Department of State Acquisition Regulation; Technical Amendment, 58350-58351 [2017-26712]
Download as PDF
58350
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
National Environmental Policy Act of
1969 (5 U.S.C. 804)
The final rule will not have
significant effect on the human
environment.
in plain and clear language so that it can
be used and understood by the public,
the NEA has modeled the language of
this rule on the Federal Plain Language
Guidelines.
Small Business Regulatory Enforcement
Fairness Act of 1996 (Sec. 804, Pub. L.
104–121)
This final rule would not be a major
rule as defined in section 804 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule will
not result in an annual effect on the
economy of $100,000,000 or more, a
major increase in costs or prices,
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
export markets.
Public Participation
ethrower on DSK3G9T082PROD with RULES
E-Government Act of 2002 (44 U.S.C.
3504)
Section 206 of the E-Government Act
requires agencies, to the extent
practicable, to ensure that all
information about that agency required
to be published in the Federal Register
is also published on a publicly
accessible Website. All information
about the NEA required to be published
in the Federal Register may be accessed
at www.arts.gov. This Act also requires
agencies to accept public comments on
their rules ‘‘by electronic means.’’ See
heading ‘‘Public Participation’’ for
directions on electronic submission of
public comments on this final rule.
Finally, the E-Government Act
requires, to the extent practicable, that
agencies ensure that a publicly
accessible Federal Government Website
contains electronic dockets for
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et
seq.). Under this Act, an electronic
docket consists of all submissions under
section 553(c) of title 5, United States
Code; and all other materials that by
agency rule or practice are included in
the rulemaking docket under section
553(c) of title 5, United States Code,
whether or not submitted electronically.
The Website https://
www.regulations.gov contains electronic
dockets for the NEA’s rulemakings
under the Administrative Procedure Act
of 1946.
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ‘‘plain
writing’’ means writing that is clear,
concise, well-organized, and follows
other best practices appropriate to the
subject or field and intended audience.
To ensure that this rule has been written
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
DEPARTMENT OF STATE
48 CFR Parts 604 and 642
[Public Notice 9777]
RIN 1400–AE06
The NEA has written this final rule in
compliance with E.O. 13563 by ensuring
its accessibility, consistency, simplicity
of language, and overall
comprehensibility. In addition, the
public participation goals of this order
are also satisfied by the NEA’s
participation in a process in which its
views and information are made public
to the extent feasible, and before any
decisions are actually made. This will
allow the public the opportunity to react
to the comments, arguments, and
information of others during the
rulemaking process. The NEA initiates
its participation in an open exchange by
posting the regulation and its
rulemaking docket on https://
www.regulations.gov.
Finally, Section 2 of E.O. 13563
directs agencies, where feasible and
appropriate, to seek the views of those
who are likely to be affected by
rulemaking. This provision emphasizes
the importance of prior consultation
with ‘‘those who are likely to benefit
from and those who are potentially
subject to such rulemaking.’’ One goal is
to solicit ideas about alternatives,
relevant costs and benefits (both
quantitative and qualitative), and
potential flexibilities. The NEA reaches
out to interested and affected parties by
soliciting comments.
Department of State Acquisition
Regulation; Technical Amendment
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
(DOS) is amending the Department of
State Acquisition Regulation (DOSAR)
to add notice that the Department has an
agreement with the Defense Contract
Audit Agency, and to provide a
procedural correction.
DATES: This final rule is effective on
January 11, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Colleen Kosar, Policy Division, Office of
the Procurement Executive, A/OPE,
2201 C Street NW, Suite 1060, State
Annex Number 15, Washington, DC
20520. Telephone: 703–516–1685.
email: KosarCM@state.gov.
SUPPLEMENTARY INFORMATION: This
document adds a new subpart 642.1,
including section 642.101(b), to provide
notice of the Department’s agreement
with the Defense Contract Audit Agency
on the conduct of incurred cost audits
for the Department’s costreimbursement contracts. In addition,
part 604 is amended to specify the office
through which audits are coordinated,
from the Office of the Inspector General
to the Audit Team in the Office of
Acquisitions Management’s Quality
Assurance Branch.
SUMMARY:
List of Subjects in 45 CFR Parts 1149
and 1158
Regulatory Findings
Administrative practice and
procedure, Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties.
The Department is publishing this
rule as a final rule, as a rule of agency
procedure or practice.
For the reasons stated in the preamble,
the interim rule amending 45 CFR parts
1149 and 1158 which was published at
82 FR 27431 on June 15, 2017 is
adopted as final without change.
■
Dated: December 7, 2017.
Jillian Miller,
Director of Guidelines and Panel Operations,
Administrative Services, National
Endowment for the Arts.
