Acquisition Regulation: Removal of Outdated References, 17131-17133 [2019-07814]
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Proposed Rules
jbell on DSK30RV082PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
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tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 10, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–07583 Filed 4–23–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Part 1419
[190D0102DM DS62500000
DLSN00000.000000 DX62501; DOI–2018–
0018]
RIN 1090–AB22
Acquisition Regulation: Removal of
Outdated References
Office of Small and
Disadvantaged Business Utilization,
Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of the
Interior is issuing a proposed rule
amending the Department of the Interior
Acquisition Regulation (DIAR) to
implement Section 15(k) of the Small
Business Act and remove outdated
references and/or obsolete information.
DATES: Comments must be received on
or before June 24, 2019.
ADDRESSES: You may submit comments
on the rulemaking on Docket Number
DOI–2018–0018 through the Federal
eRulemaking Portal at https://
www.regulations.gov. Please use
Regulation Identifier Number (RIN)
1090–AB22 in your message. Follow the
instructions on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Bell, Procurement Analyst,
Office of Small and Disadvantaged
Small Business, Department of the
Interior, 1849 C Street NW, Mail Stop
4262 MIB, Washington, DC 20240;
SUMMARY:
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17131
telephone (202) 208–3458 or email
christopher_bell@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule will revise the
Department of the Interior Acquisition
Regulation (DIAR) in order to update
references to other Federal and
Departmental directives, remove
obsolete material and remove obsolete
references.
On November 24th, 2015, the DOI
Office of Acquisition and Property
Management (PAM) issued a class
deviation to DIAR 1419.2, to revise the
content in 1419.201 and 1419.202. This
proposed rule intends to update the
DIAR with changes from the deviation
and rescind the class deviation.
The content of DIAR 1419.201 related
to setting goals for small business
contracting, the role of the Office of
Small and Disadvantaged Business
Utilization (OSDBU) and the
appointment of Small Business
Specialists and was out of date and
inconsistent with statutory requirements
and the Federal Acquisition Regulation
(FAR). The deviation ensured that DOI
manages our small business goals in full
compliance with SBA’s procedures and
adhered to FAR requirements regarding
the role of the OSDBU and Small
Business Specialists. This proposed rule
ensures that the role of the Director of
the OSDBU is consistent with the Small
Business Act 15 U.S.C. 644(k).
The proposed rule simplifies DIAR
1419.202 to allow the OSDBU Director
responsibility for issuing policy on the
use and content of the Form DI–1886
‘‘Acquisition Screening and Review
Form’’.
The proposed rule further intends to
remove the following from DIAR 1419:
Remove DIAR 1419.505, ‘‘Rejecting
Small Business Administration
recommendations.’’ The Department has
determined that the procedures in FAR
19.505 are sufficient for documenting
the rejection of Small Business
Administration’s recommendation and
that further supplemental guidance in
the DIAR is duplicative and redundant;
Remove DIAR 1419.506,
‘‘Withdrawing or modifying small
business set-asides.’’ The Department
has determined that the procedures in
FAR 19.506 are sufficient for
withdrawing or modifying small
business set-asides and that further
supplemental guidance in the DIAR is
duplicative and redundant;
Remove DIAR 1419.7, ‘‘The Small
Business Subcontracting Program’’, in
its entirety. The DOI has determined
that the procedures in FAR 19.7 are
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Proposed Rules
jbell on DSK30RV082PROD with PROPOSALS
sufficient for managing the DOI’s small
business subcontracting program;
Remove DIAR 1419.803, Selecting
acquisitions for the 8(a) program;
Remove DIAR 1419.9, ‘‘Contracting
Opportunities for Women-Owned Small
Businesses’’, in its entirety. The
Executive Order 12138 supporting the
regulation has been superseded by the
Women Owned Small Business program
established under 15 U.S.C 637(m);
Remove DIAR 1419.10, ‘‘Small
Business Competitiveness
Demonstration Program’’, in its entirety.
FAR 19.10 was established to meet the
requirements of the Business
Opportunity Development Reform Act
of 1988 (Pub. L. 100–656). Section 1335
of the Small Business Jobs Act of 2010
(Pub. L. 111–240) amended the Business
Opportunity Development Reform Act
of 1988 and repealed the Small Business
Competitiveness Demonstration
Program.
II. Required Determinations
1. Regulatory Planning and Review
(Executive Orders 12866 and 13563).
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) will review
all significant rules. OIRA has
determined that this proposed rule is
not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
Executive Order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public,
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this proposed rule in a manner
consistent with these requirements.
