Revisions to the Acquisition Regulations, 45456-45459 [2019-18492]
Download as PDF
<![CDATA[
45456
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Proposed Rules
over an extended period of time. Miners
are also likely to remove respirators
when performing arduous tasks,
communicating, chewing tobacco, are
sick, hot or sweaty, or when the
respirator is uncomfortable, thereby
subjecting miners to respirable
crystalline silica concentrations above
the standard.
MSHA addressed the ‘‘hierarchy of
controls’’ in the 2000 (65 FR 42122) and
2003 (68 FR 10784) Plan Verification
proposed rules, and in the 2014 Dust
rule (79 FR 24814). Commenters to the
Dust rule noted that MSHA permits the
use of ‘‘hierarchy of controls’’ in MNM
mines to control miners’ exposure to
diesel particulate matter (79 FR 24930).
In the Plan Verification proposed rules,
and in the Dust rule, MSHA reiterated
that engineering or environmental
controls are the primary means to
control respirable dust in the mine
atmosphere, which is consistent with
sections 201(b) and 202(h) of Mine Act.
However, MSHA also recognizes the
importance of controlling miners’
exposure to quartz and seeks
information and data to determine if
existing engineering and environmental
controls can continuously protect
miners and ensure that they do not
suffer material impairment of health or
functional capacity over their working
lives from working in areas with high
levels of quartz.
khammond on DSKBBV9HB2PROD with PROPOSALS
II. Information Request
MSHA is interested in data and
information on economically and
technologically feasible best practices to
protect coal and MNM miners’ health
from exposure to quartz, including a
reduced standard, new or developing
protective technologies, and/or
technical and educational assistance.
MSHA specifically requests input
from industry, labor, and other
interested parties on best practices that
will improve health protections for coal
and MNM miners from exposure to
quartz dust.
1. Please provide any information on
new or developing technologies and
best practices that can be used to protect
miners from exposure to quartz dust.
2. Please provide any information on
how engineering controls,
administrative controls, and personal
protective equipment can be used,
either alone or concurrently, to protect
miners from exposure to quartz dust.
3. Please provide any information on
additional feasible dust-control methods
that could be used by mining operations
to reduce miners’ exposure to respirable
quartz during high-silica cutting
situations, such as on development
VerDate Sep<11>2014
15:50 Aug 28, 2019
Jkt 247001
sections, shaft and slope work, and
cutting overcasts.
4. Please provide any other
experience, data, or information that
may be useful to MSHA in evaluating
miners’ exposures to quartz.
Authority: 30 U.S.C. 811, 813(h), 957.
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety
and Health Administration.
[FR Doc. 2019–18478 Filed 8–28–19; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
48 CFR Part 2902
[DOL Docket No. DOL–2019–0002]
RIN 1291–AA42
Revisions to the Acquisition
Regulations
Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Labor
(Department) proposes to amend three
definitions in the Department of Labor
Acquisition Regulation (DOLAR) in
order to provide the Secretary of Labor
greater flexibility and a streamlined
procedure to delegate procurement
authority and appoint procurement
officials. Currently, the definitions
section of DOLAR delegates the
Secretary’s procurement authority to
certain specified Department officials.
The proposed changes would remove
some of those specific designations,
allowing the Secretary to delegate the
Secretary’s procurement authority and
assign roles and responsibilities related
to procurement through internal
guidance, without the need to revise the
DOLAR.
DATES: Comments to this proposal and
other information must be submitted
(transmitted, postmarked, or delivered)
by September 30, 2019. All submissions
must bear a postmark or provide other
evidence of the submission date.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 1291–AA42, by one of the
following methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
website instructions for submitting
comments.
Mail and hand delivery/courier:
Written comments, disk, and CD–ROM
submissions may be mailed to Herman
J. Narcho, U.S. Department of Labor,
Office of the Assistant Secretary for
SUMMARY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
Administration and Management, Office
of the Chief Procurement Officer, 200
Constitution Avenue NW, Room N–
2445, Washington, DC 20210.