[FR Doc. 2017–26733 Filed 12–11–17; 8:45 am]
BILLING CODE P
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Administrative Procedure Act
Regulatory Flexibility, Unfunded
Mandates, SBREFA
The Department of State, in
accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by
approving it, certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. This determination was based
on the fact that the amendment in this
rule will not have any cost or
administrative impact on offerors or
contractors. This rule will not result in
the expenditure by State, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any year and it will not
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Act of 1995.
Finally, this rule is not a major rule as
defined by the Small Business
Regulatory Enforcement Act of 1996 (5
U.S.C. 801 et seq.).
Executive Orders 12866, 13563 and
13771
The Department of State does not
consider this rule to be an
‘‘economically significant’’ regulatory
action under E.O. 12866. The
Department has reviewed the regulation
to ensure its consistency with the
regulatory philosophy and principles set
forth in Executive Orders 12866 and
13563 and finds that the benefits of
updating this rule outweigh any costs,
which the Department assesses to be
minimal. This final rule is not subject to
the requirements of Executive Order
13771 because this final rule is related
to agency organization, management or
personnel, and has been determined to
be non-significant within the meaning
of Executive Order 12866.
Executive Orders 13132 and 13175
This rule will not have substantial
direct effects 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. The Department
has determined that this rulemaking
will not have tribal implications, will
not impose substantial direct
compliance costs on Indian tribal
governments, and will not pre-empt
tribal law.
ethrower on DSK3G9T082PROD with RULES
2. Amend section 604.804–70 by
revising the second sentence of
paragraph (d)(3) to read as follows:
■
VerDate Sep<11>2014
16:52 Dec 11, 2017
Jkt 244001
*
*
*
*
(d) * * *
(3) * * * Requests for audits,
normally by the Defense Contract Audit
Agency (DCAA) in accordance with the
agreement DOS has with DCAA to
conduct incurred cost audits, shall be
submitted through the A/LM/AQM/
BOD/QA Audit Team (see
642.101(b)). * * *
*
*
*
*
*
PART 642—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
3. Add subpart 642.1, consisting of
section 642.101, to read as follows:
■
Subpart 642.1—Contract Audit
Services
642.101
Contract audit responsibilities.
(b) The Department has an
interagency agreement with the Defense
Contract Audit Agency (DCAA) to
perform incurred cost audits on costreimbursement contracts. DCAA audits
are requested through the A/LM/AQM/
BOD/QA Audit Team.
Eric N. Moore,
Procurement Executive (Acting), Department
of State.
[FR Doc. 2017–26712 Filed 12–11–17; 8:45 am]
BILLING CODE 4710–24–P
DEPARTMENT OF STATE
48 CFR Parts 636, 637, and 652
[Public Notice 9703]
RIN 1400–AE04
Department of State.
Interim final rule.
AGENCY:
ACTION:
List of Subjects in 48 CFR Parts 604 and
642
Government procurement.
For the reasons stated in the
preamble, the Department of State
amends 48 CFR chapter 6 as follows:
■ 1. The authority citation for 48 CFR
parts 604 and 642 continues to read as
follows:
PART 604—ADMINISTRATIVE
MATTERS
Contract closeout procedures.
*
Department of State Acquisition
Regulation
Paperwork Reduction Act
The rule imposes no new or revised
information collections under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Authority: 22 U.S.C. 2651a, 40 U.S.C.
121(c) and 48 CFR chapter 1.
604.804–70
The Department of State
(DOS) is amending the Department of
State Acquisition Regulation (DOSAR)
to provide new guidance prescribing
more stringent safety requirements for
certain overseas construction and
services projects.
DATES: Effective Date: This interim rule
is effective on January 11, 2018.
Comment Date: The Department of
State will accept comments on this
interim rule until February 12, 2018.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: KosarCM@state.gov. You
must include the RIN 1400–AE04 in the
subject line of your message.
• Mail (paper only): Ms. Colleen
Kosar, Policy Division, Office of the
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
58351
Procurement Executive, A/OPE, 2201 C
Street NW, Suite 1060, State Annex
Number 15, Washington, DC 20520.
• Persons with access to the internet
may view this interim rule and submit
comments by visiting: https://
www.regulations.gov, and searching for
docket number DOS–2017–0007.
FOR FURTHER INFORMATION CONTACT: Ms.
Colleen Kosar, Policy Division, Office of
the Procurement Executive, A/OPE,
2201 C Street NW, Suite 1060, State
Annex Number 15, Washington, DC
20520. Telephone 703–516–1685.
SUPPLEMENTARY INFORMATION: The
purpose of this interim rule is to update
48 CFR part 636, section 636.513,
Accident Prevention; 48 CFR part 637;
and 48 CFR part 652, section 652.236–
70, Accident Prevention. The
Department of State (DOS) is rescinding
the class deviation that authorized the
substitution of DOSAR 652.236–70,
Accident Prevention, for FAR 52.236–13
Accident Prevention, thus reinstating
the requirement for use of FAR 52.236–
13. Additionally, a new clause,
‘‘Additional Safety Measures,’’ is added
to replace DOSAR 652.236–70.
