Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation, 45974-45979 [2016-16768]
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Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations
summary of the Commission’s Third
Report and Order, 81 FR 33026, May 24,
2016 which fully modernizes the
Lifeline program so it supports
broadband services and obtains high
value from the expenditure of Universal
Service funds. This document clarifies
the effective dates for the rules as they
were published in the Federal Register,
in order to promote consistency with
the effective dates found in the
Commission’s Third Report and Order.
Additionally, this document clarifies
rules subject to certain effective dates in
order to reflect implementation changes
being made to the program.
DATES: Effective July 15, 2016, except
for the corrections to §§ 54.202, 54.405,
54.408, and 54.410, which contain
information collection requirements that
are not effective until approved by the
Office of Management and Budget. The
Federal Communications Commission
will publish a separate document
announcing such approval and the
relevant effective date(s).
FOR FURTHER INFORMATION CONTACT:
Christian Hoefly, Wireline Competition
Bureau, Telecommunications Access
Policy Division at (202) 418–3607 or at
christian.hoefly@fcc.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of May 24, 2016, in FR
Doc. 2016–11284, on page 33088, the
following corrections are made:
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Ordering Clauses [Corrected]
1. In the first column, paragraph 432
is corrected to read, ‘‘It is further
ordered, that pursuant to the authority
contained in Sections 1 through 4, 201
through 205, 254, 303(r), and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151 through 154,
201 through 205, 254, 303(r), and 403,
and Section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 1302, part 54 of the
Commission’s rules, 47 CFR part 54, is
amended, and such rule amendments to
Sections 54.201 and 54.423 shall be
effective 30 days after publication in the
Federal Register of this Third Report
and Order.’’
2. In the second column, paragraph
433, remove ‘‘Sections 54.202(a)(6), (d),
and (e) and 54.205(c)’’ and add in their
place ‘‘Sections 54.202(a)(6), (d), and
(e), 54.205(c), and 54.400(l)’’.
3. In the second column, paragraph
434, add ‘‘54.400(f), (j), (m) through (o),’’
after ‘‘54.101’’.
§ 54.202
[Corrected]
4. On page 33089, in the second
column, § 54.202 Additional
requirements for Commission
designation or eligible
■
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telecommunications carriers, in
paragraph (d), in the second sentence,
remove ‘‘should’’ and add in its place
the word ‘‘shall’’.
DEPARTMENT OF ENERGY
§ 54.405
RIN 1991–AC00
[Corrected]
5. On page 33091, in the first column,
§ 54.405 Carrier obligation to offer
Lifeline, in paragraph (e)(3) remove the
words ‘‘assess or collect’’ and add in
their place the words ‘‘assess and
collect’’.
■
§ 54.408
[Corrected]
6. On page 33092, in the third column,
§ 54.408 Minimum service standards, in
paragraph (f)(1) remove the words
‘‘broadband provider’’ and add in their
place the words ‘‘broadband Lifeline
provider’’.
■ 7. On page 33092, in the third column,
§ 54.408 Minimum service standards, in
paragraph (f)(2) remove the words ‘‘A
provider’’ and add in their place the
words ‘‘A Lifeline provider’’.
■ 8. On page 33092, in the third column,
§ 54.408 Minimum service standards, in
paragraph (f)(3) remove the words
‘‘broadband provider’’ and add in their
place the words ‘‘broadband Lifeline
provider’’.
■
§ 54.410
[Corrected]
9. On page 33093, in the second
column, § 54.410 Subscriber eligibility
determination and certification, in
paragraph (b)(1)(ii), remove the words
‘‘by National Verifier.’’ and add in their
place the words ‘‘by the National
Verifier.’’
■ 10. On page 33094, in the first
column, § 54.410 Subscriber eligibility
determination and certification, in
paragraph (f)(2)(iii), remove the words
‘‘the National Verifier, state Lifeline
administrator, or state agency’’ and add
in their place the words ‘‘the eligible
telecommunications carrier’’
■ 11. On page 33094, in the first
column, § 54.410 Subscriber eligibility
determination and certification, in
paragraph (f)(4), remove the words ‘‘recertification or subscribers’ Lifeline’’
and add in their place the words ‘‘recertification of subscribers’ Lifeline’’
■ 12. On page 33094, in the second
column, § 54.410 Subscriber eligibility
determination and certification, in
paragraph (f)(5), remove the words
‘‘state agency’s inability’’ and add in
their place the words ‘‘state agency that
it is unable’’
■
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016–15194 Filed 7–14–16; 8:45 am]
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48 CFR Parts 902, 909, 916, 917, 922,
925, 931, 936, 942, 952, and 970
Acquisition Regulation: Technical and
Administrative Changes to Department
of Energy Acquisition Regulation
Office of Acquisition
Management, Department of Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(DOE) is adopting as final, a rule
amending the Department of Energy
Acquisition Regulation (DEAR) to make
technical and administrative changes to
the DEAR, including changes to
conform to the Federal Acquisition
Regulation (FAR), remove out-of-date
coverage, update references, and correct
minor errors and omissions.
DATES: Effective Date: August 15, 2016.
Applicability Date: This final rule is
applicable to solicitations issued on or
after the effective date.
FOR FURTHER INFORMATION CONTACT:
Lawrence Butler, U.S. Department of
Energy, Office of Acquisition
Management, MA–611, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1945. Email:
lawrence.butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Summary of Comments and Responses
III. Section-by-Section Analysis
IV. Procedural Requirements
A. Review Under Executive Order 12866
and 13563
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13609
L. Approval by the Office of the Secretary
of Energy
M. Congressional Notification
I. Background
The DEAR has outdated citations and
minor errors of a technical nature. The
objective of this final rule is to update
the outdated citations and correct the
errors and omissions in the existing
DEAR to conform to the FAR. None of
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these changes are substantive or of a
nature to cause any significant expense
for DOE or its contractors.
