General Services Administration Acquisition Regulation (GSAR); Inflation of Acquisition-Related Thresholds, 68335-68336 [2016-24015]
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
December 17, 2015 addressing
noninterference with measures required
to protect visibility in any other state
(Clean Air Act section 110(a)(2)(D)(i)(II))
are disapproved for the following
National Ambient Air Quality
Standards: 2006 PM2.5, 2008 Ozone,
2010 NO2, 2010 SO2 and 2012 PM2.5.
[FR Doc. 2016–24036 Filed 10–3–16; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 503 and 552
[GSAR Change 76; GSAR Case 2016–G501;
Docket No. 2016–0018; Sequence No. 1]
RIN 3090–AJ78
General Services Administration
Acquisition Regulation (GSAR);
Inflation of Acquisition-Related
Thresholds
II. Public Comments Not Required
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to make
editorial changes. This case updates
acquisition-related thresholds to align
with the Federal Acquisition Regulation
(FAR).
DATES: Effective: October 4, 2016.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Janet Fry, Procurement Analyst, General
Services Acquisition Policy Division,
GSA, at 703–605–3167. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
GSAR case 2016–G501.
SUPPLEMENTARY INFORMATION:
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Discussion of Changes
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to make editorial changes to
align acquisition thresholds with the
Federal Acquisition Regulation (FAR).
There are no significant content changes
resulting from this case.
GSAR section 503.1004(a) is updated
to remove the duplicative and
unnecessary language regarding the
outdated $5,000,000 FAR threshold for
including FAR 52.203–14, Display of
Hotline Poster(s). The remaining text
regarding the $1,000,000 threshold for
disaster assistance funds is retained
with minor edits.
VerDate Sep<11>2014
17:56 Oct 03, 2016
Jkt 241001
Contract GSAR clauses 552.219–71,
Notice to Offerors of Subcontracting
Plan Requirements, and 552.219–72,
Preparation, Submission and
Negotiation of Subcontracting Plans, are
updated to remove reference to the
acquisition threshold of $650,000 and
the language is restructured to no longer
state the threshold but rather direct the
reader to FAR 52.219–9 which clearly
addresses the thresholds for
subcontracting plans. By referencing
back to the FAR, future inflation
updates will not require amendments to
the GSAR.
GSAR clause 552.270–13, Proposals
for Adjustment, is updated to replace
‘‘$500,000’’ with ‘‘$750,000.’’
Referencing the FAR for the threshold to
prevent future updates was not an
alternative.
41 U.S.C. 1707, Publication of
proposed regulations, applies to the
publication of the General Services
Administration Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form including
amendment or modification thereof
must be published for public comment
if it 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 contractor or offerors. This
final rule is not required to be published
for public comment because it contains
minor editorial updates without
changing the meaning of content. The
changes do not have a significant impact
on the public.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
PO 00000
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Fmt 4700
Sfmt 4700
68335
IV. Regulatory Flexibility Act
The Regulatory Flexibility Analysis
does not apply to this rule because this
final rule does not constitute a
significant GSAR revision and 41 U.S.C.
1707 does not require publication for
public comment.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 503 and
552
Government procurement.
Dated: September 29, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, GSA is amending 48 CFR
parts 503 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 503 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 503—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2. Amend section 503.1004 by
revising paragraph (a) to read as follows:
■
503.1004
Contract clauses.
(a) GSA has exercised the authority
provided at FAR 3.1004(b)(1)(i) to
establish a lower threshold for inclusion
of clause 52.203–14, Display of Hotline
Poster(s). When the contract or order is
funded with disaster assistance funds,
the threshold is $1,000,000.
*
*
*
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 552.219–71 by
revising the date of the provision and
the provision to read as follows:
■
552.219–71 Notice to Offerrors of
Subcontracting Plan Requirements.
*
*
*
*
*
Notice to Offerrors of Subcontracting Plan
Requirements (Oct 2016)
The General Services Administration
(GSA) is committed to assuring that
maximum practicable opportunity is
provided to small, HUBZone small, small
disadvantaged, women-owned, veteranowned, and service-disabled veteran-owned
small business concerns to participate in the
E:\FR\FM\04OCR1.SGM
04OCR1
68336
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
performance of this contract consistent with
its efficient performance. GSA expects any
subcontracting plan submitted pursuant to
FAR 52.219–9, Small Business
Subcontracting Plan, to reflect this
commitment. The plan must demonstrate a
creative and innovative program for
involving small, HUBZone small, small
disadvantaged, women-owned, veteranowned, and service-disabled veteran-owned
small business concerns as subcontractors in
the performance of this contract.
*
*
*
*
*
4. Amend section 552.219–72 by
revising the date of the provision and
paragraph (a) to read as follows:
■
552.219–72 Preparation, Submission, and
Negotiation of Subcontracting Plans.
*
*
*
*
*
Preparation, Submission, and Negotiation of
Subcontracting Plans (Oct 2016)
(a) When submitting a subcontracting plan
in accordance with FAR 52.219–9, the offeror
shall submit a subcontracting plan with its
initial offer. The subcontracting plan will be
negotiated concurrently with price and any
required technical and management
proposals, unless the offeror submits a
previously-approved commercial plan.