2. Regulatory Flexibility Act. The
Secretary certifies that the adoption of
this proposed rule will not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Therefore, under 5 U.S.C. 605(b), this
rulemaking is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
3. Small Business Regulatory
Enforcement Fairness Act. This
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proposed rule is not a major rule under
the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2)). This proposed rule does not
have an annual effect on the economy
of $100 million or more. This proposed
rule will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions. This proposed rule
does not have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act.
This proposed rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments, or the private sector nor
does the rule impose requirements on
State, local, or tribal governments. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
5. Takings (E.O. 12630). This
proposed rule does not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. A takings implication
assessment is not required.
6. Federalism (E.O. 13132). Under the
criteria in section 1 of E.O. 13132, this
proposed rule does not have sufficient
Federalism implications to warrant the
preparation of a Federalism summary
impact statement. It would not
substantially and directly affect the
relationship between the Federal and
state governments. A Federalism
summary impact statement is not
required.
7. Civil Justice Reform (E.O. 12988).
This proposed rule complies with the
requirements of E.O. 12988.
Specifically, this rule (1) meets the
criteria of section 3(a) of this E.O.
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and (2) meets the criteria of
section 3(b)(2) of this E.O. requiring that
all regulations be written in clear
language and contain clear legal
standards.
8. Consultation with Indian tribes
(E.O. 13175). The Department strives to
strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation and recognition of their
right to self-governance and tribal
sovereignty. We have evaluated this rule
under the Department’s consultation
PO 00000
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Sfmt 4702
policy and under the criteria in E.O.
13175 and have determined that it has
no substantial direct effect on Federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required. This rule does not apply to
tribal awards made in accordance with
the Indian Self-Determination and
Education Assistance Act (Pub. L. 93–
638, 88 Stat. 2204), as amended.
9. Paperwork Reduction Act, 44
U.S.C. 3501, et seq. This proposed rule
does not contain information collection
requirements, and a submission to the
Office of Management and Budget under
the Paperwork Reduction Act (PRA) is
not required.
10. National Environmental Policy
Act. This proposed rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment. A detailed
statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by the categorical exclusion
listed in 43 CFR 46.210(c). We have also
determined that the rule does not
involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
11. Effects on the Energy Supply (E.O.
13211) This proposed rule is not a
significant energy action under the
definition in E.O. 13211. A Statement of
Energy Effects is not required.
12. Clarity of this Regulation. We are
required by Executive Orders 12866
(section 1(b)(12)), and 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and
the Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must (1) be logically organized;
(2) use the active voice to address
readers directly; (3) use common,
everyday words and clear language
rather than jargon; (4) be divided into
short sections and sentences; and (5) use
lists and tables wherever possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the FOR FURTHER
INFORMATION CONTACT section. To better
help us revise the rule, your comments
should be as specific as possible. For
example, you should tell us the number
of section or paragraphs that you find
unclear, which section or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
13. Public availability of comments.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
E:\FR\FM\24APP1.SGM
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Proposed Rules
personal identifying information—may
be publically available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
List of Subjects in 48 CFR Part 1419
Government procurement, Small
business.
For the reasons set out in the
preamble, DOI proposes to revise 48
CFR, chapter 7, part 1419 to read as
follows:
PART 1419—SMALL BUSINESS
PROGRAMS
Subpart 1419.1—[Reserved]
Subpart 1419.2—Policies
Sec.
1419.201 General Policy.
1419.202 Specific policies.
1419.202
The Director of the OSDBU is
responsible for issuing policy for use of
the DI Form 1886 and determining the
content of Form DI–1886 ‘‘Acquisition
Screening and Review Form.’’
Subpart 1419.4—[Reserved]
Subpart 1419.5—Set-Asides for Small
Business
1419.503 Setting aside a class of
acquisitions.
1419.503–70 Class set-aside for
construction acquisitions.
Subpart 1419.3—[Reserved]
Subpart 1419.4—[Reserved]
Subpart 1419.6—Certificates of
Competency and Determinations of
Responsibility
1419.602 Procedures.
1419.602–1 Referral.
Subpart 1419.5—Set-Asides for Small
Business
1419.503 Setting aside a class of
acquisitions.
Subpart 1419.7—[Reserved]
Subpart 1419.8—Contracting with the Small
Business Administration (The 8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Subpart 1419.9—[Reserved]
Subpart 1419.10—[Reserved]
Authority: Sec. 205(c); 63 Stat. 390; 40
U.S.C. 486(c); and 5 U.S.C. 301.
Subpart 1419.1—[Reserved]
Subpart 1419.2—Policies
General Policy.
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The Director of the Office of Small
Disadvantaged Business Utilization
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Specific policies
1419.202–70 Acquisition screening and
Small Business Specialist
recommendations.