II. Summary of Comments and
Responses
DOE published a proposed rule at 80
FR 15737 on March 25, 2015; DOE did
not receive any comments in response
to the proposed rule. DOE made one
change in the final rule in part 916. In
the proposed rule, DOE proposed to
change the title of the NNSA Task Order
Ombudsman in Section 916.505,
paragraph (b)(6)(i). However, DOE
determined that because NNSA gets this
authority from the delegations to the
Senior Procurement Executive and Head
of the Contracting Activity, it is not
necessary to include it in the DEAR.
Therefore, DOE has removed it from the
final rule.
III. Section-by-Section Analysis
DOE amends the DEAR as follows:
Part 902—Definitions of Words and
Terms
1. Section 902.101, paragraph (2), is
revised to change the title of the
National Nuclear Security
Administration (NNSA) Senior
Procurement Executive (SPE).
Part 909—Contractor Qualifications
2. Section 909.403, paragraphs (1) and
(2), are revised to change the title of the
NNSA SPE.
Part 916—Types of Contracts
3. Section 916.505, paragraph (b)(6)(i),
DOE proposed to change the title of the
NNSA Task Order Ombudsman.
However, DOE decided to remove the
identification of the NNSA Task Order
Ombudsman in the final rule because
the delegations to the Senior
Procurement Executive and the Head of
the Contracting Activity allow NNSA to
designate a task and delivery order
ombudsman.
Part 917—Special Contracting Methods
4. Section 917.602, paragraph (a), is
revised to remove language that is no
longer needed in the DEAR.
Part 922—Application of Labor Laws to
Government Acquisition
Part 931—Contract Cost Principles and
Procedures
8. Section 931.205–18, paragraph
(c)(2), is deleted in its entirety and
replaced with a new paragraph (c).
Part 936—Construction and ArchitectEngineer Contracts
9. Section 936.202–70 is no longer
needed in the DEAR and is removed.
Part 942—Contract Administration and
Audit Services
10. Section 942.705–3 is revised to
update the circular number and remove
the paragraph numbering.
Part 952—Solicitation Provisions and
Contract Clauses
11. Section 952.204–2, paragraph (j),
is revised to inform contractors of the
format for submitting Foreign
Ownership, Control or Influence (FOCI)
information. Paragraph (h)(2)(vi), is
revised to remove Contractor
requirement for submitting in writing
information to the head of the cognizant
local DOE Security Office concerning
each uncleared applicant or uncleared
employee who is selected for a position
requiring an access authorization.
12. Section 952.204–73, paragraph (a),
is revised to inform contractors of the
format for submitting FOCI information.
13. Section 952.236–72 is no longer
needed in the DEAR and is removed.
14. Section 952.250–70, paragraph
(d)(1), is revised to raise the threshold
as required by the Energy Policy Act of
2005.
Part 970—DOE Management and
Operating Contracts
15. Section 970.5215–3 is revised to
update the Order number.
16. Section 970.5223–1 is revised to
correct the prescription.
17. Section 970.5244–1, paragraph (f)
is revised to reflect threshold increase in
48 CFR 28.102–2. Paragraph (g) is
revised to reflect the threshold increase
in DOE’s class deviation for DEAR
970.5244–1.
18. Section 970.5245–1, Alternate I,
paragraph (j)(3), is revised to update the
Order number and to add language that
clarifies the sentence.
IV. Procedural Requirements
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5. Section 922.804 is no longer
needed in the DEAR and is removed.
A. Review Under Executive Order 12866
and 13563
Part 925—Foreign Acquisition
This regulatory action has been
determined not to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993).
Accordingly, this final rule is not
subject to review under that Executive
6. Section 925.103, paragraph (a), is
revised to correct the CFR reference.
7. Section 925.1001, paragraph (b), is
revised to change the title of the NNSA
SPE.
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Order by the Office of Information and
Regulatory Affairs (OIRA) of the Office
of Management and Budget (OMB).
DOE has also reviewed this regulation
pursuant to Executive Order 13563,
issued on January 18, 2011 (76 FR 3281
(Jan. 21, 2011)). Executive Order 13563
is supplemental to and explicitly
reaffirms the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
To the extent permitted by law, agencies
are required by Executive Order 13563
to: (1) Propose or adopt a regulation
only upon a reasoned determination
that its benefits justify its costs
(recognizing that some benefits and
costs are difficult to quantify); (2) tailor
regulations to impose the least burden
on society, consistent with obtaining
regulatory objectives, taking into
account, among other things, and to the
extent practicable, the costs of
cumulative regulations; (3) select, in
choosing among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public.
DOE emphasizes as well that
Executive Order 13563 requires agencies
to use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs has
emphasized that such techniques may
include identifying changing future
compliance costs that might result from
technological innovation or anticipated
behavioral changes. DOE believes that
this final rule is consistent with these
principles, including the requirement
that, to the extent permitted by law,
agencies adopt a regulation only upon a
reasoned determination that its benefits
justify its costs and, in choosing among
alternative regulatory approaches, those
approaches maximize net benefits.
B. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
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imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction.
With regard to the review required by
section 3(a), section 3(b) of Executive
Order 12988 specifically requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the United States
Attorney General. Section 3(c) of
Executive Order 12988 requires
Executive agencies to review regulations
in light of applicable standards in
section 3(a) and section 3(b) to
determine whether they are met or if it
is unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process (68 FR 7990). DOE
has made its procedures and policies
available on the Office of General
Counsel’s Web site at https://
www.energy.gov/gc/office-generalcounsel.
This final rule is to amend the DEAR
to make technical and administrative
changes as described in the summary.
These changes are technical/minor in
nature; therefore, DOE certifies that this
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rule would not have a significant
economic impact on small entities
because no substantive rights or
obligations are altered by the
amendment. Consequently, DOE did not
prepare a regulatory flexibility analysis
for this rulemaking.
D. Review Under the Paperwork
Reduction Act
This final rule does not impose a
collection of information requirement
subject to the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. Existing burdens
associated with the collection of certain
contractor data under the DEAR have
been cleared under OMB control
number 1910–4100, with an expiration
date of December 31, 2017.
E. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this final rule falls into a class of
actions which would not individually or
cumulatively have significant impact on
the human environment, as determined
by DOE’s regulations (10 CFR part 1021,
subpart D) implementing the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.).