Instructions: Label all submissions
with ‘‘RIN 1291–AA42.’’
Please submit your comments by only
one method. Please be advised that the
Department will post all comments
received that relate to this NPRM on
https://www.regulations.gov without
making any change to the comments or
redacting any information. The https://
www.regulations.gov website is the
Federal e-rulemaking portal, and all
comments posted there are available
and accessible to the public. Therefore,
the Department recommends that
commenters remove personal
information such as Social Security
Numbers, personal addresses, telephone
numbers, and email addresses included
in their comments, as such information
may become easily available to the
public via the https://
www.regulations.gov website. It is the
responsibility of the commenter to
safeguard personal information.
Also, please note that, due to security
concerns, postal mail delivery in
Washington, DC may be delayed.
Therefore, the Department encourages
the public to submit comments on
https://www.regulations.gov.
Docket: All comments on this
proposed rule will be available on the
https://www.regulations.gov website, and
can be found using RIN1291–AA42. The
Department also will make all the
comments it receives available for
public inspection by appointment
during normal business hours at the
address below (FOR FURTHER
INFORMATION CONTACT section). If you
need assistance to review the comments,
the Department will provide appropriate
aids, such as readers or print magnifiers.
The Department will make copies of this
proposed rule available, upon request,
in large print and via electronic file. To
schedule an appointment to review the
comments and/or obtain the proposed
rule in an alternative format, contact the
Office of the Assistant Secretary for
Administration and Management’s
Office of the Chief Procurement Officer
at (202) 693–7171 (this is not a toll-free
number). You may also contact this
office at the address listed below.
FOR FURTHER INFORMATION CONTACT:
Herman J. Narcho, U.S. Department of
Labor, Office of the Assistant Secretary
for Administration and Management,
Office of the Chief Procurement Officer,
200 Constitution Avenue NW, Room N–
2445, Washington, DC 20210; telephone
(202) 693–7171 (this is not a toll-free
number).
E:\FR\FM\29AUP1.SGM
29AUP1
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Proposed Rules
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
toll-free Federal Information Relay
Service at 1–877–889–5627.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with PROPOSALS
I. Background
As noted in the Federal Acquisition
Regulation (FAR), ‘‘[t]he Federal
Acquisition Regulations System is
established for the codification and
publication of uniform policies and
procedures for acquisition by all
executive agencies.’’ 48 CFR 1.101. In
addition, the FAR allows executive
agencies to publish regulations which
supplement the FAR. 48 CFR 1.301. The
DOLAR is the Department’s
supplementary regulation for the FAR.
The DOLAR was published on April
27, 2004, 69 FR 22991. The Department
is now proposing to amend three
DOLAR definitions found at 48 CFR
2902.101(b): Head of Agency, Head of
Contracting Activity, and Senior
Procurement Executive.
Presently, all three definitions
delegate the Secretary’s procurement
authority to specific Department
officials for various functions related to
their agencies. The intent of this
rulemaking is to remove those
delegations to allow the Secretary
greater flexibility in delegating
procurement authority through internal
processes and procedures. It is
anticipated that the revisions to the
three definitions will substantially
reduce the time necessary to delegate
procurement authority. As this
rulemaking only changes the process for
delegating procurement authority, DOL
does not believe that this rulemaking
will affect the rights or responsibilities
of the procurement community.
These revisions are consistent with
the Department’s overall goal of
updating and streamlining its
regulations. This proposed rule is
consistent with the President’s
Management Agenda Cross-Agency
Priority (CAP) Goal Number 5—Sharing
Quality Services. The Department is
implementing this CAP goal, in part, via
the Department’s Enterprise-Wide
Shared Services Initiatives whose
primary goals are as follows:
1. Improve human resources
efficiency, effectiveness, and
accountability;
2. Provide modern technology
solutions that empower the DOL
mission and serve the American public
through collaboration and innovation;
3. Maximize DOL’s federal buying
power through effective procurement
management; and
VerDate Sep<11>2014
15:50 Aug 28, 2019
Jkt 247001
4. Safeguard fiscal integrity, and
promote the effective and efficient use
of resources.