Subpart 1419.3—[Reserved]
1419.201
(OSDBU) is responsible for the
following;
(a) Developing and maintaining
policies, procedures, regulations, and
guidelines for the effective
administration of the Department’s
small business and disadvantaged
business programs;
(b) The appointment of Small
Business Specialists to ensure
compliance with all applicable law,
regulation, and policy; and
(c) The negotiation of annual small
business and subcontracting goals with
the Small Business Administration
(SBA). The purpose of these goals is to
increase participation of small business
and disadvantaged small businesses in
contract and subcontract opportunities.
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1419.503–70 Class set-aside for
construction acquisitions.
(a) Acquisitions for construction (as
defined in FAR 2.101) estimated to cost
$2 million or less must be set-aside on
a class basis for exclusive participation
by small business or disadvantaged
business concerns. This class set-aside
does not apply when:
(1) The acquisition is procured using
simplified acquisition procedures;
(2) A non-competitive acquisition has
been approved under the procedures of
FAR 6.3;
(3) Work is to be performed outside
the U.S.; or
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Fmt 4702
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17133
(4) The Bureau Procurement Chief
determines that adequate competition is
not likely to be obtained if the
acquisition is restricted to small
business concerns.
(b) [Reserved].
Subpart 1419.6—Certificates of
Competency and Determinations of
Responsibility
1419.602
Procedures.
1419.602–1
Referral.
The contracting officer must obtain
approval from the Chief of the
Contracting Office for all determinations
documenting a responsive small
business’ lack of responsibility prior to
submission to the appropriate SBA
office. A copy of the determination must
be sent to OSDBU within 5 working
days of the approval date of the
determination.
Subpart 1419.7—[Reserved]
Subpart 1419.8—Contracting with the
Small Business Administration (The
8(a) Program)
1419.803
[Reserved]
1419.810
SBA appeals.
Assistant Secretary of Policy
Management and Budget, without the
power of redelegation, is authorized to
issue the decision on an SBA appeal of
a Contracting Officer’s Section 8(a)
decision.
Subpart 1419.9—[Reserved]
Subpart 1419.10—[Reserved]
Susan Combs,
Senior Advisor to the Secretary, Exercising
the Authority of the Assistant Secretary for
Policy, Management and Budget.
[FR Doc. 2019–07814 Filed 4–23–19; 8:45 am]
BILLING CODE 4334–63–P
E:\FR\FM\24APP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17131-17133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07814]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Part 1419
[190D0102DM DS62500000 DLSN00000.000000 DX62501; DOI-2018-0018]
RIN 1090-AB22
Acquisition Regulation: Removal of Outdated References
AGENCY: Office of Small and Disadvantaged Business Utilization,
Interior.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of the Interior is issuing a proposed rule
amending the Department of the Interior Acquisition Regulation (DIAR)
to implement Section 15(k) of the Small Business Act and remove
outdated references and/or obsolete information.
DATES: Comments must be received on or before June 24, 2019.
ADDRESSES: You may submit comments on the rulemaking on Docket Number
DOI-2018-0018 through the Federal eRulemaking Portal at https://www.regulations.gov. Please use Regulation Identifier Number (RIN)
1090-AB22 in your message. Follow the instructions on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Bell, Procurement
Analyst, Office of Small and Disadvantaged Small Business, Department
of the Interior, 1849 C Street NW, Mail Stop 4262 MIB, Washington, DC
20240; telephone (202) 208-3458 or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule will revise the Department of the Interior
Acquisition Regulation (DIAR) in order to update references to other
Federal and Departmental directives, remove obsolete material and
remove obsolete references.
On November 24th, 2015, the DOI Office of Acquisition and Property
Management (PAM) issued a class deviation to DIAR 1419.2, to revise the
content in 1419.201 and 1419.202. This proposed rule intends to update
the DIAR with changes from the deviation and rescind the class
deviation.
The content of DIAR 1419.201 related to setting goals for small
business contracting, the role of the Office of Small and Disadvantaged
Business Utilization (OSDBU) and the appointment of Small Business
Specialists and was out of date and inconsistent with statutory
requirements and the Federal Acquisition Regulation (FAR). The
deviation ensured that DOI manages our small business goals in full
compliance with SBA's procedures and adhered to FAR requirements
regarding the role of the OSDBU and Small Business Specialists. This
proposed rule ensures that the role of the Director of the OSDBU is
consistent with the Small Business Act 15 U.S.C. 644(k).
The proposed rule simplifies DIAR 1419.202 to allow the OSDBU
Director responsibility for issuing policy on the use and content of
the Form DI-1886 ``Acquisition Screening and Review Form''.