Specifically, this final rule is
categorically excluded from NEPA
review because the amendments to the
DEAR are strictly procedural
(categorical exclusion A6). Therefore,
this final rule does not require an
environmental impact statement or
environmental assessment pursuant to
NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255
(August 4, 1999), imposes certain
requirements on agencies formulating
and implementing policies or
regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. The Executive Order
requires agencies to have an
accountability process to ensure
meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications.
On March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations (65 FR 13735). DOE
has examined the final rule and has
determined that it does not preempt
State law and does not have a
substantial direct effect on the States, on
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the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
G. Review Under the Unfunded
Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires a Federal agency to perform a
written assessment of costs and benefits
of any rule imposing a Federal mandate
with costs to State, local or tribal
governments, or to the private sector, of
$100 million or more. This rulemaking
does not impose a Federal mandate on
State, local or tribal governments or on
the private sector.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277), requires
Federal agencies to issue a Family
Policymaking Assessment for any
rulemaking or policy that may affect
family well-being. This rulemaking will
have no impact on the autonomy or
integrity of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to Office of
Information and Regulatory Affairs
(OIRA), of the Office of Management
and Budget (OMB), a Statement of
Energy Effects for any significant energy
action. A ‘‘significant energy action’’ is
defined as any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy; or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
distribution, or use should the proposal
be implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use. This final rule is
not a significant energy action.
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Accordingly, DOE has not prepared a
Statement of Energy Effects.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13609
Executive Order 13609 of May 1,
2012, ‘‘Promoting International
Regulatory Cooperation,’’ requires that,
to the extent permitted by law and
consistent with the principles and
requirements of Executive Order 13563
and Executive Order 12866, each
Federal agency shall:
(a) If required to submit a Regulatory
Plan pursuant to Executive Order 12866,
include in that plan a summary of its
international regulatory cooperation
activities that are reasonably anticipated
to lead to significant regulations, with
an explanation of how these activities
advance the purposes of Executive
Order 13563 and this order;
(b) Ensure that significant regulations
that the agency identifies as having
significant international impacts are
designated as such in the Unified
Agenda of Federal Regulatory and
Deregulatory Actions, on RegInfo.gov,
and on Regulations.gov;
(c) In selecting which regulations to
include in its retrospective review plan,
as required by Executive Order 13563,
consider:
(i) Reforms to existing significant
regulations that address unnecessary
differences in regulatory requirements
between the United States and its major
trading partners, consistent with section
1 of this order, when stakeholders
provide adequate information to the
agency establishing that the differences
are unnecessary; and
(ii) Such reforms in other
circumstances as the agency deems
appropriate; and
(d) For significant regulations that the
agency identifies as having significant
international impacts, consider, to the
extent feasible, appropriate, and
consistent with law, any regulatory
approaches by a foreign government that
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the United States has agreed to consider
under a regulatory cooperation council
work plan.
DOE has reviewed this final rule
under the provisions of Executive Order
13609 and determined that the rule
complies with all requirements set forth
in the order.
L. Approval by the Office of the
Secretary of Energy
Issuance of this final rule has been
approved by the Office of the Secretary
of Energy.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 48 CFR Parts 902,
909, 916, 917, 922, 925, 931, 936, 942,
952 and 970
Issued in Washington, DC, on July 7, 2016.
John R. Bashista,
Director, Office of Acquisition Management,
Department of Energy.
Joseph Waddell,
Senior Procurement Executive and Deputy
Associate Administrator National Nuclear
Security Administration, Office of Acquisition
and Project Management.
For the reasons set out in the
preamble, the Department of Energy
amends chapter 9 of title 48 of the Code
of Federal Regulations as set forth
below.
Title 48—Federal Acquisition
Regulations System
1. The authority citation for parts 902,
903, 916, 917, 922, 925, 931, 936 and
942 continues to read as follows:
■
Authority: 42 U.S.C. 7101 et seq. and 50
U.S.C. 2401 et seq.
PART 902—DEFINITIONS OF WORDS
AND TERMS
902.101
[Amended]
2. Section 902.101 is amended in the
definition of ‘‘Senior Procurement
Executive’’ by removing ‘‘Director,
Office of Acquisition and Supply
Management’’ and adding in its place
‘‘Deputy Associate Administrator for
Acquisition and Project Management’’.
■
PART 909—CONTRACTOR
QUALIFICATIONS
909.403
3. Section 909.403 is amended in
paragraphs (1) and (2) by removing
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PART 916—TYPES OF CONTRACTS
916.505
[Amended]
4. Section 916.505 is amended in
paragraph (b)(6)(i) by removing the
second sentence.
■
PART 917—SPECIAL CONTRACTING
METHODS
917.602
[Amended]
5. Section 917.602 is amended in
paragraph (a) by removing ‘‘, Deputy
Secretary or Under Secretary’’.
■
PART 922—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITION
[Removed and Reserved]
6. Section 922.804 is removed and
reserved.
■
PART 925—FOREIGN ACQUISITION
7. Section 925.103 is amended by
removing paragraph (a) and revising
paragraph (b)(2).
The revision reads as follows:
■
925.103
Exceptions.
(b) Nonavailabilty—(2)(i) Individual
determinations. Contracting officers
may make the determination required
by 48 CFR 25.103(b)(2)(i), provided such
determination is factually supported in
writing. If the contract is estimated to
exceed $1 million, the Head of the
Contracting Activity must approve the
determination.
(ii) Proposals to add an article to the
list of nonavailable articles at 48 CFR
25.104, with appropriate justifications,
must be submitted for approval by the
Senior Procurement Executive and
submission to the appropriate council.
925.1001
[Amended]
8. Section 925.1001 is amended in
paragraph (b) by removing ‘‘Director,
Office of Acquisition and Supply
Management’’ and adding in its place
‘‘Deputy Associate Administrator for
Acquisition and Project Management’’.
■
PART 931—CONTRACT COST
PRINCIPLES AND PROCEDURES
[Amended]
■
‘‘Director, Office of Acquisition and
Supply Management’’ and adding in its
place ‘‘Deputy Associate Administrator
for Acquisition and Project
Management’’.
