Defense Federal Acquisition Regulation Supplement: New Designated Country-Ukraine (DFARS Case 2016-D026), 42563-42564 [2016-15258]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
Authorization Act for Fiscal Year 2016
(Pub. L. 114–92), such contracts shall
not be subject to requirements under
chapter 148 of title 10, United States
Code (including 10 U.S.C. 2533a), to the
extent such contracts are for purchases
of products by other Federal agencies or
State or local governments.
[FR Doc. 2016–15249 Filed 6–29–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2016–0022]
RIN 0750–AI98
Defense Federal Acquisition
Regulation Supplement: New
Designated Country—Ukraine (DFARS
Case 2016–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
Ukraine as a new designated country
under the World Trade Organization
Government Procurement Agreement.
SUMMARY:
DATES:
Effective June 30, 2016.
Mr.
Christopher Stiller, telephone 571–372–
6176.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with RULES
I. Background
On November 11, 2015, the World
Trade Organization (WTO) Committee
on Government Procurement approved
the accession of Ukraine to the WTO
Government Procurement Agreement
(GPA). Ukraine submitted its instrument
of accession to the Secretary General of
the WTO on April 18, 2016. The GPA
entered into force for Ukraine on May
18, 2016. The United States, which is
also a party to the GPA, has agreed to
waive discriminatory purchasing
requirements for eligible products and
suppliers of Ukraine beginning on May
18, 2016. Therefore, this rule adds
Ukraine to the list of WTO GPA
countries wherever it appears in the
DFARS, as part of the definition of
‘‘designated country’’.
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only updates the list of
designated countries in the DFARS by
adding the newly designated country of
Ukraine. The definition of ‘‘designated
country’’ is updated in each of the
following clauses; however, this
revision does not impact the clause
prescriptions for use, or applicability at
or below the simplified acquisition
threshold, or applicability to
commercial items. The clauses are:
DFARS 252.225–7017, Photovoltaic
Devices; DFARS 252.225–7021, Trade
Agreements; and DFARS 252.225–7045,
Balance of Payments Program—
Construction Material Under Trade
Agreements.
III. Publication of This Final Rule for
Public Comment is not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is 41 U.S.C. 1707
entitled ‘‘Publication of Proposed
Regulations.’’ Paragraph (a)(1) of the
statute requires that a procurement
policy, regulation, procedure or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it is just updating the
lists of designated countries in order to
reflect that Ukraine is now a member of
the WTO GPA. These requirements
affect only the internal operating
procedures of the Government.
IV. 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
PO 00000
Frm 00111
Fmt 4700
Sfmt 4700
42563
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VI. Paperwork Reduction Act
This rule affects the information
collection requirements in the
provisions at DFARS 252.225–7020,
Trade Agreements Certificate, and
252.225–7018, Photovoltaic Devices—
Certificate, currently approved under
OMB Control Number 0704–0229,
entitled ‘‘Defense Federal Acquisition
Regulation Supplement Part 225,
Foreign Acquisition, and related
clauses,’’ in accordance with the
Paperwork Reduction Act (44 U.S.C.
chapter 35). The impact, however, is
negligible, because the rule only affects
the response of an offeror that is offering
a product of Ukraine in an acquisition
that exceeds $191,000. In 252.225–7018,
the offeror of a product from Ukraine
must now check a box at (d)(6)(i) of the
provision. However, the offeror no
longer needs to list a product from
Ukraine under ‘‘other end products’’ at
252.225–7020(c)(2), because Ukraine is
now a designated country.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.225–7017
[Amended]
2. Amend section 252.225–7017 by—
a. Removing the clause date of ‘‘(JAN
2016)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘designated country’’ in paragraph (i),
adding, in alphabetical order, the
country of ‘‘Ukraine’’.
■
■
252.225–7021
■
[Amended]
3. Amend section 252.225–7021 by—
E:\FR\FM\30JNR1.SGM
30JNR1
42564
Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
a. Removing the basic clause date of
‘‘(OCT 2015)’’ and adding ‘‘(JUN 2016)’’
in its place;
■ b. In paragraph (a), in the definition of
‘‘designated country’’ in paragraph (i),
adding, in alphabetical order, the
country of ‘‘Ukraine’’; and
■ c. In the Alternate II clause—
■ i. Removing the clause date of ‘‘(OCT
2015)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Ukraine’’.