The proposed rule further intends to remove the following from DIAR
1419:
Remove DIAR 1419.505, ``Rejecting Small Business Administration
recommendations.'' The Department has determined that the procedures in
FAR 19.505 are sufficient for documenting the rejection of Small
Business Administration's recommendation and that further supplemental
guidance in the DIAR is duplicative and redundant;
Remove DIAR 1419.506, ``Withdrawing or modifying small business
set-asides.'' The Department has determined that the procedures in FAR
19.506 are sufficient for withdrawing or modifying small business set-
asides and that further supplemental guidance in the DIAR is
duplicative and redundant;
Remove DIAR 1419.7, ``The Small Business Subcontracting Program'',
in its entirety. The DOI has determined that the procedures in FAR 19.7
are
[[Page 17132]]
sufficient for managing the DOI's small business subcontracting
program;
Remove DIAR 1419.803, Selecting acquisitions for the 8(a) program;
Remove DIAR 1419.9, ``Contracting Opportunities for Women-Owned
Small Businesses'', in its entirety. The Executive Order 12138
supporting the regulation has been superseded by the Women Owned Small
Business program established under 15 U.S.C 637(m);
Remove DIAR 1419.10, ``Small Business Competitiveness Demonstration
Program'', in its entirety. FAR 19.10 was established to meet the
requirements of the Business Opportunity Development Reform Act of 1988
(Pub. L. 100-656). Section 1335 of the Small Business Jobs Act of 2010
(Pub. L. 111-240) amended the Business Opportunity Development Reform
Act of 1988 and repealed the Small Business Competitiveness
Demonstration Program.
II. Required Determinations
1. Regulatory Planning and Review (Executive Orders 12866 and
13563). Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. OIRA has determined that this proposed rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive Order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public, where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
2. Regulatory Flexibility Act. The Secretary certifies that the
adoption of this proposed rule will not have a significant economic
impact on a substantial number of small entities as they are defined in
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Therefore, under
5 U.S.C. 605(b), this rulemaking is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
3. Small Business Regulatory Enforcement Fairness Act. This
proposed rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 804(2)). This proposed rule does not
have an annual effect on the economy of $100 million or more. This
proposed rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This proposed rule does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act. This proposed rule does not impose
an unfunded mandate on State, local, or tribal governments or the
private sector of more than $100 million per year. The rule does not
have a significant or unique effect on State, local, or tribal
governments, or the private sector nor does the rule impose
requirements on State, local, or tribal governments. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
5. Takings (E.O. 12630). This proposed rule does not affect a
taking of private property or otherwise have taking implications under
Executive Order 12630. A takings implication assessment is not
required.
6. Federalism (E.O. 13132). Under the criteria in section 1 of E.O.
13132, this proposed rule does not have sufficient Federalism
implications to warrant the preparation of a Federalism summary impact
statement. It would not substantially and directly affect the
relationship between the Federal and state governments. A Federalism
summary impact statement is not required.
7. Civil Justice Reform (E.O. 12988). This proposed rule complies
with the requirements of E.O. 12988. Specifically, this rule (1) meets
the criteria of section 3(a) of this E.O. requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and (2) meets the criteria of section
3(b)(2) of this E.O. requiring that all regulations be written in clear
language and contain clear legal standards.
8. Consultation with Indian tribes (E.O. 13175). The Department
strives to strengthen its government-to-government relationship with
Indian tribes through a commitment to consultation and recognition of
their right to self-governance and tribal sovereignty. We have
evaluated this rule under the Department's consultation policy and
under the criteria in E.O. 13175 and have determined that it has no
substantial direct effect on Federally recognized Indian tribes and
that consultation under the Department's tribal consultation policy is
not required. This rule does not apply to tribal awards made in
accordance with the Indian Self-Determination and Education Assistance
Act (Pub. L. 93-638, 88 Stat. 2204), as amended.
9. Paperwork Reduction Act, 44 U.S.C. 3501, et seq. This proposed
rule does not contain information collection requirements, and a
submission to the Office of Management and Budget under the Paperwork
Reduction Act (PRA) is not required.
10. National Environmental Policy Act. This proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. A detailed statement under the National
Environmental Policy Act of 1969 (NEPA) is not required because the
rule is covered by the categorical exclusion listed in 43 CFR
46.210(c). We have also determined that the rule does not involve any
of the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under NEPA.
11. Effects on the Energy Supply (E.O. 13211) This proposed rule is
not a significant energy action under the definition in E.O. 13211. A
Statement of Energy Effects is not required.
