Defense Federal Acquisition Regulation Supplement: New Designated Country-Moldova (DFARS Case 2016-D028), 65567-65568 [2016-22571]
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Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
5. Amend section 252.227–7037 by—
a. Removing the clause date ‘‘(JUN
2013)’’ and adding ‘‘(SEP 2016)’’ in its
place; and
■ b. Revising paragraphs (b)(1) and (2).
The revisions read as follows:
DEPARTMENT OF DEFENSE
252.227–7037 Validation of restrictive
markings on technical data.
[Docket DARS–2016–0032]
*
RIN 0750–AJ07
■
rmajette on DSK2TPTVN1PROD with RULES
■
*
*
*
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(b) * * *
(1) Commercial items. (i) Except as
provided in paragraph (b)(2) of this
clause, the Contracting Officer will
presume that the Contractor’s or a
subcontractor’s asserted use or release
restrictions with respect to a
commercial item is justified on the basis
that the item was developed exclusively
at private expense.
(ii) The Contracting Officer will not
challenge such assertions unless the
Contracting Officer has information that
demonstrates that the commercial item
was not developed exclusively at
private expense.
(2) Major weapon systems. In the case
of a challenge to a use or release
restriction that is asserted with respect
to data of the Contractor or a
subcontractor for a major weapon
system or a subsystem or component
thereof on the basis that the major
weapon system, subsystem, or
component was developed exclusively
at private expense—
(i) The presumption in paragraph
(b)(1) of this clause applies to—
(A) A commercial subsystem or
component of a major weapon system,
if the major weapon system was
acquired as a commercial item in
accordance with DFARS subpart 234.70
(10 U.S.C. 2379(a));
(B) A component of a subsystem, if
the subsystem was acquired as a
commercial item in accordance with
DFARS subpart 234.70 (10 U.S.C.
2379(b)); and
(C) Any other component, if the
component is a commercially available
off-the-shelf item or a commercially
available off-the-shelf item with
modifications of a type customarily
available in the commercial marketplace
or minor modifications made to meet
Federal Government requirements; and
(ii) In all other cases, the challenge to
the use or release restriction will be
sustained unless information provided
by the Contractor or a subcontractor
demonstrates that the item or process
was developed exclusively at private
expense.
*
*
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*
*
[FR Doc. 2016–22570 Filed 9–22–16; 8:45 am]
BILLING CODE 5001–06–P
VerDate Sep<11>2014
15:10 Sep 22, 2016
Jkt 238001
Defense Acquisition Regulations
System
48 CFR Part 252
Defense Federal Acquisition
Regulation Supplement: New
Designated Country—Moldova (DFARS
Case 2016–D028)
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
Moldova as a new designated country
under the World Trade Organization
Government Procurement Agreement.
SUMMARY:
DATES:
Effective September 23, 2016.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, telephone 571–372–
6176.
SUPPLEMENTARY INFORMATION:
I. Background
On June 29, 2016, the World Trade
Organization (WTO) Committee on
Government Procurement approved the
accession of Moldova to the WTO
Government Procurement Agreement
(GPA). This rule adds Moldova 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 Offthe-Shelf Items
This rule only updates the list of
designated countries in the DFARS by
adding the newly designated country of
Moldova. 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.
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65567
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 Moldova 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 252.225–7018,
Photovoltaic Devices—Certificate, and
252.225–7020, Trade Agreements
Certificate, currently approved under
OMB Control Number 0704–0229,
entitled ‘‘Defense Federal Acquisition
Regulation Supplement Part 225,
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23SER1
65568
Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
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 Moldova in an acquisition
that exceeds $191,000. In 252.225–7018,
the offeror of a product from Moldova
must now check a box at (d)(6)(i) of the
provision. However, the offeror no
longer needs to list a product from
Moldova under ‘‘other end products’’ at
252.225–7020(c)(2), because Moldova 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:
■
ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Moldova’’;
■ b. In the Alternate I clause—
■ i. Removing the clause date of ‘‘(JUN
2016)’’ and adding ‘‘(SEP 2016)’’ in its
place;
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Moldova’’;
■ c. In the Alternate II clause—
■ i. Removing the clause date of ‘‘(JUN
2016)’’ and adding ‘‘(SEP 2016)’’ in its
place;
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Moldova’’; and
■ d. In the Alternate III clause—
■ i. Removing the clause date of ‘‘(JUN
2016)’’ and adding ‘‘(SEP 2016)’’ in its
place;
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Moldova’’.
■
[FR Doc. 2016–22571 Filed 9–22–16; 8:45 am]
BILLING CODE 5001–06–P
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.225–7017
DEPARTMENT OF TRANSPORTATION
[Amended]
2. Amend section 252.225–7017 by—
a. Removing the clause date of ‘‘(AUG
2016)’’ and adding ‘‘(SEP 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 ‘‘Moldova’’.
■
■
252.225–7021
[Amended]
3. Amend section 252.225–7021 by—
a. In the basic clause—
i. Removing the clause date of ‘‘(AUG
2016)’’ and adding ‘‘(SEP 2016)’’ in its
place;
■ ii. In paragraph (a), in the definition
of ‘‘designated country’’ in paragraph
(i), adding, in alphabetical order, the
country of ‘‘Moldova’’;
■ b. In the Alternate II clause—
■ i. Removing the clause date of ‘‘(AUG
2016)’’ and adding ‘‘(SEP 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 ‘‘Moldova’’.
