Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Acquisition Streamlining” (DFARS Case 2018-D033), 54676-54677 [2018-23678]

Download as PDF 54676 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations TABLE FIVE—Continued Vessel * No. * * Approved: October 19, 2018. A.S. Janin, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: October 19, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2018–23374 Filed 10–30–18; 8:45 am] BILLING CODE 3810–FF–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA–HQ–OW–2018–0558; FRL–9985–19– OW] Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures amozie on DSK3GDR082PROD with RULES Correction In rule document 2018–22162, appearing on pages 51636 through 51652, in the issue of Friday, October 12, 2018, make the following corrections: 1. On page 51646, in the table labelled ‘‘ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1),’’ for the Contaminant ‘‘Atrazine’’ and the Methodology ‘‘Solid Phase Extraction/Gas Chromatography/ Mass Spectrometry (GC/MS),’’ the EPA Method should read ‘‘525.3 24, 523 26’’ and the SM 21st edition 1 should be blank. 2. On page 51647, in the table labelled ‘‘ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)—Continued,’’ for the Contaminant ‘‘Simazine’’ and the Methodology ‘‘Solid Phase Extraction/ Gas Chromatography/Mass Spectrometry (GC/MS),’’ the EPA Method should read ‘‘525.3 24, 523 26’’ and the SM 21st edition 1 should be blank. 3. On the same page, in the same table, for the Contaminant ‘‘Total VerDate Sep<11>2014 16:24 Oct 30, 2018 Jkt 247001 Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) * Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) * Trihalomethanes’’ and the Methodology ‘‘Purge &Trap/Gas Chromatography/ Mass Spectrometry,’’ the EPA Method should read ‘‘524.3 9, 524.4 29’’ and the SM 21st edition 1 should be blank. 4. On page 51649, in the table labelled ‘‘ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)—Continued,’’ the second Contaminant should read ‘‘Chlorite—daily monitoring as prescribed in 40 CFR 141.132(b)(2)(i)(A)’’. 5. On the same page, in the same table, on the same row, the Methodology should read ‘‘Amperometric Titration’’ and the EPA Method should be blank. 6. On page 51650, in the table labelled ‘‘ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b),’’ for the Contaminant ‘‘Chloride’’ and the Methodology ‘‘Silver Nitrate Titration,’’ the SM 21st edition 1 should read ‘‘4500–Cl¥ B’’. 7. On the same page, in the same table, on the same row, the SM 22nd edition,28 SM 23rd edition 49 should read ‘‘4500–Cl¥ B’’. [FR Doc. C1–2018–22162 Filed 10–30–18; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 211 and 252 [Docket DARS–2018–0048] RIN 0750–AJ95 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Acquisition Streamlining’’ (DFARS Case 2018– D033) 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 no longer necessary. SUMMARY: PO 00000 Frm 00014 Fmt 4700 After masthead light less than 1⁄2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) Sfmt 4700 * DATES: Percentage horizontal separation attained * Effective October 31, 2018. Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background DoD is amending the DFARS to remove DFARS clause 252.211–7000, Acquisition Streamlining, and the associated clause prescription at DFARS 211.002–70. This clause is included in all solicitations and contracts for systems acquisition programs and requires contractors to: Prepare acquisition streamlining recommendations in accordance with the performance work statement; format and submit the recommendations in accordance with the contract data requirements list of the contract; and include the clause in all subcontracts valued over $1.5 million that are awarded in the performance of the contract. DoD may accept, modify, or reject the contractor’s recommendations. This clause was added to the DFARS to implement a requirement of DoD Directive (DoDD) 5000.43, Acquisition Streamlining. DoDD 5000.43 has been cancelled and replaced by DoD Instruction 5000.02, Operation of the Defense Acquisition System, which requires contractors to submit acquisition streamlining recommendations. Additionally, Federal Acquisition Regulation (FAR) subpart 7.1, Acquisition Plans, already includes acquisition streamlining and industry engagement as considerations to be made when preparing a written acquisition plan. As the implementing DoDD has been cancelled and FAR subpart 7.1 addresses acquisition streamlining, 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 E:\FR\FM\31OCR1.SGM 31OCR1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations 54677 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. The following public comment was received on this clause: Comment: The respondent states that the clause is ineffective, because a contractor who has already been awarded a contract may have a vested interest in preserving the contract, as awarded, and may not be the best source for innovation. Instead, the respondent suggests that targeted surveys sent to both successful and unsuccessful offerors after award may be more effective than a mandatory clause for a single awardee. Response: DoD will continue to encourage industry participation during the design and development of contract requirements and through other methods. The DoD Task Force reviewed the requirements of DFARS clause 252.211– 7000, Acquisition Streamlining, and determined that the DFARS coverage was unnecessary and recommended removal. 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. II. 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 252.211–7000, Acquisition Streamlining. 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. This rule is not an E.O. 13771 regulatory action, because this rule is not significant under E.O. 12866. Defense Federal Acquisition Regulation Supplement: MentorProtege Program Modifications (DFARS Case 2017–D016) VI. Regulatory Flexibility Act AGENCY: III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the 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 16:24 Oct 30, 2018 Jkt 247001 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, 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 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 Parts 211 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 211 and 252 are amended as follows: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1. The authority citation for 48 CFR parts 211 and 252 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 211—DESCRIBING AGENCY NEEDS 211.002–70 ■ [Removed] 2. Remove section 211.002–70. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211–7000 [Removed and Reserved] 3. Remove and reserve section 252.211–7000. ■ [FR Doc. 2018–23678 Filed 10–30–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 and Appendix I to Chapter 2 [Docket DARS–2018–0019] RIN 0750–AJ25 Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2017 that provide modifications to the DoD Pilot MentorProte´ge´ Program. DATES: Effective October 31, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 571– 372–6100. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published a proposed rule in the Federal Register at 83 FR 19677 on May 4, 2018, to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Sections 1823 and 1813 provide modifications to the DoD Pilot MentorProte´ge´ Program (‘‘the Program’’). Section 1823 revises the definition and E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Rules and Regulations]
[Pages 54676-54677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23678]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211 and 252