■
252.225–7045
[Amended]
4. Amend section 252.225–7045 by—
a. Removing the basic clause date of
‘‘(OCT 2015)’’ and adding ‘‘(JUN 2016)’’
in its place;
■ b. In paragraph (a), in the definition of
‘‘designated country’’ in paragraph (i),
adding, in alphabetical order, the
country of ‘‘Ukraine’’;
■ c. In the Alternate I clause—
■ i. Removing the clause date of ‘‘(OCT
2015)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Ukraine’’;
■ d. In the Alternate II clause—
■ i. Removing the clause date of ‘‘(OCT
2015)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Ukraine’’; and
■ e. In the Alternate III clause—
■ i. Removing the clause date of ‘‘(OCT
2015)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Ukraine’’.
■
■
[FR Doc. 2016–15258 Filed 6–29–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 190
srobinson on DSK5SPTVN1PROD with RULES
[Docket No. PHMSA–2016–0010]
RIN–2137–AF16
Pipeline Safety: Inflation Adjustment of
Maximum Civil Penalties
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
ACTION:
Interim final rule.
PHMSA is revising references
in its regulations to the maximum civil
penalties for violations of the Federal
Pipeline Safety Laws, or any PHMSA
regulation or order issued thereunder.
Under the ‘‘Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ which further amended
the ‘‘Federal Civil Penalties Inflation
Adjustment Act of 1990,’’ federal
agencies are required to adjust their
civil monetary penalties effective
August 1, 2016, and then annually
thereafter, to account for changes in
inflation.
PHMSA finds good cause to amend
the regulation related to civil penalties
without notice and opportunity for
public comment. For the reasons
described below, advance public notice
is unnecessary.
DATES: The effective date of this interim
final rule is August 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Aaron Glaser, Attorney-Advisor,
Pipeline Safety Division, Office of Chief
Counsel, Pipeline and Hazardous
Materials Safety Administration, by
telephone at 202–366–6318 or by email
at aaron.glaser@dot.gov; Melanie
Stevens, Attorney-Advisor, Pipeline
Safety Division, Office of Chief Counsel,
Pipeline and Hazardous Materials Safety
Administration, by telephone at 202–
366–5466 or by email at
melanie.stevens@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Procedures
Background
Section 701 of the ‘‘Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015’’ (Pub. L.
114–72) (the 2015 Act) amended the
‘‘Federal Civil Penalties Inflation
Adjustment Act of 1990’’ (Pub. L. 101–
410) (Inflation Adjustment Act) to
require that federal agencies adjust their
civil penalties with an initial ‘‘catchup’’ adjustment through an interim final
rulemaking by July 1, 2016, as well as
make subsequent annual adjustments
for inflation. This interim rule adjusts
the maximum civil penalties assessed
under 49 U.S.C. 60101, et seq., or
regulations or orders issued thereunder.
These adjusted penalties will apply to
violations occurring on or after the
effective date of August 1, 2016.
On February 24, 2016, the Office of
Management and Budget (OMB) issued
a ‘‘Memorandum for the Heads of
Executive Departments and Agencies,
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
PO 00000
Frm 00112
Fmt 4700
Sfmt 4700
Improvements Act of 2015,’’ M–16–06
(OMB Memorandum M–16–06),
providing guidance to federal agencies
on how to update their civil penalties
pursuant to the 2015 Act. OMB
Memorandum M–16–06 directs agencies
to use multipliers to adjust their civil
monetary penalties, or the minimum
and maximum penalties, based on the
year the penalty was established or last
adjusted by statute or regulation other
than under the Inflation Adjustment Act
(Base Year). For the catch-up
adjustment, the agency must use the
multiplier, based on the Consumer Price
Index for October 2015, provided in the
table of OMB Memorandum M–16–06
and multiply it by the current maximum
penalty amount. After making an
adjustment, all penalty levels must be
rounded to the nearest dollar, but no
penalty level may be increased by more
than 150 percent of corresponding
penalty levels in effect on November 2,
2015.
PHMSA is revising the maximum
civil penalty amounts in its regulations,
consistent with the process outlined in
OMB Memorandum M–16–06. The
‘‘Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011’’ (the 2011
Act) (Public Law No: 112–90) adjusted
the maximum civil penalties for
violations under 49 U.S.C. 60101, et seq.
In 2013, PHMSA amended 49 Code of
Federal Regulations (CFR) § 190.223(a)
to conform to the 2011 Act, effective
January 2, 2012. (78 FR 58897). Based
on the 2012 effective date, a multiplier
1.02819 was used to calculate the
updated penalties for violations under
49 U.S.C. 60101, et seq., and any
regulation or order issued thereunder.
The civil penalty amounts for violations
of 49 U.S.C. 60103 and 60111 were last
set by Congress in 1994 with the
Revision of Title 49, United States Code
Annotated, Transportation (Pub. L. 103–
272), and last adjusted by PHMSA in
1996 via regulation amending 49 CFR
190.223(c) (61 FR 18515). The 1996
multiplier of 1.50245 was used to
calculate the updated penalties for
violations of 49 U.S.C. 60103 and 60111.
