantifiable cost of the final rule is the value of the person’s time necessary to buckle the seat belt, which is negligible. The benefits of this rule are any fatalities or PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 II. Rulemaking Documents For access to docket FMCSA–2015– 0396 to read background documents and comments received, go to http:// www.regulations.gov at any time, or to Docket Services at U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. III. Legal Basis for the Rulemaking This final rule is based on the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act). The 1935 Act (49 U.S.C. 31502) authorizes FMCSA to prescribe requirements for the safety of operation and equipment standards of for-hire and private motor carriers. This final rule is directly related to safe motor carrier operations. The 1984 Act (49 U.S.C. 31136) requires FMCSA to adopt regulations to ensure, among other things, that ‘‘commercial motor vehicles are maintained, equipped, loaded, and operated safely’’ (sec. 31136(a)(1)). This rule will increase the safety, not only of passengers, but also of CMV drivers whose control of the vehicle could otherwise be affected by unsecured passengers potentially thrown about the cab as a result of emergency steering or braking maneuvers. A 2012 amendment to the 1984 Act requires FMCSA to ensure that CMV drivers are not coerced to violate certain provisions of the FMCSRs (sec. 31136(a)(5)). Coercion is now prohibited by 49 CFR 390.6. Given the obvious value of this final rule and the ease of compliance, the Agency believes that no one will be coerced not to wear a seat belt. It should be noted that the 1984 Act also authorizes FMCSA to ‘‘perform other acts [the Agency] considers appropriate’’ (49 U.S.C. 31133(a)(10)). E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36473-36474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13258]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 207, 209, 211, 215, 237, 242, 245, and 252


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide needed editorial 
changes.

DATES: Effective June 7, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; 
facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as 
follows--
    1. Directs contracting officers to DFARS Procedures, Guidance, and 
Information (PGI) for information on the Governmentwide moratorium on 
public-private competitions by adding a cross reference at DFARS 
207.302 and 237.102(b);
    2. Corrects a typographical error at DFARS 209.505-4(b)(ii);
    3. Updates hyperlinks to information on passive radio frequency 
identification at DFARS 211.275-2(a)(2) and paragraphs (b)(1)(ii) and 
(d)(2) of DFARS clause 252.211-7006;
    4. Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect 
$700,000 in lieu of $750,000 because that threshold was not subject to 
the inflation adjustment at DFARS Case 2014-D025 published in the 
Federal Register at 80 FR 36903;
    5. Updates DFARS 237.102-75 to reference the ``Defense Acquisition 
Guidebook, Chapter 14, Acquisition of Services'' instead of the 
``Guidebook for the Acquisition of Services;''
    6. Updates DFARS 237.102-77 to reference the ``Acquisition 
Requirements Roadmap Tool'' instead of the ``Automated Requirements 
Roadmap Tool;''
    7. Corrects a cross reference at DFARS 242.7202(a) by changing 
paragraph (e) to paragraph (d) of the clause at 252.242.7004; and
    8. Corrects a cross reference at DFARS 245.102(4)(i) by changing 
PGI 245.201-71 to PGI 245.103-72.

List of Subjects in 48 CFR 207, 209, 211, 215, 237, 242, 245, and 
252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 207, 209, 211, 215, 237, 242, 245, and 252 
are amended as follows:

0
1. The authority citation for 48 CFR parts 207, 209, 211, 215, 237, 
242, 245, and 252 continues to read as follows:

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

PART 207--ACQUISITION PLANNING

0
2. Add subpart 207.3 to read as follows:
Subpart 207.3--Contractor Versus Government Performance
Sec.
207.302 Policy.

Subpart 207.3--Contractor Versus Government Performance


207.302  Policy.

    See PGI 207.302 for information on the Governmentwide moratorium 
and restrictions on public-private competitions conducted pursuant to 
Office of Management and Budget (OMB) Circular A-76.

PART 209--CONTRACTOR QUALIFICATIONS


209.505-4  [Amended]

0
3. In section 209.505-4, amend paragraph (b)(ii) by removing 
``nondisclosure'' and adding ``non-disclosure'' in its place everywhere 
it appears.

PART 211--DESCRIBING AGENCY NEEDS


211.275-2  [Amended]

0
4. In section 211.275-2, amend paragraph (a)(2) introductory text by 
removing ``http://www.acq.osd.mil/log/rfid/'' and adding ``http://
www.acq.osd.mil/log/sci/RFID_ship-to-locations.html'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.408  [Amended]

0
5. Amend section 215.408, in paragraph (3)(ii)(A)(1)(i), by removing 
``$750,000'' and adding ``$700,000'' in its place.

PART 237--SERVICE CONTRACTING

0
6. Amend section 237.102 by adding paragraph (b) to read as follows:


237.102  Policy.

    (b) See PGI 207.302 for information on the Governmentwide 
moratorium and restrictions on public-private competitions conducted 
pursuant to Office of Management and Budget (OMB) Circular A-76.
* * * * *

0
7. Revise section 237.102-75 to read as follows:


237.102-75  Defense Acquisition Guidebook.

    See PGI 237.102-75 for information on the Defense Acquisition 
Guidebook, Chapter 14, Acquisition of Services.


237.102-77  [Amended]

0
8. In section 237.102-77, amend the heading and the introductory text 
by removing ``Automated'' and adding ``Acquisition'' in both places.

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES


242.7202  [Amended]

0
9. In section 242.7202, amend paragraph (a) introductory text by 
removing ``paragraph (e)'' and adding ``paragraph (d)'' in its place.

PART 245--GOVERNMENT PROPERTY


245.102  [Amended]

0
10. In section 245.102, amend paragraph (4)(i) by removing ``PGI 
245.201-71'' and adding ``PGI 245.103-72'' in its place.

[[Page 36474]]

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7006  [Amended]

0
11. Amend section 252.211-7006 by--
0
a. Removing the clause date ``(SEP 2011)'' and adding ``(JUN 2016)'' in 
its place;
0
b. In paragraph (b)(1)(ii) introductory text, removing ``http://
www.acq.osd.mil/log/rfid/'' and adding ``http://www.acq.osd.mil/log/
sci/RFID_ship-to-locations.html'' in its place;
0
c. In paragraph (d)(2), removing ``located at http://www.acq.osd.mil/
log/rfid/tag_data.htm'' and adding ``located in the DoD Suppliers' 
Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/
ait.html'' in its place.

[FR Doc. 2016-13258 Filed 6-6-16; 8:45 am]
 BILLING CODE 5001-06-P