12. Clarity of this Regulation. We are required by Executive Orders
12866 (section 1(b)(12)), and 12988 (section 3(b)(1)(B)), and 13563
(section 1(a)), and the Presidential Memorandum of June 1, 1998, to
write all rules in plain language. This means that each rule we publish
must (1) be logically organized; (2) use the active voice to address
readers directly; (3) use common, everyday words and clear language
rather than jargon; (4) be divided into short sections and sentences;
and (5) use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the FOR FURTHER INFORMATION
CONTACT section. To better help us revise the rule, your comments
should be as specific as possible. For example, you should tell us the
number of section or paragraphs that you find unclear, which section or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
13. Public availability of comments. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your
[[Page 17133]]
personal identifying information--may be publically available at any
time. While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
List of Subjects in 48 CFR Part 1419
Government procurement, Small business.
For the reasons set out in the preamble, DOI proposes to revise 48
CFR, chapter 7, part 1419 to read as follows:
PART 1419--SMALL BUSINESS PROGRAMS
Subpart 1419.1--[Reserved]
Subpart 1419.2--Policies
Sec.
1419.201 General Policy.
1419.202 Specific policies.
Subpart 1419.3--[Reserved]
Subpart 1419.4--[Reserved]
Subpart 1419.5--Set-Asides for Small Business
1419.503 Setting aside a class of acquisitions.
1419.503-70 Class set-aside for construction acquisitions.
Subpart 1419.6--Certificates of Competency and Determinations of
Responsibility
1419.602 Procedures.
1419.602-1 Referral.
Subpart 1419.7--[Reserved]
Subpart 1419.8--Contracting with the Small Business Administration (The
8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Subpart 1419.9--[Reserved]
Subpart 1419.10--[Reserved]
Authority: Sec. 205(c); 63 Stat. 390; 40 U.S.C. 486(c); and 5
U.S.C. 301.
Subpart 1419.1--[Reserved]
Subpart 1419.2--Policies
1419.201 General Policy.
The Director of the Office of Small Disadvantaged Business
Utilization (OSDBU) is responsible for the following;
(a) Developing and maintaining policies, procedures, regulations,
and guidelines for the effective administration of the Department's
small business and disadvantaged business programs;
(b) The appointment of Small Business Specialists to ensure
compliance with all applicable law, regulation, and policy; and
(c) The negotiation of annual small business and subcontracting
goals with the Small Business Administration (SBA). The purpose of
these goals is to increase participation of small business and
disadvantaged small businesses in contract and subcontract
opportunities.
1419.202 Specific policies
1419.202-70 Acquisition screening and Small Business Specialist
recommendations.
The Director of the OSDBU is responsible for issuing policy for use
of the DI Form 1886 and determining the content of Form DI-1886
``Acquisition Screening and Review Form.''
Subpart 1419.3--[Reserved]
Subpart 1419.4--[Reserved]
Subpart 1419.5--Set-Asides for Small Business
1419.503 Setting aside a class of acquisitions.
1419.503-70 Class set-aside for construction acquisitions.
(a) Acquisitions for construction (as defined in FAR 2.101)
estimated to cost $2 million or less must be set-aside on a class basis
for exclusive participation by small business or disadvantaged business
concerns. This class set-aside does not apply when:
(1) The acquisition is procured using simplified acquisition
procedures;
(2) A non-competitive acquisition has been approved under the
procedures of FAR 6.3;
(3) Work is to be performed outside the U.S.; or
(4) The Bureau Procurement Chief determines that adequate
competition is not likely to be obtained if the acquisition is
restricted to small business concerns.
(b) [Reserved].
Subpart 1419.6--Certificates of Competency and Determinations of
Responsibility
1419.602 Procedures.
1419.602-1 Referral.
The contracting officer must obtain approval from the Chief of the
Contracting Office for all determinations documenting a responsive
small business' lack of responsibility prior to submission to the
appropriate SBA office. A copy of the determination must be sent to
OSDBU within 5 working days of the approval date of the determination.
Subpart 1419.7--[Reserved]
Subpart 1419.8--Contracting with the Small Business Administration
(The 8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Assistant Secretary of Policy Management and Budget, without the
power of redelegation, is authorized to issue the decision on an SBA
appeal of a Contracting Officer's Section 8(a) decision.
Subpart 1419.9--[Reserved]
Subpart 1419.10--[Reserved]
Susan Combs,
Senior Advisor to the Secretary, Exercising the Authority of the
Assistant Secretary for Policy, Management and Budget.
[FR Doc. 2019-07814 Filed 4-23-19; 8:45 am]
BILLING CODE 4334-63-P