922.804
Government procurement.
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9. Section 931.205–18 is revised to
read as follows:
■
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931.205–18 Independent research and
development (IR&D) and bid and proposal
(B&P) costs.
(c) In addition to all the other FAR
requirements for allowability of IR&D
costs, costs for IR&D are allowable
under DOE contracts to the extent: They
are not otherwise unallowable; and they
have potential benefit or relationship to
the DOE program. The term ’’DOE
program’’ encompasses the DOE total
mission and its objectives. In addition to
all the other FAR requirements for
allowability of B&P costs, costs for B&P
are allowable under DOE contracts to
the extent they are not otherwise
unallowable.
PART 936—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
936.202–70
[Removed and Reserved]
10. Section 936.202–70 is removed
and reserved.
■
PART 942—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
942.705–3
[Amended]
11. Section 942.705–3 is amended by:
a. Removing the paragraph
designation ‘‘(a)(2)’’; and
■ b. Removing ‘‘A–88’’ and adding in its
place ‘‘A–21’’.
■
■
PART 952—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
12. The authority citation for part 952
continues to read as follows:
■
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
et seq.
13. Section 952.204–2 is amended by:
a. Revising the section heading;
b. Revising the clause heading and
clause date; and
■ c. Revising paragraphs (h)(2)(vi)
introductory text and (j)(1).
The revisions read as follows:
■
■
■
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952.204–2
Security requirements.
*
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*
*
SECURITY REQUIREMENTS (Aug.
2016)
*
*
*
*
*
(h) * * *
(2) * * *
(vi) The Contractor must maintain a
record of information concerning each
uncleared applicant or uncleared
employee who is selected for a position
requiring an access authorization. Upon
request only, the following information
will be furnished to the head of the
cognizant local DOE Security Office:
*
*
*
*
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(j) Foreign ownership, control, or
influence. (1) The Contractor shall
immediately provide the cognizant
security office written notice of any
change in the extent and nature of
foreign ownership, control or influence
over the Contractor which would affect
any answer to the questions presented
in the Standard Form (SF) 328,
Certificate Pertaining to Foreign
Interests, executed prior to award of this
contract. The Contractor will submit the
Foreign Ownership, Control or
Influence (FOCI) information in the
format directed by DOE. When
completed the Contractor must print
and sign one copy of the SF 328 and
submit it to the Contracting Officer. In
addition, any notice of changes in
ownership or control which are required
to be reported to the Securities and
Exchange Commission, the Federal
Trade Commission, or the Department
of Justice, shall also be furnished
concurrently to the Contracting Officer.
*
*
*
*
*
■ 14. Section 952.204–73 is amended by
revising the date of the clause and
paragraph (a)(1) to read as follows:
952.204–73
Facility clearance.
[Removed and Reserved]
15. Section 952.236–72 is removed
and reserved.
■
952.250–70
[Amended]
16. Section 952.250–70 is amended
by:
■
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Sfmt 4700
952.250–70 Nuclear hazards indemnity
agreement.
*
*
*
*
*
NUCLEAR HAZARDS INDEMNITY
AGREEMENT (Aug. 2016)
*
*
*
*
*
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
17. The authority citation for part 970
continues to read as follows:
■
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
et seq.
970.5215–3
[Amended]
18. Section 970.5215–3, paragraphs
(c)(1)(i) and (c)(2)(i) are amended by
removing ‘‘DOE Order 225.1A’’ and
adding in its place ‘‘DOE Order 225.1B,
or successor version’’.
■
970.5223–1
[Amended]
19. Section 970.5223–1 is amended by
removing ‘‘970.2303–3(b)’’ in the clause
introductory text and adding in its
place, ‘‘970.2303–3(a)’’.
■ 20. Section 970.5244–1 is amended
by:
■ a. Revising the clause date;
■ b. Removing in paragraphs (f)(1) and
(2) ‘‘$100,000’’ and adding in its place
‘‘$150,000’’; and
■ c. Removing in paragraph (g)
‘‘$100,000’’ in both occurrences and
adding in each place ‘‘$500,000’’.
The revision reads as follows:
■
*
*
*
*
*
FACILITY CLEARANCE (Aug. 2016)
*
*
*
*
*
(a) Use of Certificate Pertaining to
Foreign Interests, Standard Form 328.
(1) The contract work anticipated by
this solicitation will require access to
classified information or special nuclear
material. Such access will require a
Facility Clearance for the Contractor’s
organization and access authorizations
(security clearances) for Contractor
personnel working with the classified
information or special nuclear material.
To obtain a Facility Clearance the
Contractor must submit the Standard
Form 328, Certificate Pertaining to
Foreign Interests, and all required
supporting documents to form a
complete Foreign Ownership, Control or
Influence (FOCI) Package. The
Contractor will submit the Foreign
Ownership, Control or Influence (FOCI)
information in the format directed by
DOE. When completed the Contractor
must print and sign one copy of the SF
328 and submit it to the Contracting
Officer.
*
*
*
*
*
952.236–72
a. Revising the date of the clause; and
b. Removing in paragraph (d)(1),
‘‘$100 million’’ and adding in its place
‘‘$500 million’’.
The revision reads as follows:
■
■
970.5244–1
system.
Contractor purchasing
*
*
*
*
*
CONTRACTOR PURCHASING SYSTEM
(Aug. 2016)
*
*
*
*
*
■ 21. Section 970.5245–1 is amended
by:
■ a. Revising the clause date;
■ b. Revising Alternate I heading and
date; and
■ c. Removing in Alternate I paragraph
(j)(3) ‘‘Major System Acquisition or
Major Project’’ and adding in its place
‘‘Major System Project’’ and removing
‘‘DOE Order 4700.1’’ and adding in its
place ‘‘DOE Order 413.3B, or successor
version’’.
The revisions read as follows:
970.5245–1
Property.
*
*
*
*
*
PROPERTY (Aug. 2016)
*
*
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Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations
Alternate I (Aug. 2016).