This proposal will assist the
Department’s implementation of its
Enterprise-Wide Shared Services
Initiative.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
II. Consideration of Comments
The Department requests comment on
all issues related to this proposed rule.
As discussed more fully below, this
proposed rule is the companion
document to a direct final rule (DFR)
published in the ‘‘Rules’’ section of this
issue of the Federal Register. If the
Department receives no significant
adverse comment on the proposal or
DFR, the Department will publish a
Federal Register document confirming
the effective date of the DFR and
withdrawing this companion NPRM.
Such confirmation may include minor
stylistic or technical changes to the
DFR. For the purpose of judicial review,
the Department views the date of
confirmation of the effective date of the
DFR as the date of promulgation. If,
however, the Department receives a
significant adverse comment on the DFR
or proposal, the Department will
publish a timely withdrawal of the DFR
and proceed with the proposed rule,
which addresses the same revisions to
the procedure for delegation of
procurement authority and the
appointment of procurement officials.
III. Direct Final Rulemaking
As noted above, in addition to
publishing this NPRM, the Department
is concurrently publishing a companion
DFR in the Federal Register. In direct
final rulemaking, an agency publishes a
DFR in the Federal Register, with a
statement that the rule will go into effect
unless the agency receives significant
adverse comment within a specified
period. The agency may publish an
identical concurrent NPRM. If the
agency receives no significant adverse
comment in response to the DFR, the
rule goes into effect. The Department
plans to confirm the effective date of a
DFR through a separate Federal Register
document. If the agency receives a
significant adverse comment, the agency
will withdraw the DFR and treats such
comment as a response to the NPRM.
An agency typically uses direct final
rulemaking when an agency anticipates
that a rule will not be controversial.
For purposes of the DFR, a significant
adverse comment is one that explains
why the amendments to the regulatory
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
45457
provisions identified below would be
inappropriate. In determining whether a
comment necessitates withdrawal of the
DFR, the Department will consider
whether the comment raises an issue
serious enough to warrant a substantive
response. The Department will not
consider a comment recommending an
additional amendment to this regulation
to be a significant adverse comment
unless the comment states why the DFR
would be ineffective without the
addition.
The comment period for this NPRM
runs concurrently with that of the DFR.
The Department will treat comments
received on the NPRM as comments also
regarding the companion DFR.
Similarly, the Department will consider
comments submitted to the companion
DFR as comment to the NPRM.
Therefore, if the Department receives a
significant adverse comment on either
the DFR or this NPRM, it will withdraw
the companion DFR and proceed with
the NPRM. In the event the Department
withdraws the DFR because of
significant adverse comment, the
Department will consider all timely
comments received in response to the
DFR when it continues with the NPRM.
After carefully considering all
comments to the DFR and the NPRM,
the Department will decide whether to
publish a new final rule.
The Department has determined that
the subject of this rulemaking is suitable
for direct final rulemaking. This
proposed amendment is procedural in
nature and does not impact the process
by which offerors respond to
solicitations, the substance of their
responses, or the criteria upon which
the solicitation will be evaluated.
Finally, the revisions do not impose any
new costs or burdens. For these reasons,
the Department does not anticipate
objections from the public to this
rulemaking action.
IV. Discussion of Proposed Changes
The Department amends three
DOLAR definitions found at 48 CFR
2902.101(b): Head of Agency, Head of
Contracting Activity, and Senior
Procurement Executive. Presently, all
three definitions delegate the Secretary’s
procurement authority to specific
Department officials for various
functions related to their agencies.
Specifically, the Head of Agency is
defined as the Assistant Secretary for
Administration and Management except
the Secretary of Labor is the Head of
Agency for acquisition actions, which
by the terms of a statute or delegation
must be performed specifically by the
Secretary of Labor; and the Inspector
General is Head of Agency in all cases
E:\FR\FM\29AUP1.SGM
29AUP1
khammond on DSKBBV9HB2PROD with PROPOSALS
45458
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Proposed Rules
for the Office of the Inspector General.
