Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Removal of Contractor's Employees” (DFARS Case 2018-D042), 42788-42789 [2018-18247]

Download as PDF 42788 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 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. Executive Order 13771 This final rule is considered to be an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, deregulatory action. Details on the estimated cost savings can be found in section III. of this preamble. sradovich on DSK3GMQ082PROD with RULES VI. 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 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 merely removes an obsolete requirement from the DFARS. VII. 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 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. VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 VIII. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the DFARS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704–0483, entitled ‘‘Independent Research and Development Technical Descriptions.’’ Repeal of this rule does not impact the IR&D reporting that continues to be required annually, when the IR&D project is completed, under OMB Control Number 0704–0483. List of Subjects in 48 CFR Part 231 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR part 231 is amended as follows: PART 231—CONTRACT COST PRINCIPLES AND PROCEDURES 1. The authority citation for part 231 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 chapter 1. 231.205–18 [Amended] 2. Amend section 231.205–18 by: a. Adding ‘‘and’’ to the end of paragraph (c)(iii)(C)(2); ■ b. Removing ‘‘; and’’ from the end of paragraph (c)(iii)(C)(3) and adding a period in its place; and ■ c. Removing paragraph (c)(iii)(C)(4). ■ ■ [FR Doc. 2018–18239 Filed 8–23–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 247 and 252 [Docket DARS–2018–0041] RIN 0750–AK04 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Removal of Contractor’s Employees’’ (DFARS Case 2018–D042) 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 SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (DFARS) to remove a clause that is no longer necessary. DATES: Effective August 24, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove the DFARS clause 252.247– 7006, Removal of Contractor’s Employees, and the associated clause prescription at DFARS 247.270–4. The DFARS clause served as an agreement from the contractor to only use experienced, responsible, and capable people to perform the work under the stevedoring contract. The clause also advised the contractor that the contracting officer may require the contractor to remove from the job, employees who endanger persons or property or whose employment is inconsistent with the interest of military security. II. Discussion and Analysis The information conveyed in DFARS clause 252.247–7006 is directly related to performance of the work under a stevedoring contract. It is more appropriate to define what the Government considers an experienced, responsible, and capable employee to be in a performance work statement, not a contract clause, because those requirements may change depending on various factors of the work being performed. If the need to remove employees from performing under the contract exists, it should be identified in the performance work statement. The removal and replacement of employees directly relates to the contractor’s ability to perform and staff the work under the contract. As such, this DFARS clause is unnecessary and can be removed. The removal of this DFARS text 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. One public comment was received on this E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations clause. The comment recommended elimination of the clause, as it is unnecessary. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.247–7006, Removal of Contractor’s Employees, and determined that the DFARS coverage was unnecessary and recommended removal. III. Applicability to Contracts At or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule only removes obsolete DFARS clause 252.247–7006, Removal of Contractor’s Employees. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items. 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). sradovich on DSK3GMQ082PROD with RULES V. Executive Order 13771 This rule is not an E.O. 13771, Reducing and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. VI. 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 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) VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 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 merely removes an obsolete requirement from the DFARS. VII. 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 VI. 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. VIII. 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 Parts 247 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 247 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 247 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 247—TRANSPORTATION 247.270–4 [Amended] 1. Amend section 247.270–4 by— a. Removing paragraph (f); and b. Redesignating paragraph (g) as paragraph (f). ■ ■ ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247–7006 [Removed and Reserved] 2. Remove and reserve section 252.247–7006. ■ 252.247–7007 [Amended] 3. Amend section 252.247–7007, in the introductory text, by removing ■ PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 42789 ‘‘247.270–4(g)’’ and adding ‘‘247.270– (f)’’ in its place. [FR Doc. 2018–18247 Filed 8–23–18; 8:45 am] BILLING CODE 6820–ep–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS–HQ–MB–2017–0028; FF09M21200–178–FXMB1231099BPP0] RIN 1018–BB73 Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018–19 Season Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: This rule prescribes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions. DATES: This rule takes effect on August 24, 2018. ADDRESSES: You may inspect comments received on the special hunting regulations and Tribal proposals during normal business hours at U.S. Fish and Wildlife Headquarters, 5275 Leesburg Pike, Falls Church, VA 22041–3803, or at https://www.regulations.gov at Docket No. FWS–HQ–MB–2017–0028. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, U.S. Fish and Wildlife Service, Department of the Interior, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041–3803; (703) 358–1967. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Migratory Bird Treaty Act (MBTA) of July 3, 1918 (16 U.S.C. 703 et seq.), authorizes and directs the Secretary of the Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest, or egg thereof may be taken, hunted, E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42788-42789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18247]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2018-0041]
RIN 0750-AK04


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Removal of Contractor's Employees'' (DFARS Case 2018-
D042)

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 remove a clause that is no 
longer necessary.

DATES: Effective August 24, 2018.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to remove the DFARS clause 252.247-7006, 
Removal of Contractor's Employees, and the associated clause 
prescription at DFARS 247.270-4. The DFARS clause served as an 
agreement from the contractor to only use experienced, responsible, and 
capable people to perform the work under the stevedoring contract. The 
clause also advised the contractor that the contracting officer may 
require the contractor to remove from the job, employees who endanger 
persons or property or whose employment is inconsistent with the 
interest of military security.

II. Discussion and Analysis

    The information conveyed in DFARS clause 252.247-7006 is directly 
related to performance of the work under a stevedoring contract. It is 
more appropriate to define what the Government considers an 
experienced, responsible, and capable employee to be in a performance 
work statement, not a contract clause, because those requirements may 
change depending on various factors of the work being performed. If the 
need to remove employees from performing under the contract exists, it 
should be identified in the performance work statement. The removal and 
replacement of employees directly relates to the contractor's ability 
to perform and staff the work under the contract. As such, this DFARS 
clause is unnecessary and can be removed.
    The removal of this DFARS text 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. One public comment was received on this

[[Page 42789]]

clause. The comment recommended elimination of the clause, as it is 
unnecessary. Subsequently, the DoD Task Force reviewed the requirements 
of DFARS clause 252.247-7006, Removal of Contractor's Employees, and 
determined that the DFARS coverage was unnecessary and recommended 
removal.

III. Applicability to Contracts At or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.247-7006, Removal 
of Contractor's Employees. Therefore, the rule does not impose any new 
requirements on contracts at or below the simplified acquisition 
threshold and for commercial items, including commercially available 
off-the-shelf items.

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 E.O. 13771, Reducing and Controlling Regulatory 
Costs, regulatory action, because this rule is not significant under 
E.O. 12866.

VI. 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 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 merely removes an obsolete 
requirement from the DFARS.

VII. 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 VI. 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.

VIII. 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 Parts 247 and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 247 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 247 and 252 continues to 
read as follows:

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

PART 247--TRANSPORTATION


247.270-4   [Amended]

0
1. Amend section 247.270-4 by--
0
a. Removing paragraph (f); and
0
b. Redesignating paragraph (g) as paragraph (f).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.247-7006   [Removed and Reserved]

0
2. Remove and reserve section 252.247-7006.


252.247-7007   [Amended]

0
3. Amend section 252.247-7007, in the introductory text, by removing 
``247.270-4(g)'' and adding ``247.270-(f)'' in its place.

[FR Doc. 2018-18247 Filed 8-23-18; 8:45 am]
 BILLING CODE 6820-ep-P

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