*
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[FR Doc. 2016–16768 Filed 7–14–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 8
RIN 2105–AE50
Classified Information: Classification/
Declassification/Access; Authority To
Classify Information (RRR)
Office of the Secretary of
Transportation (OST), U.S. Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule updates the
regulations regarding classified
information to reflect changes in
organizational structure, update the
legal authorities, incorporate new
references, and refer historical
researchers and former Presidential
appointees to Executive Order 13526.
DATES: This final rule is effective July
15, 2016.
FOR FURTHER INFORMATION CONTACT: Joan
Harris, Associate Director, Office of
Security, 202–366–1827, or
electronically at joan.harris@dot.gov.
You may also contact David Meade,
Senior Security Specialist, Office of
Security, 202–366–8891, or
electronically at david.meade@dot.gov.
SUPPLEMENTARY INFORMATION: A 2011
DOT final rule (76 FR 19707)
announced changes regarding the
authority to classify information, but
did not update other parts of the rule.
As a result, the Department’s regulations
at 49 CFR part 8 need to be updated.
This final rule makes the following
corrections: Executive Order 12958,
‘‘Classified National Security
Information,’’ has been replaced by
Executive Order 13526, so references to
the outdated Executive Order have been
removed. The ‘‘Interagency
Classification Review Committee’’ is
now the Interagency Security
Classification Appeals Panel. As a result
of reorganizations after the September
11, 2001, terrorist attacks, the U.S. Coast
Guard is no longer a part of DOT, so
references to that agency as a
departmental component have been
removed, and a representative from the
Federal Highway Administration
replaces the U.S. Coast Guard’s
representative on the Department’s
Personnel Security Review Board. This
final rule also updates the names of
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some departmental offices, which have
changed.
Section 8.19, which contained
detailed instructions for submitting and
processing requests for classification
challenges and mandatory classification
reviews, is also eliminated because of
inconsistencies with the current
regulations at 32 CFR 2001. Sections
8.15 (Mandatory review for
classification) and 8.17 (Classification
challenges) have been rewritten to cite
the appropriate sections of 32 CFR 2001
regarding such requests.
The detailed instructions in Section
8.29, Access by historical researchers
and former Presidential appointees,
have been eliminated because they were
outdated. Instead, the instructions have
been replaced with a reference to
Executive Order 13526, which describes
the conditions that qualify such persons
for access, and Executive Order 12968
which provides general guidelines for
access to classified information.
This final rule is exempt from
Administrative Procedure Act (APA)
notice-and-comment requirements. This
final rule does not affect any substantive
changes to the regulations or alter any
existing compliance obligations. This
final rule would only make technical
corrections to part 8 by correcting
outdated references without affecting
the substance of the underlying
rulemaking document. For the reasons
stated above, notice and comment
procedures are unnecessary within the
meaning of the APA. See 5 U.S.C.
553(b)(3)(B).
The Department finds good cause for
this final rule to become effective
immediately under 5 U.S.C. 553(d)(1).
This final rule is only removing
outdated, obsolete, and inconsistent
language in the regulations without
altering any existing compliance
obligations contained in the current
regulations. Since this final rule is
nonsubstantive and will not affect any
regulated entity’s compliance with the
current regulations, the Department
finds good cause for it to become
effective immediately.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
The DOT has determined that this
action is not a significant regulatory
action within the meaning of Executive
Order 12866, and within the meaning of
DOT’s regulatory policies and
procedures. Since this rulemaking
merely removes obsolete and
inconsistent language and makes
editorial corrections and does not have
any substantive impact on the regulated
PO 00000
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45979
community, DOT anticipates that this
rulemaking will have no economic
impact.
Additionally, this action fulfills the
principles of Executive Order 13563,
specifically those relating to
retrospective analyses of existing rules.
This rule is being issued as a result of
the reviews of existing regulations that
the Department periodically conducts.
In addition, these changes will not
interfere with any action taken or
planned by another agency and would
not materially alter the budgetary
impact of any entitlements, grants, user
fees, or loan programs. Consequently, a
full regulatory evaluation is not
necessary.
B. Executive Order 13132
Executive Order 13132 requires
agencies to ensure meaningful and
timely input by State and local officials
in the development of regulatory
policies that may have a substantial,
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. This action has
been analyzed in accordance with the
principles and criteria contained in
Executive Order 13132, dated August 4,
1999, and the DOT has determined that
this action would not have a substantial
direct effect or sufficient federalism
implications on the States. The DOT has
also determined that this action would
not preempt any State law or regulation
or affect the States’ ability to discharge
traditional State governmental
functions. Therefore, consultation with
the States is not necessary.
C. Executive Order 13175
The DOT has analyzed this action
under Executive Order 13175, dated
November 6, 2000, and believes that the
action would not have substantial direct
effects on one or more Indian tribes,
would not impose substantial direct
compliance costs on Indian tribal
governments, and would not preempt
tribal laws. This final rule merely
updates outdated terminology, and
removes inconsistent language relating
to compliance with the Department’s
classified information regulations. It
does not impose any new requirements
on Indian tribal governments. Therefore,
a tribal summary impact statement is
not required.
D. Regulatory Flexibility Act
Since notice-and-comment
rulemaking is not necessary for this
rule, the provisions of the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
E:\FR\FM\15JYR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Rules and Regulations]
[Pages 45974-45979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16768]
=======================================================================
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DEPARTMENT OF ENERGY
48 CFR Parts 902, 909, 916, 917, 922, 925, 931, 936, 942, 952, and
970
RIN 1991-AC00
Acquisition Regulation: Technical and Administrative Changes to
Department of Energy Acquisition Regulation
AGENCY: Office of Acquisition Management, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is adopting as final, a rule
amending the Department of Energy Acquisition Regulation (DEAR) to make
technical and administrative changes to the DEAR, including changes to
conform to the Federal Acquisition Regulation (FAR), remove out-of-date
coverage, update references, and correct minor errors and omissions.
DATES: Effective Date: August 15, 2016.
Applicability Date: This final rule is applicable to solicitations
issued on or after the effective date.
FOR FURTHER INFORMATION CONTACT: Lawrence Butler, U.S. Department of
Energy, Office of Acquisition Management, MA-611, 1000 Independence
Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1945.