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■
252.225–7045
[Amended]
4. Amend section 252.225–7045 by—
a. In the basic clause—
i. Removing the clause date of ‘‘(JUN
2016)’’ and adding ‘‘(SEP 2016)’’ in its
place;
■
■
■
VerDate Sep<11>2014
15:10 Sep 22, 2016
Jkt 238001
Federal Motor Carrier Safety
Administration
49 CFR Part 393
[Docket No. FMCSA–2016–0234]
RIN 2126–AB94
Parts and Accessories Necessary for
Safe Operation; Windshield-Mounted
Technologies
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends the Federal
Motor Carrier Safety Regulations
(FMCSRs) to allow the voluntary
mounting of certain devices on the
interior of the windshields of
commercial motor vehicles (CMVs),
including placement within the area
that is swept by the windshield wipers.
Section 5301 of the Fixing America’s
Surface Transportation (FAST) Act
directs the Agency to amend the
FMCSRs to allow devices to be mounted
on the windshield that utilize ‘‘vehicle
safety technology,’’ as defined in the
Act. In addition, the section 5301 states
that all windshield mounted devices/
technologies with a limited 2-year
exemption in effect on the date of
enactment, shall be considered to meet
SUMMARY:
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Frm 00038
Fmt 4700
Sfmt 4700
the equivalent-or-greater safety standard
required for the initial exemption.
Promulgation of this final rule is a
nondiscretionary, ministerial action that
does not require prior notice and public
comment under the Administrative
Procedure Act (APA).
DATES: This final rule is effective
October 24, 2016.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than
October 24, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this final rule,
call or email Mr. Luke Loy, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations, Federal Motor Carrier Safety
Administration, telephone: 202–366–
0676; luke.loy@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone 202–366–0676.
SUPPLEMENTARY INFORMATION: This Final
Rule is organized as follows:
I. Executive Summary
II. Abbreviations
III. Legal Basis
IV. Background
V. FAST Act—Windshield Technology
VI. Discussion of Final Rule
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review and DOT Regulatory Policies and
Procedures as Supplemented by E.O.
13563)
B. Regulatory Flexibility Act (Small
Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act (Collection of
Information)
F. E.O. 13132 (Federalism)
G. E.O. 12988 (Civil Justice Reform)
H. E.O. 13045 (Protection of Children)
I. E.O. 12630 (Taking of Private Property)
J. Privacy
K. E.O. 12372 (Intergovernmental Review)
L. E.O. 13211 (Energy Supply, Distribution,
or Use)
M. E.O. 13175 (Indian Tribal Governments)
N. National Technology Transfer and
Advancement Act (Technical Standards)
O. Environment (NEPA, CAA, E.O.12898
Environmental Justice)
I. Executive Summary
Section 5301 of the FAST Act,
enacted on December 4, 2015, but made
effective on October 1, 2015, pursuant to
section 1003, directs the Secretary to
revise 49 Code of Federal Regulations
(CFR) 393.60(e) relating to the
prohibition on obstructions to the
driver’s field of view, to provide an
exception for the voluntary mounting on
a windshield of ‘‘vehicle safety
technology’’ likely to achieve a level of
E:\FR\FM\23SER1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65567-65568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22571]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2016-0032]
RIN 0750-AJ07
Defense Federal Acquisition Regulation Supplement: New Designated
Country--Moldova (DFARS Case 2016-D028)
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 Moldova as a new
designated country under the World Trade Organization Government
Procurement Agreement.
DATES: Effective September 23, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6176.
SUPPLEMENTARY INFORMATION:
I. Background
On June 29, 2016, the World Trade Organization (WTO) Committee on
Government Procurement approved the accession of Moldova to the WTO
Government Procurement Agreement (GPA). This rule adds Moldova 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 Moldova. 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 Moldova 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 252.225-7018, Photovoltaic Devices--Certificate,
and 252.225-7020, Trade Agreements Certificate, currently approved
under OMB Control Number 0704-0229, entitled ``Defense Federal
Acquisition Regulation Supplement Part 225,
[[Page 65568]]
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 Moldova in an acquisition that exceeds
$191,000. In 252.225-7018, the offeror of a product from Moldova must
now check a box at (d)(6)(i) of the provision. However, the offeror no
longer needs to list a product from Moldova under ``other end
products'' at 252.225-7020(c)(2), because Moldova 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 ``(AUG 2016)'' and adding ``(SEP 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
``Moldova''.
252.225-7021 [Amended]
0
3. Amend section 252.225-7021 by--
0
a. In the basic clause--
0
i. Removing the clause date of ``(AUG 2016)'' and adding ``(SEP 2016)''
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Moldova'';
0
b. In the Alternate II clause--
0
i. Removing the clause date of ``(AUG 2016)'' and adding ``(SEP 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
``Moldova''.
252.225-7045 [Amended]
0
4. Amend section 252.225-7045 by--
0
a. In the basic clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)''
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Moldova'';
0
b. In the Alternate I clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)''
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Moldova'';
0
c. In the Alternate II clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)''
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Moldova''; and
0
d. In the Alternate III clause--
0
i. Removing the clause date of ``(JUN 2016)'' and adding ``(SEP 2016)''
in its place;
0
ii. In paragraph (a), in the definition of ``designated country'' in
paragraph (i), adding, in alphabetical order, the country of
``Moldova''.
[FR Doc. 2016-22571 Filed 9-22-16; 8:45 am]
BILLING CODE 5001-06-P