Specifically, the interim rule:
• Amends section 636.513 to reinstate
the use of FAR 52.236–13, Accident
Prevention, together with its Alternate I,
and to prescribe the use of DOSAR
clause 652.236–70, Additional Safety
Measures.
• Amends part 637, to add a new
section 637.102–71 to provide a crossreference to 636.513 for services
contracts.
• Amend section 652.236–70 to
replace the current clause (‘‘Accident
Prevention’’) with a new clause
(‘‘Additional Safety Measures’’).
The Department has determined to issue
an interim final rule due to the
overriding importance of the safety of
individuals associated with overseas
DOS construction and services projects.
Regulatory Findings
Administrative Procedure Act
In accordance with 5 U.S.C. 553(a)(2),
which exempts from the Administrative
Procedure Act matters relating to
contracts, the Department is publishing
this rulemaking as an interim final rule,
but is inviting public comment.
Regulatory Flexibility Act
This rulemaking is not a ‘‘rule’’ as
defined by the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.; therefore, that
Act does not apply to it. However, the
Department of State has reviewed this
regulation and, by approving it, certifies
that it will not have a significant
economic impact on a substantial
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58350-58351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26712]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
48 CFR Parts 604 and 642
[Public Notice 9777]
RIN 1400-AE06
Department of State Acquisition Regulation; Technical Amendment
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State (DOS) is amending the Department of
State Acquisition Regulation (DOSAR) to add notice that the Department
has an agreement with the Defense Contract Audit Agency, and to provide
a procedural correction.
DATES: This final rule is effective on January 11, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Colleen Kosar, Policy Division,
Office of the Procurement Executive, A/OPE, 2201 C Street NW, Suite
1060, State Annex Number 15, Washington, DC 20520. Telephone: 703-516-
1685. email: [email protected].
SUPPLEMENTARY INFORMATION: This document adds a new subpart 642.1,
including section 642.101(b), to provide notice of the Department's
agreement with the Defense Contract Audit Agency on the conduct of
incurred cost audits for the Department's cost-reimbursement contracts.
In addition, part 604 is amended to specify the office through which
audits are coordinated, from the Office of the Inspector General to the
Audit Team in the Office of Acquisitions Management's Quality Assurance
Branch.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule, as a rule
of agency procedure or practice.
Regulatory Flexibility, Unfunded Mandates, SBREFA
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities. This
determination was based on the fact that the amendment in this rule
will not have any cost or administrative impact on offerors or
contractors. This rule will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any year and it will not
[[Page 58351]]
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Act of 1995. Finally, this rule is not a major rule as defined
by the Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801
et seq.).
Executive Orders 12866, 13563 and 13771
The Department of State does not consider this rule to be an
``economically significant'' regulatory action under E.O. 12866. The
Department has reviewed the regulation to ensure its consistency with
the regulatory philosophy and principles set forth in Executive Orders
12866 and 13563 and finds that the benefits of updating this rule
outweigh any costs, which the Department assesses to be minimal. This
final rule is not subject to the requirements of Executive Order 13771
because this final rule is related to agency organization, management
or personnel, and has been determined to be non-significant within the
meaning of Executive Order 12866.
Executive Orders 13132 and 13175
This rule will not have substantial direct effects 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. The Department has determined that this
rulemaking will not have tribal implications, will not impose
substantial direct compliance costs on Indian tribal governments, and
will not pre-empt tribal law.
Paperwork Reduction Act
The rule imposes no new or revised information collections under
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
List of Subjects in 48 CFR Parts 604 and 642
Government procurement.
For the reasons stated in the preamble, the Department of State
amends 48 CFR chapter 6 as follows:
0
1. The authority citation for 48 CFR parts 604 and 642 continues to
read as follows:
Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter
1.
PART 604--ADMINISTRATIVE MATTERS
0
2. Amend section 604.804-70 by revising the second sentence of
paragraph (d)(3) to read as follows:
604.804-70 Contract closeout procedures.
* * * * *
(d) * * *
(3) * * * Requests for audits, normally by the Defense Contract
Audit Agency (DCAA) in accordance with the agreement DOS has with DCAA
to conduct incurred cost audits, shall be submitted through the A/LM/
AQM/BOD/QA Audit Team (see 642.101(b)). * * *
* * * * *
PART 642--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
3. Add subpart 642.1, consisting of section 642.101, to read as
follows:
Subpart 642.1--Contract Audit Services
642.101 Contract audit responsibilities.
(b) The Department has an interagency agreement with the Defense
Contract Audit Agency (DCAA) to perform incurred cost audits on cost-
reimbursement contracts. DCAA audits are requested through the A/LM/
AQM/BOD/QA Audit Team.
Eric N. Moore,
Procurement Executive (Acting), Department of State.
[FR Doc. 2017-26712 Filed 12-11-17; 8:45 am]
BILLING CODE 4710-24-P