Email: lawrence.butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of Comments and Responses
III. Section-by-Section Analysis
IV. Procedural Requirements
A. Review Under Executive Order 12866 and 13563
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 13211
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13609
L. Approval by the Office of the Secretary of Energy
M. Congressional Notification
I. Background
The DEAR has outdated citations and minor errors of a technical
nature. The objective of this final rule is to update the outdated
citations and correct the errors and omissions in the existing DEAR to
conform to the FAR. None of
[[Page 45975]]
these changes are substantive or of a nature to cause any significant
expense for DOE or its contractors.
II. Summary of Comments and Responses
DOE published a proposed rule at 80 FR 15737 on March 25, 2015; DOE
did not receive any comments in response to the proposed rule. DOE made
one change in the final rule in part 916. In the proposed rule, DOE
proposed to change the title of the NNSA Task Order Ombudsman in
Section 916.505, paragraph (b)(6)(i). However, DOE determined that
because NNSA gets this authority from the delegations to the Senior
Procurement Executive and Head of the Contracting Activity, it is not
necessary to include it in the DEAR. Therefore, DOE has removed it from
the final rule.
III. Section-by-Section Analysis
DOE amends the DEAR as follows:
Part 902--Definitions of Words and Terms
1. Section 902.101, paragraph (2), is revised to change the title
of the National Nuclear Security Administration (NNSA) Senior
Procurement Executive (SPE).
Part 909--Contractor Qualifications
2. Section 909.403, paragraphs (1) and (2), are revised to change
the title of the NNSA SPE.
Part 916--Types of Contracts
3. Section 916.505, paragraph (b)(6)(i), DOE proposed to change the
title of the NNSA Task Order Ombudsman. However, DOE decided to remove
the identification of the NNSA Task Order Ombudsman in the final rule
because the delegations to the Senior Procurement Executive and the
Head of the Contracting Activity allow NNSA to designate a task and
delivery order ombudsman.
Part 917--Special Contracting Methods
4. Section 917.602, paragraph (a), is revised to remove language
that is no longer needed in the DEAR.
Part 922--Application of Labor Laws to Government Acquisition
5. Section 922.804 is no longer needed in the DEAR and is removed.
Part 925--Foreign Acquisition
6. Section 925.103, paragraph (a), is revised to correct the CFR
reference.
7. Section 925.1001, paragraph (b), is revised to change the title
of the NNSA SPE.
Part 931--Contract Cost Principles and Procedures
8. Section 931.205-18, paragraph (c)(2), is deleted in its entirety
and replaced with a new paragraph (c).
Part 936--Construction and Architect-Engineer Contracts
9. Section 936.202-70 is no longer needed in the DEAR and is
removed.
Part 942--Contract Administration and Audit Services
10. Section 942.705-3 is revised to update the circular number and
remove the paragraph numbering.
Part 952--Solicitation Provisions and Contract Clauses
11. Section 952.204-2, paragraph (j), is revised to inform
contractors of the format for submitting Foreign Ownership, Control or
Influence (FOCI) information. Paragraph (h)(2)(vi), is revised to
remove Contractor requirement for submitting in writing information to
the head of the cognizant local DOE Security Office concerning each
uncleared applicant or uncleared employee who is selected for a
position requiring an access authorization.
12. Section 952.204-73, paragraph (a), is revised to inform
contractors of the format for submitting FOCI information.
13. Section 952.236-72 is no longer needed in the DEAR and is
removed.
14. Section 952.250-70, paragraph (d)(1), is revised to raise the
threshold as required by the Energy Policy Act of 2005.
Part 970--DOE Management and Operating Contracts
15. Section 970.5215-3 is revised to update the Order number.
16. Section 970.5223-1 is revised to correct the prescription.
17. Section 970.5244-1, paragraph (f) is revised to reflect
threshold increase in 48 CFR 28.102-2. Paragraph (g) is revised to
reflect the threshold increase in DOE's class deviation for DEAR
970.5244-1.
18. Section 970.5245-1, Alternate I, paragraph (j)(3), is revised
to update the Order number and to add language that clarifies the
sentence.
IV. Procedural Requirements
A. Review Under Executive Order 12866 and 13563
This regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this final rule is not subject to review under that
Executive Order by the Office of Information and Regulatory Affairs
(OIRA) of the Office of Management and Budget (OMB).
DOE has also reviewed this regulation pursuant to Executive Order
13563, issued on January 18, 2011 (76 FR 3281 (Jan. 21, 2011)).
Executive Order 13563 is supplemental to and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
agencies are required by Executive Order 13563 to: (1) Propose or adopt
a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public.
DOE emphasizes as well that Executive Order 13563 requires agencies
to use the best available techniques to quantify anticipated present
and future benefits and costs as accurately as possible. In its
guidance, the Office of Information and Regulatory Affairs has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. DOE believes that this final rule is
consistent with these principles, including the requirement that, to
the extent permitted by law, agencies adopt a regulation only upon a
reasoned determination that its benefits justify its costs and, in
choosing among alternative regulatory approaches, those approaches
maximize net benefits.
B. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996),
[[Page 45976]]
imposes on Executive agencies the general duty to adhere to the
following requirements: (1) Eliminate drafting errors and ambiguity;
(2) write regulations to minimize litigation; and (3) provide a clear
legal standard for affected conduct rather than a general standard and
promote simplification and burden reduction.
With regard to the review required by section 3(a), section 3(b) of
Executive Order 12988 specifically requires that Executive agencies
make every reasonable effort to ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any; (2) clearly specifies any
effect on existing Federal law or regulation; (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction; (4) specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the United States Attorney General. Section 3(c) of Executive Order
12988 requires Executive agencies to review regulations in light of
applicable standards in section 3(a) and section 3(b) to determine
whether they are met or if it is unreasonable to meet one or more of
them. DOE has completed the required review and determined that, to the
extent permitted by law, this final rule meets the relevant standards
of Executive Order 12988.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process (68 FR 7990). DOE has made its
procedures and policies available on the Office of General Counsel's
Web site at https://www.energy.gov/gc/office-general-counsel.