[Docket DARS-2018-0048]
RIN 0750-AJ95


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Acquisition Streamlining'' (DFARS Case 2018-D033)

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 October 31, 2018.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to remove DFARS clause 252.211-7000, 
Acquisition Streamlining, and the associated clause prescription at 
DFARS 211.002-70. This clause is included in all solicitations and 
contracts for systems acquisition programs and requires contractors to: 
Prepare acquisition streamlining recommendations in accordance with the 
performance work statement; format and submit the recommendations in 
accordance with the contract data requirements list of the contract; 
and include the clause in all subcontracts valued over $1.5 million 
that are awarded in the performance of the contract. DoD may accept, 
modify, or reject the contractor's recommendations.
    This clause was added to the DFARS to implement a requirement of 
DoD Directive (DoDD) 5000.43, Acquisition Streamlining. DoDD 5000.43 
has been cancelled and replaced by DoD Instruction 5000.02, Operation 
of the Defense Acquisition System, which requires contractors to submit 
acquisition streamlining recommendations. Additionally, Federal 
Acquisition Regulation (FAR) subpart 7.1, Acquisition Plans, already 
includes acquisition streamlining and industry engagement as 
considerations to be made when preparing a written acquisition plan. As 
the implementing DoDD has been cancelled and FAR subpart 7.1 addresses 
acquisition streamlining, 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

[[Page 54677]]

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. The following 
public comment was received on this clause:
    Comment: The respondent states that the clause is ineffective, 
because a contractor who has already been awarded a contract may have a 
vested interest in preserving the contract, as awarded, and may not be 
the best source for innovation. Instead, the respondent suggests that 
targeted surveys sent to both successful and unsuccessful offerors 
after award may be more effective than a mandatory clause for a single 
awardee.
    Response: DoD will continue to encourage industry participation 
during the design and development of contract requirements and through 
other methods.
    The DoD Task Force reviewed the requirements of DFARS clause 
252.211-7000, Acquisition Streamlining, and determined that the DFARS 
coverage was unnecessary and recommended removal.

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 removes obsolete DFARS clause 252.211-7000, 
Acquisition Streamlining. 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.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the 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 merely 
removes an obsolete requirement from the DFARS.

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, 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 regulatory action, because this 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 Parts 211 and 252

    Government procurement.

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

    Therefore, 48 CFR parts 211 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 211 and 252 continues to 
read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS


211.002-70   [Removed]

0
2. Remove section 211.002-70.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7000   [Removed and Reserved]

0
3. Remove and reserve section 252.211-7000.

[FR Doc. 2018-23678 Filed 10-30-18; 8:45 am]
 BILLING CODE 5001-06-P