Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Riding Gang Member Requirements” (DFARS Case 2018-D026), 24891-24892 [2018-11344]

Download as PDF Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not add any new burdens or impact applicability of clauses and provisions at or below the simplified acquisition threshold, or to acquisition of commercial items. 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. VI. Regulatory Flexibility Act DEPARTMENT OF DEFENSE Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section V. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. Defense Acquisition Regulations System VII. Paperwork Reduction Act This rule does not contain any information collection requirements that require the 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 Part 225 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR part 225 is amended as follows: PART 225–FOREIGN ACQUISITION IV. Executive Order 13771 ■ This final rule is not an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. 1. sradovich on DSK3GMQ082PROD with RULES2 17:57 May 29, 2018 Jkt 244001 Authority: 41 U.S.C. 1303 and 48 chapter 225.7005 [Removed and Reserved] 2. Remove and reserve section 225.7005. 225.7005–1 The statute that applies to the publication of the Federal Acquisition Regulation is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, title 41 U.S.C. 1707(a)(1) 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 just removes obsolete text from the DFARS, which affects only the internal operating procedures of the Government. VerDate Sep<11>2014 1. The authority citation for part 225 continues to read as follows: ■ V. Publication of This Final Rule for Public Comment Is Not Required by Statute 24891 ■ 3. Remove section 225.7005–1. 225.7005–2 ■ [Removed] [Removed] 4. Remove section 225.7005–2. 225.7005–3 [Removed] ■ 5. Remove section 225.7005–3. [FR Doc. 2018–11343 Filed 5–29–18; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 48 CFR Part 252 [Docket DARS–2018–0030] RIN 0750–AJ88 Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause ‘‘Riding Gang Member Requirements’’ (DFARS Case 2018–D026) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the agency that conducts the background check procedures that are required for contractors who perform work on U.S.flag vessels under DoD contracts for ocean transportation services. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to modify the clause at DFARS 252.247– 7027, Riding Gang Member Requirements. This DFARS clause is included in solicitations and contracts for the acquisition of commercial items, which are for the charter of, or contract for carriage of cargo by, a U.S.-flag vessel documented under 46 U.S.C., chapter 121. DFARS clause, 252.247–7027, Riding Gang Member Requirements, ensures that riding gang members are qualified to serve on board the vessel and that both riding gang members and DoDexempted individuals onboard will not pose a security risk based on criminal or other records. Paragraph (c)(2)(i)(B) of the clause requires the contractor to immediately remove any exempted individual from the vessel that is deemed unsuitable by Military Sealift Command (MSC) Force Protection. This requirement imposes duties on MSC that exceed the scope of their personnel screening agreement. MSC has authorization to screen persons who have access to MSC chartered vessels, but they do not screen persons who have access to non-MSC chartered or contracted vessels. This paragraph is modified to state that the Government agency conducting the background E:\FR\FM\30MYR2.SGM 30MYR2 24892 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations check is the authority responsible for deeming the individual unsuitable, not MSC. The modification of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ which established a Federal policy ‘‘to alleviate unnecessary regulatory burdens’’ on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. No public comments were received on this provision. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.247–7027 and determined that the clause text needed to be modified. sradovich on DSK3GMQ082PROD with RULES2 II. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule does not add any new provisions or clauses. The rule only revises DFARS clause 252.247–7027, Riding Gang Member Requirements, to state that the Government agency conducting the background check is the authority responsible for deeming the individual unsuitable, in lieu of the Military Sealift Command force protection personnel. This clause is already prescribed for use in commercial item acquisitions, and for use below the SAT. 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 the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) 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 VerDate Sep<11>2014 17:57 May 29, 2018 Jkt 244001 contractors or offerors. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule simply updates the name of a Government agency to reflect current Government procedures. IV. Executive Orders 12866 and 13563 E.O. 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA), has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). This rule is not an Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because the rule is not significant under E.O. 12866. VI. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. VII. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). Frm 00008 Fmt 4701 Sfmt 4700 Government procurement. Amy G. Williams, Deputy, 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 part 252 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 252.247–7027 [Amended] 2. Amend section 252.247–7027 by— a. Removing the clause date ‘‘(OCT 2011)’’ and adding ‘‘(MAY 2018)’’ in its place; and ■ b. In paragraph (c)(2)(i)(B), removing ‘‘Military Sealift Command Force Protection personnel’’ and adding ‘‘the Government agency conducting the background checks’’ in its place. ■ ■ [FR Doc. 2018–11344 Filed 5–29–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System V. Executive Order 13771 PO 00000 List of Subjects in 48 CFR Part 252 48 CFR Parts 222, 237, and 252 [Docket DARS–2018–0032] RIN 0750–AJ54 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Right of First Refusal of Employment–Closure of Military Installations’’ (DFARS Case 2018– D002) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is duplicative of an existing Federal Acquisition Regulation (FAR) clause that requires a contractor to give Government personnel the right of first refusal for employment openings in certain situations. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\30MYR2.SGM 30MYR2