This final rule is to amend the DEAR to make technical and
administrative changes as described in the summary. These changes are
technical/minor in nature; therefore, DOE certifies that this rule
would not have a significant economic impact on small entities because
no substantive rights or obligations are altered by the amendment.
Consequently, DOE did not prepare a regulatory flexibility analysis for
this rulemaking.
D. Review Under the Paperwork Reduction Act
This final rule does not impose a collection of information
requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Existing burdens associated with the collection of certain
contractor data under the DEAR have been cleared under OMB control
number 1910-4100, with an expiration date of December 31, 2017.
E. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this final rule falls into a
class of actions which would not individually or cumulatively have
significant impact on the human environment, as determined by DOE's
regulations (10 CFR part 1021, subpart D) implementing the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.).
Specifically, this final rule is categorically excluded from NEPA
review because the amendments to the DEAR are strictly procedural
(categorical exclusion A6). Therefore, this final rule does not require
an environmental impact statement or environmental assessment pursuant
to NEPA.
F. Review Under Executive Order 13132
Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies formulating and implementing policies
or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The Executive Order requires agencies to
have an accountability process to ensure meaningful and timely input by
state and local officials in the development of regulatory policies
that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing
the intergovernmental consultation process it will follow in the
development of such regulations (65 FR 13735). DOE has examined the
final rule and has determined that it does not preempt State law and
does not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. No further action is required by Executive Order 13132.
G. Review Under the Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires a Federal agency to perform a written assessment of costs and
benefits of any rule imposing a Federal mandate with costs to State,
local or tribal governments, or to the private sector, of $100 million
or more. This rulemaking does not impose a Federal mandate on State,
local or tribal governments or on the private sector.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rulemaking or policy that may
affect family well-being. This rulemaking will have no impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to
Office of Information and Regulatory Affairs (OIRA), of the Office of
Management and Budget (OMB), a Statement of Energy Effects for any
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (3) is designated by the
Administrator of OIRA as a significant energy action. For any
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
This final rule is not a significant energy action.
[[Page 45977]]
Accordingly, DOE has not prepared a Statement of Energy Effects.
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516, note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this
final rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13609
Executive Order 13609 of May 1, 2012, ``Promoting International
Regulatory Cooperation,'' requires that, to the extent permitted by law
and consistent with the principles and requirements of Executive Order
13563 and Executive Order 12866, each Federal agency shall:
(a) If required to submit a Regulatory Plan pursuant to Executive
Order 12866, include in that plan a summary of its international
regulatory cooperation activities that are reasonably anticipated to
lead to significant regulations, with an explanation of how these
activities advance the purposes of Executive Order 13563 and this
order;
(b) Ensure that significant regulations that the agency identifies
as having significant international impacts are designated as such in
the Unified Agenda of Federal Regulatory and Deregulatory Actions, on
RegInfo.gov, and on Regulations.gov;
(c) In selecting which regulations to include in its retrospective
review plan, as required by Executive Order 13563, consider:
(i) Reforms to existing significant regulations that address
unnecessary differences in regulatory requirements between the United
States and its major trading partners, consistent with section 1 of
this order, when stakeholders provide adequate information to the
agency establishing that the differences are unnecessary; and
(ii) Such reforms in other circumstances as the agency deems
appropriate; and
(d) For significant regulations that the agency identifies as
having significant international impacts, consider, to the extent
feasible, appropriate, and consistent with law, any regulatory
approaches by a foreign government that the United States has agreed to
consider under a regulatory cooperation council work plan.
DOE has reviewed this final rule under the provisions of Executive
Order 13609 and determined that the rule complies with all requirements
set forth in the order.
L. Approval by the Office of the Secretary of Energy
Issuance of this final rule has been approved by the Office of the
Secretary of Energy.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 48 CFR Parts 902, 909, 916, 917, 922, 925, 931,
936, 942, 952 and 970
Government procurement.
Issued in Washington, DC, on July 7, 2016.
John R. Bashista,
Director, Office of Acquisition Management, Department of Energy.
Joseph Waddell,
Senior Procurement Executive and Deputy Associate Administrator
National Nuclear Security Administration, Office of Acquisition and
Project Management.
For the reasons set out in the preamble, the Department of Energy
amends chapter 9 of title 48 of the Code of Federal Regulations as set
forth below.
Title 48--Federal Acquisition Regulations System
0
1. The authority citation for parts 902, 903, 916, 917, 922, 925, 931,
936 and 942 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.
PART 902--DEFINITIONS OF WORDS AND TERMS
902.101 [Amended]
0
2. Section 902.101 is amended in the definition of ``Senior Procurement
Executive'' by removing ``Director, Office of Acquisition and Supply
Management'' and adding in its place ``Deputy Associate Administrator
for Acquisition and Project Management''.
PART 909--CONTRACTOR QUALIFICATIONS
909.403 [Amended]
0
3. Section 909.403 is amended in paragraphs (1) and (2) by removing
``Director, Office of Acquisition and Supply Management'' and adding in
its place ``Deputy Associate Administrator for Acquisition and Project
Management''.
PART 916--TYPES OF CONTRACTS
916.505 [Amended]
0
4. Section 916.505 is amended in paragraph (b)(6)(i) by removing the
second sentence.
PART 917--SPECIAL CONTRACTING METHODS
917.602 [Amended]
0
5. Section 917.602 is amended in paragraph (a) by removing ``, Deputy
Secretary or Under Secretary''.
PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
922.804 [Removed and Reserved]
0
6. Section 922.804 is removed and reserved.
PART 925--FOREIGN ACQUISITION
0
7. Section 925.103 is amended by removing paragraph (a) and revising
paragraph (b)(2).
The revision reads as follows:
925.103 Exceptions.
(b) Nonavailabilty--(2)(i) Individual determinations. Contracting
officers may make the determination required by 48 CFR 25.103(b)(2)(i),
provided such determination is factually supported in writing. If the
contract is estimated to exceed $1 million, the Head of the Contracting
Activity must approve the determination.