*
*
*
*
*
5. Amend section 552.270–13 by
revising the date of the provision; and
removing from paragraph (c)
introductory text and paragraph (c)(2)
‘‘500,000’’ and adding ‘‘750,000’’ in
their places, respectively.
The revision reads as follows.
■
552.270–13
*
*
Proposals for Adjustment.
*
*
*
Proposals for Adjustment (Oct 2016)
*
*
*
*
*
[FR Doc. 2016–24015 Filed 10–3–16; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 355, 356, 365, 369, 370,
373, 374, 376, 377, 378, 382, 383, 384,
385, 386, 390, 391, 392, 395, 397, and
398
asabaliauskas on DSK3SPTVN1PROD with RULES
RIN 2126–AB95
General Technical, Organizational,
Conforming, and Correcting
Amendments to the Federal Motor
Carrier Safety Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
regulations by making technical
SUMMARY:
VerDate Sep<11>2014
17:56 Oct 03, 2016
Jkt 241001
corrections throughout. The Agency is
making minor changes to correct errors
and omissions, ensure conformity with
Office of the Federal Register style
guidelines, update cross references, and
improve clarity and consistency of
certain regulatory provisions. Further,
this set of amendments removes all
remaining instances of the term
‘‘common carrier’’ and ‘‘contract
carrier’’ as required by the ICC
Termination Act (ICCTA) and the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU). This rule does
not make any substantive changes to the
affected regulations, except to remove
obsolete provisions.
DATES: Effective Date: The final rule is
effective September 30, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
David Miller, Federal Motor Carrier
Safety Administration, Regulatory
Development Division, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by telephone at (202) 366–5370 or
via email at FMCSAregs@dot.gov. Office
hours are from 9:00 a.m. to 5:00 p.m.
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 85–670, 80 Stat. 931 (1966)). Section
55 of the DOT Act transferred to the
Department the authority of the former
Interstate Commerce Commission (ICC)
to regulate the qualifications and
maximum hours-of-service of
employees, the safety of operations, and
the equipment of motor carriers in
interstate commerce. See 49 United
States Code (U.S.C.) 104. This authority,
first granted to the ICC in the Motor
Carrier Act of 1935 (Pub. L. 74–255, 49
Stat. 543, Aug. 9, 1935), now appears in
49 U.S.C. chapter 315. The regulations
issued under this authority became
known as the Federal Motor Carrier
Safety Regulations (FMCSRs), appearing
generally at 49 CFR parts 350–399. The
administrative powers to enforce
chapter 315 were also transferred from
the ICC to the DOT in 1966 and appear
in 49 U.S.C. chapter 5. The Secretary of
the DOT (Secretary) delegated oversight
of these provisions to the Federal
Highway Administration (FHWA), a
predecessor agency of FMCSA. The
FMCSA Administrator has been
delegated authority under 49 CFR 1.87
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
to carry out the motor carrier functions
vested in the Secretary.
Between 1984 and 1999, a number of
statutes added to FHWA’s authority.
Various statutes authorize the
enforcement of the FMCSRs, the
Hazardous Materials Regulations
(HMRs), and the Commercial
Regulations, and provide both civil and
criminal penalties for violations of these
requirements. These statutes include the
Motor Carrier Safety Act of 1984 (Pub.
L. 98–554, 98 Stat. 2832, Oct. 30, 1984),
codified at 49 U.S.C. chapter 311,
subchapter III (MCSA); the Commercial
Motor Vehicle Safety Act of 1986 (Pub.
L. 99–570, 100 Stat. 3207–170, Oct. 27,
1986), codified at 49 U.S.C. chapter 313;
the Hazardous Materials Transportation
Uniform Safety Act of 1990, as amended
(Pub. L. 101–615, 104 Stat. 3244, Nov.
16, 1990), codified at 49 U.S.C. chapter
51; and the ICCTA of 1995 (Pub. L. 104–
88, 109 Stat. 803, Dec. 29, 1995),
codified at 49 U.S.C. chapters 131–149.
The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
established FMCSA as a new operating
administration within DOT, effective
January 1, 2000. The motor carrier safety
responsibilities previously assigned to
both ICC and FHWA are now assigned
to FMCSA.
Congress expanded, modified, and
amended FMCSA’s authority in the
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001 (Pub. L.
107–56, 115 Stat. 272, Oct. 26, 2001),
SAFETEA–LU (Pub. L. 109–59, 119 Stat.
1144, Aug. 10, 2005), the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572, June 6,
2008), and the Moving Ahead for
Progress in the 21st Century Act (MAP–
21) (Pub. L. 112–141, 126 Stat. 405, July
6, 2012).
The specific regulations amended by
this rule are based on the statutes
detailed above. Generally, the legal
authority for each of those provisions
was explained when the requirement
was originally adopted and is noted at
the beginning of each part in title 49 of
the CFR. Title 49 CFR subtitle B, chapter
III, contains all of the FMCSRs.