Agencies

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24891-24892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11344]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2018-0030]
RIN 0750-AJ88


Defense Federal Acquisition Regulation Supplement: Modification 
of DFARS Clause ``Riding Gang Member Requirements'' (DFARS Case 2018-
D026)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to clarify the agency that 
conducts the background check procedures that are required for 
contractors who perform work on U.S.-flag vessels under DoD contracts 
for ocean transportation services.

DATES: Effective May 30, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to modify the clause at DFARS 252.247-
7027, Riding Gang Member Requirements. This DFARS clause is included in 
solicitations and contracts for the acquisition of commercial items, 
which are for the charter of, or contract for carriage of cargo by, a 
U.S.-flag vessel documented under 46 U.S.C., chapter 121.
    DFARS clause, 252.247-7027, Riding Gang Member Requirements, 
ensures that riding gang members are qualified to serve on board the 
vessel and that both riding gang members and DoD-exempted individuals 
onboard will not pose a security risk based on criminal or other 
records. Paragraph (c)(2)(i)(B) of the clause requires the contractor 
to immediately remove any exempted individual from the vessel that is 
deemed unsuitable by Military Sealift Command (MSC) Force Protection. 
This requirement imposes duties on MSC that exceed the scope of their 
personnel screening agreement. MSC has authorization to screen persons 
who have access to MSC chartered vessels, but they do not screen 
persons who have access to non-MSC chartered or contracted vessels. 
This paragraph is modified to state that the Government agency 
conducting the background

[[Page 24892]]

check is the authority responsible for deeming the individual 
unsuitable, not MSC.
    The modification of this DFARS clause supports a recommendation 
from the DoD Regulatory Reform Task Force. On February 24, 2017, the 
President signed Executive Order (E.O.) 13777, ``Enforcing the 
Regulatory Reform Agenda,'' which established a Federal policy ``to 
alleviate unnecessary regulatory burdens'' on the American people. In 
accordance with E.O. 13777, DoD established a Regulatory Reform Task 
Force to review and validate DoD regulations, including the DFARS. A 
public notice of the establishment of the DFARS Subgroup to the DoD 
Regulatory Reform Task Force, for the purpose of reviewing DFARS 
provisions and clauses, was published in the Federal Register at 82 FR 
35741 on August 1, 2017, and requested public input. No public comments 
were received on this provision. Subsequently, the DoD Task Force 
reviewed the requirements of DFARS clause 252.247-7027 and determined 
that the clause text needed to be modified.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf Items

    This rule does not add any new provisions or clauses. The rule only 
revises DFARS clause 252.247-7027, Riding Gang Member Requirements, to 
state that the Government agency conducting the background check is the 
authority responsible for deeming the individual unsuitable, in lieu of 
the Military Sealift Command force protection personnel. This clause is 
already prescribed for use in commercial item acquisitions, and for use 
below the SAT.

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 the Office of Federal Procurement 
Policy statute (codified at title 41 of the United States Code). 
Specifically, 41 U.S.C. 1707(a)(1) 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 DoD is not 
issuing a new regulation; rather, this rule simply updates the name of 
a Government agency to reflect current Government procedures.

IV. Executive Orders 12866 and 13563

    E.O. 12866, Regulatory Planning and Review; and E.O. 13563, 
Improving Regulation and Regulatory Review, 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. 
The Office of Management and Budget, Office of Information and 
Regulatory Affairs (OIRA), has determined that this is not a 
significant regulatory action as defined under section 3(f) of E.O. 
12866 and, therefore, was not subject to review under section 6(b). 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

V. Executive Order 13771

    This rule is not an Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, regulatory action, because 
the rule is not significant under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the 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 Part 252

    Government procurement.


Amy G. Williams,
Deputy, 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 part 252 continues to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

252.247-7027   [Amended]

0
2. Amend section 252.247-7027 by--
0
a. Removing the clause date ``(OCT 2011)'' and adding ``(MAY 2018)'' in 
its place; and
0
b. In paragraph (c)(2)(i)(B), removing ``Military Sealift Command Force 
Protection personnel'' and adding ``the Government agency conducting 
the background checks'' in its place.

[FR Doc. 2018-11344 Filed 5-29-18; 8:45 am]
 BILLING CODE 5001-06-P

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