(ii) Proposals to add an article to the list of nonavailable
articles at 48 CFR 25.104, with appropriate justifications, must be
submitted for approval by the Senior Procurement Executive and
submission to the appropriate council.
925.1001 [Amended]
0
8. Section 925.1001 is amended in paragraph (b) by removing ``Director,
Office of Acquisition and Supply Management'' and adding in its place
``Deputy Associate Administrator for Acquisition and Project
Management''.
PART 931--CONTRACT COST PRINCIPLES AND PROCEDURES
0
9. Section 931.205-18 is revised to read as follows:
[[Page 45978]]
931.205-18 Independent research and development (IR&D) and bid and
proposal (B&P) costs.
(c) In addition to all the other FAR requirements for allowability
of IR&D costs, costs for IR&D are allowable under DOE contracts to the
extent: They are not otherwise unallowable; and they have potential
benefit or relationship to the DOE program. The term ''DOE program''
encompasses the DOE total mission and its objectives. In addition to
all the other FAR requirements for allowability of B&P costs, costs for
B&P are allowable under DOE contracts to the extent they are not
otherwise unallowable.
PART 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
936.202-70 [Removed and Reserved]
0
10. Section 936.202-70 is removed and reserved.
PART 942--CONTRACT ADMINISTRATION AND AUDIT SERVICES
942.705-3 [Amended]
0
11. Section 942.705-3 is amended by:
0
a. Removing the paragraph designation ``(a)(2)''; and
0
b. Removing ``A-88'' and adding in its place ``A-21''.
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
12. The authority citation for part 952 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
0
13. Section 952.204-2 is amended by:
0
a. Revising the section heading;
0
b. Revising the clause heading and clause date; and
0
c. Revising paragraphs (h)(2)(vi) introductory text and (j)(1).
The revisions read as follows:
952.204-2 Security requirements.
* * * * *
SECURITY REQUIREMENTS (Aug. 2016)
* * * * *
(h) * * *
(2) * * *
(vi) The Contractor must maintain a record of information
concerning each uncleared applicant or uncleared employee who is
selected for a position requiring an access authorization. Upon request
only, the following information will be furnished to the head of the
cognizant local DOE Security Office:
* * * * *
(j) Foreign ownership, control, or influence. (1) The Contractor
shall immediately provide the cognizant security office written notice
of any change in the extent and nature of foreign ownership, control or
influence over the Contractor which would affect any answer to the
questions presented in the Standard Form (SF) 328, Certificate
Pertaining to Foreign Interests, executed prior to award of this
contract. The Contractor will submit the Foreign Ownership, Control or
Influence (FOCI) information in the format directed by DOE. When
completed the Contractor must print and sign one copy of the SF 328 and
submit it to the Contracting Officer. In addition, any notice of
changes in ownership or control which are required to be reported to
the Securities and Exchange Commission, the Federal Trade Commission,
or the Department of Justice, shall also be furnished concurrently to
the Contracting Officer.
* * * * *
0
14. Section 952.204-73 is amended by revising the date of the clause
and paragraph (a)(1) to read as follows:
952.204-73 Facility clearance.
* * * * *
FACILITY CLEARANCE (Aug. 2016)
* * * * *
(a) Use of Certificate Pertaining to Foreign Interests, Standard
Form 328. (1) The contract work anticipated by this solicitation will
require access to classified information or special nuclear material.
Such access will require a Facility Clearance for the Contractor's
organization and access authorizations (security clearances) for
Contractor personnel working with the classified information or special
nuclear material. To obtain a Facility Clearance the Contractor must
submit the Standard Form 328, Certificate Pertaining to Foreign
Interests, and all required supporting documents to form a complete
Foreign Ownership, Control or Influence (FOCI) Package. The Contractor
will submit the Foreign Ownership, Control or Influence (FOCI)
information in the format directed by DOE. When completed the
Contractor must print and sign one copy of the SF 328 and submit it to
the Contracting Officer.
* * * * *
952.236-72 [Removed and Reserved]
0
15. Section 952.236-72 is removed and reserved.
952.250-70 [Amended]
0
16. Section 952.250-70 is amended by:
0
a. Revising the date of the clause; and
0
b. Removing in paragraph (d)(1), ``$100 million'' and adding in its
place ``$500 million''.
The revision reads as follows:
952.250-70 Nuclear hazards indemnity agreement.
* * * * *
NUCLEAR HAZARDS INDEMNITY AGREEMENT (Aug. 2016)
* * * * *
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
0
17. The authority citation for part 970 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
970.5215-3 [Amended]
0
18. Section 970.5215-3, paragraphs (c)(1)(i) and (c)(2)(i) are amended
by removing ``DOE Order 225.1A'' and adding in its place ``DOE Order
225.1B, or successor version''.
970.5223-1 [Amended]
0
19. Section 970.5223-1 is amended by removing ``970.2303-3(b)'' in the
clause introductory text and adding in its place, ``970.2303-3(a)''.
0
20. Section 970.5244-1 is amended by:
0
a. Revising the clause date;
0
b. Removing in paragraphs (f)(1) and (2) ``$100,000'' and adding in its
place ``$150,000''; and
0
c. Removing in paragraph (g) ``$100,000'' in both occurrences and
adding in each place ``$500,000''.
The revision reads as follows:
970.5244-1 Contractor purchasing system.
* * * * *
CONTRACTOR PURCHASING SYSTEM (Aug. 2016)
* * * * *
0
21. Section 970.5245-1 is amended by:
0
a. Revising the clause date;
0
b. Revising Alternate I heading and date; and
0
c. Removing in Alternate I paragraph (j)(3) ``Major System Acquisition
or Major Project'' and adding in its place ``Major System Project'' and
removing ``DOE Order 4700.1'' and adding in its place ``DOE Order
413.3B, or successor version''.
The revisions read as follows:
970.5245-1 Property.
* * * * *
PROPERTY (Aug. 2016)
* * * * *
[[Page 45979]]
Alternate I (Aug. 2016).
* * * * *
[FR Doc. 2016-16768 Filed 7-14-16; 8:45 am]
BILLING CODE 6450-01-P