Further, the definition delegates
authority to act as the Head of Agency
to the Assistant Secretary for
Employment and Training and the
Assistant Secretary for Mine Safety and
Health for their respective agencies.
Finally, for purposes of the Economy
Act (determinations and interagency
agreements under the Federal
Acquisition Regulation, 48 CFR chapter
1 subpart 17.5—Interagency
Acquisitions) only, the Employee
Benefits Security Administration,
Employment Standards Administration,
Women’s Bureau, Office of the Solicitor,
Bureau of Labor Statistics, Office of
Disability Employment Policy, and the
Occupational Safety and Health
Administration are delegated
contracting authority.
For purposes of the FAR and DOLAR,
the proposed revision would define the
Head of Agency as the Secretary of
Labor or his/her designee except that
the Secretary of Labor is the Head of
Agency for acquisition actions, which
by the terms of a statute or delegation
must be performed specifically by the
Secretary of Labor. In addition, in all
cases for the Office of the Inspector
General, the Inspector General would be
the Head of Agency.
Head of Contracting Activity (HCA) is
currently defined as the official who has
overall responsibility for managing the
contracting activity, when the
contracting activity has more than one
person with a warrant issued by the
Senior Procurement Executive. The
definition identifies the following
positions as HCA for their respective
organizations: The Director,
Administration and Management for the
Mine Safety and Health Administration;
the Director, Office of Grants and
Contract Management for the
Employment and Training
Administration; the Director, Division of
Finance and Administration [since
renamed the Director of Procurement
and Administrative Services] for the
Office of the Inspector General; the
Director, Division of Administrative
Services for the Bureau of Labor
Statistics; and the Director, Business
Operations Center for the Office of the
Assistant Secretary for Administration
and Management and all other agencies
not listed in this definition. The
proposed revision would remove the
identification of these specific offices as
HCAs, leaving the definition of HCA as
the official who has overall
responsibility for managing the
contracting activity, when the
contracting activity has more than one
person with a warrant issued by the
Senior Procurement Executive.
VerDate Sep<11>2014
15:50 Aug 28, 2019
Jkt 247001
Finally, the Senior Procurement
Executive is defined as the Deputy
Assistant Secretary for Administration
and Management as defined at 48 CFR
2.101. The proposed revision would
define Senior Procurement Executive as
the Deputy Assistant Secretary for
Administration and Management or his/
her designee.
With the exception of the delegation
to the Inspector General to be the Head
of Agency for Office of Inspector
General procurement matters, the intent
of this rulemaking is to remove those
delegations to allow the Secretary
greater flexibility in delegating
procurement authority through internal
processes and procedures, which in turn
will aid in the implementation of the
Department’s Enterprise-Wide Shared
Services Initiative described above.
V. Rulemaking Analyses and Notices
Executive Orders 12866 (Regulatory
Planning and Review), 13563
(Improving Regulation and Regulatory
Review), and 13771 (Reducing
Regulation and Controlling Regulatory
Costs)
Executive Order 12866 requires that
regulatory agencies assess both the costs
and benefits of significant regulatory
actions. Under the Executive Order, a
‘‘significant regulatory action’’ is one
meeting any of a number of specified
conditions, including the following:
Having an annual effect on the economy
of $100 million or more; creating a
serious inconsistency or interfering with
an action of another agency; materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues. The Department has
determined that this proposed
rulemaking is not a ‘‘significant’’
regulatory action and a cost-benefit and
economic analysis is not required. This
regulation merely makes an
administrative change to the manner in
which procurement authority is
delegated within the Department. This
rule is not an Executive Order 13771
regulatory action because this rule is not
significant under Executive Order
12866.
Executive Order 13563 directs
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). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
promoting flexibility to minimize
burden.
This rule makes only a procedural
change to amend three definitions in the
DOLAR in order to provide the
Secretary of Labor greater flexibility and
a streamlined procedure for the
delegation of procurement authority and
the appointment of procurement
officials; thus this rule is not expected
to have any regulatory impacts.