The Administrative Procedure Act
(APA) (5 U.S.C. 551–706) specifically
provides exceptions to its notice and
public comment rulemaking procedures
where the Agency finds there is good
cause (and incorporates the finding and
a brief statement of reasons therefore in
the rules issued) to dispense with them.
Generally, good cause exists where the
Agency determines that notice and
public procedures are impractical,
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68335-68336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24015]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 503 and 552
[GSAR Change 76; GSAR Case 2016-G501; Docket No. 2016-0018; Sequence
No. 1]
RIN 3090-AJ78
General Services Administration Acquisition Regulation (GSAR);
Inflation of Acquisition-Related Thresholds
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to make
editorial changes. This case updates acquisition-related thresholds to
align with the Federal Acquisition Regulation (FAR).
DATES: Effective: October 4, 2016.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Janet Fry, Procurement Analyst, General Services Acquisition Policy
Division, GSA, at 703-605-3167. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755. Please cite GSAR case 2016-G501.
SUPPLEMENTARY INFORMATION:
I. Discussion of Changes
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to make editorial
changes to align acquisition thresholds with the Federal Acquisition
Regulation (FAR). There are no significant content changes resulting
from this case.
GSAR section 503.1004(a) is updated to remove the duplicative and
unnecessary language regarding the outdated $5,000,000 FAR threshold
for including FAR 52.203-14, Display of Hotline Poster(s). The
remaining text regarding the $1,000,000 threshold for disaster
assistance funds is retained with minor edits.
Contract GSAR clauses 552.219-71, Notice to Offerors of
Subcontracting Plan Requirements, and 552.219-72, Preparation,
Submission and Negotiation of Subcontracting Plans, are updated to
remove reference to the acquisition threshold of $650,000 and the
language is restructured to no longer state the threshold but rather
direct the reader to FAR 52.219-9 which clearly addresses the
thresholds for subcontracting plans. By referencing back to the FAR,
future inflation updates will not require amendments to the GSAR.
GSAR clause 552.270-13, Proposals for Adjustment, is updated to
replace ``$500,000'' with ``$750,000.'' Referencing the FAR for the
threshold to prevent future updates was not an alternative.
II. Public Comments Not Required
41 U.S.C. 1707, Publication of proposed regulations, applies to the
publication of the General Services Administration Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form including amendment or
modification thereof must be published for public comment if it 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 contractor or offerors.
This final rule is not required to be published for public comment
because it contains minor editorial updates without changing the
meaning of content. The changes do not have a significant impact on the
public.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Analysis does not apply to this rule
because this final rule does not constitute a significant GSAR revision
and 41 U.S.C. 1707 does not require publication for public comment.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 503 and 552
Government procurement.
Dated: September 29, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA is amending 48 CFR parts 503 and 552 as set forth
below:
0
1. The authority citation for 48 CFR parts 503 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. Amend section 503.1004 by revising paragraph (a) to read as follows:
503.1004 Contract clauses.
(a) GSA has exercised the authority provided at FAR 3.1004(b)(1)(i)
to establish a lower threshold for inclusion of clause 52.203-14,
Display of Hotline Poster(s). When the contract or order is funded with
disaster assistance funds, the threshold is $1,000,000.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 552.219-71 by revising the date of the provision and
the provision to read as follows:
552.219-71 Notice to Offerrors of Subcontracting Plan Requirements.
* * * * *
Notice to Offerrors of Subcontracting Plan Requirements (Oct 2016)
The General Services Administration (GSA) is committed to
assuring that maximum practicable opportunity is provided to small,
HUBZone small, small disadvantaged, women-owned, veteran-owned, and
service-disabled veteran-owned small business concerns to
participate in the
[[Page 68336]]
performance of this contract consistent with its efficient
performance. GSA expects any subcontracting plan submitted pursuant
to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this
commitment. The plan must demonstrate a creative and innovative
program for involving small, HUBZone small, small disadvantaged,
women-owned, veteran-owned, and service-disabled veteran-owned small
business concerns as subcontractors in the performance of this
contract.
* * * * *
0
4. Amend section 552.219-72 by revising the date of the provision and
paragraph (a) to read as follows:
552.219-72 Preparation, Submission, and Negotiation of Subcontracting
Plans.
* * * * *
Preparation, Submission, and Negotiation of Subcontracting Plans (Oct
2016)
(a) When submitting a subcontracting plan in accordance with FAR
52.219-9, the offeror shall submit a subcontracting plan with its
initial offer. The subcontracting plan will be negotiated
concurrently with price and any required technical and management
proposals, unless the offeror submits a previously-approved
commercial plan.
* * * * *
0
5. Amend section 552.270-13 by revising the date of the provision; and
removing from paragraph (c) introductory text and paragraph (c)(2)
``500,000'' and adding ``750,000'' in their places, respectively.
The revision reads as follows.
552.270-13 Proposals for Adjustment.
* * * * *
Proposals for Adjustment (Oct 2016)
* * * * *
[FR Doc. 2016-24015 Filed 10-3-16; 8:45 am]
BILLING CODE 6820-61-P