Lastly, the penalty amount for violations
of 49 U.S.C. 60129 was last set by
Congress in 2002 with the passage of the
‘‘Pipeline Safety Improvement Act of
2002,’’ (Pub. L. 107–355), and last
adjusted by PHMSA in 2005 via
regulation amending 49 CFR 190.223(d)
(70 FR 11137). The 2005 multiplier of
1.19397 was used to calculate the
updated penalties for violations of 49
U.S.C. 60129. These revised penalties
are shown as follows:
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42563-42564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15258]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2016-0022]
RIN 0750-AI98
Defense Federal Acquisition Regulation Supplement: New Designated
Country--Ukraine (DFARS Case 2016-D026)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to add Ukraine as a new
designated country under the World Trade Organization Government
Procurement Agreement.
DATES: Effective June 30, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, telephone
571-372-6176.
SUPPLEMENTARY INFORMATION:
I. Background
On November 11, 2015, the World Trade Organization (WTO) Committee
on Government Procurement approved the accession of Ukraine to the WTO
Government Procurement Agreement (GPA). Ukraine submitted its
instrument of accession to the Secretary General of the WTO on April
18, 2016. The GPA entered into force for Ukraine on May 18, 2016. The
United States, which is also a party to the GPA, has agreed to waive
discriminatory purchasing requirements for eligible products and
suppliers of Ukraine beginning on May 18, 2016. Therefore, this rule
adds Ukraine to the list of WTO GPA countries wherever it appears in
the DFARS, as part of the definition of ``designated country''.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only updates the list of designated countries in the
DFARS by adding the newly designated country of Ukraine. The definition
of ``designated country'' is updated in each of the following clauses;
however, this revision does not impact the clause prescriptions for
use, or applicability at or below the simplified acquisition threshold,
or applicability to commercial items. The clauses are: DFARS 252.225-
7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and
DFARS 252.225-7045, Balance of Payments Program--Construction Material
Under Trade Agreements.
III. Publication of This Final Rule for Public Comment is not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication
of Proposed Regulations.'' Paragraph (a)(1) of the statute requires
that a procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it is just updating the lists of designated countries in order
to reflect that Ukraine is now a member of the WTO GPA. These
requirements affect only the internal operating procedures of the
Government.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VI. Paperwork Reduction Act
This rule affects the information collection requirements in the
provisions at DFARS 252.225-7020, Trade Agreements Certificate, and
252.225-7018, Photovoltaic Devices--Certificate, currently approved
under OMB Control Number 0704-0229, entitled ``Defense Federal
Acquisition Regulation Supplement Part 225, Foreign Acquisition, and
related clauses,'' in accordance with the Paperwork Reduction Act (44
U.S.C. chapter 35). The impact, however, is negligible, because the
rule only affects the response of an offeror that is offering a product
of Ukraine in an acquisition that exceeds $191,000. In 252.225-7018,
the offeror of a product from Ukraine must now check a box at (d)(6)(i)
of the provision. However, the offeror no longer needs to list a
product from Ukraine under ``other end products'' at 252.225-
7020(c)(2), because Ukraine is now a designated country.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.225-7017 [Amended]
0
2. Amend section 252.225-7017 by--
0
a. Removing the clause date of ``(JAN 2016)'' and adding ``(JUN 2016)''
in its place; and
0
b. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine''.
252.225-7021 [Amended]
0
3. Amend section 252.225-7021 by--
[[Page 42564]]
0
a. Removing the basic clause date of ``(OCT 2015)'' and adding ``(JUN
2016)'' in its place;
0
b. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine''; and
0
c. In the Alternate II clause--
0
i. Removing the clause date of ``(OCT 2015)'' and adding ``(JUN 2016)''
in its place; and
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine''.
252.225-7045 [Amended]
0
4. Amend section 252.225-7045 by--
0
a. Removing the basic clause date of ``(OCT 2015)'' and adding ``(JUN
2016)'' in its place;
0
b. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine'';
0
c. In the Alternate I clause--
0
i. Removing the clause date of ``(OCT 2015)'' and adding ``(JUN 2016)''
in its place; and
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine'';
0
d. In the Alternate II clause--
0
i. Removing the clause date of ``(OCT 2015)'' and adding ``(JUN 2016)''
in its place; and
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine''; and
0
e. In the Alternate III clause--
0
i. Removing the clause date of ``(OCT 2015)'' and adding ``(JUN 2016)''
in its place; and
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Ukraine''.
[FR Doc. 2016-15258 Filed 6-29-16; 8:45 am]
BILLING CODE 5001-06-P