Regulatory Flexibility Act/Small
Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA),
at 5 U.S.C. 603(a), requires agencies to
prepare and make available for public
comment an initial regulatory flexibility
analysis, which describes the impact of
the proposed Rule on small entities.
Section 605 of the RFA allows an
agency to certify a Rule, in lieu of
preparing an analysis, if the proposed
rulemaking is not expected to have a
significant economic impact on a
substantial number of small entities.
This proposed rule does not affect small
entities as defined in the RFA.
Therefore, the proposed rule will not
have a significant economic impact on
a substantial number of these small
entities. Therefore, the Department
certifies that the proposed rule will not
have a significant economic impacts on
a substantial number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
Department consider the impact of
paperwork and other information
collection burdens imposed on the
public. The Department has determined
that this rule does not alter any
information collection burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires
Federal agencies to consult with State
entities when a regulation or policy may
have a substantial direct effect on the
States, the relationship between the
National Government and the States, or
the distribution of power and
responsibilities among the various
levels of government, within the
meaning of the E.O. Section 3(b) of the
E.O. further provides that Federal
agencies must implement regulations
that have a substantial direct effect only
if statutory authority permits the
regulation and it is of national
significance.
This proposed rule does not have a
substantial direct effect on the States,
the relationship between the National
Government and the States, or the
distribution of power and
E:\FR\FM\29AUP1.SGM
29AUP1
Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Proposed Rules
responsibilities among the various
levels of Government, within the
meaning of the E.O. This proposed rule
merely makes an administrative change
for internal Departmental operations.
Unfunded Mandates Reform Act of 1995
This regulatory action has been
reviewed in accordance with the
Unfunded Mandates Reform Act of 1995
(the Reform Act). Under the Reform Act,
a Federal agency must determine
whether a regulation proposes a Federal
mandate that would result in the
increased expenditures by State, local,
or tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any single year. This
proposed rule merely makes an
administrative change to the manner in
which procurement authority is
delegated within the Department. The
requirements of Title II of the Act,
therefore, do not apply, and the
Department has not prepared a
statement under the Act.
Executive Order 13175 (Indian Tribal
Governments)
The Department has reviewed the
NPRM under the terms of E.O. 13175
and DOL’s Tribal Consultation Policy,
and have concluded that the changes to
regulatory text which are the focus of
the NPRM would not have tribal
implications, as these changes do not
have substantial direct effects on one or
more Indian tribes, the relationship
between the Federal government and
Indian tribes, nor the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Therefore, no consultations with tribal
governments, officials, or other tribal
institutions were necessary.
Bryan Slater,
Assistant Secretary for Administration and
Management, Labor.
[FR Doc. 2019–18492 Filed 8–28–19; 8:45 am]
BILLING CODE 4510–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 190823–0017]
List of Subjects in 48 CFR Part 2902
RIN 0648–BI96
Government procurement.
For the reasons stated in the
preamble, the Department proposes to
amend 48 CFR part 2902 as follows:
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 18
PART 2902—DEFINITIONS OF WORDS
AND TERMS
1. The authority citation for part 292
continues to read as follows:
■
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
khammond on DSKBBV9HB2PROD with PROPOSALS
Head of Agency (also called agency
head), for the FAR and DOLAR only,
means the Secretary of Labor or his/her
designee except that the Secretary of
Labor is the Head of Agency for
acquisition actions, which by the terms
of a statute or delegation must be
performed specifically by the Secretary
of Labor; the Inspector General is the
Head of Agency in all cases for the
Office of the Inspector General.
Head of Contracting Activity (HCA)
means the official who has overall
responsibility for managing the
contracting activity, when the
contracting activity has more than one
person with a warrant issued by the
Senior Procurement Executive or, in the
case of the Office of the Inspector
General, issued by the Inspector General
or his/her designee. Each Head of
Agency may designate HCA(s) as
appropriate to be responsible for
managing contracting activities within
his or her respective Agency.
Senior Procurement Executive means
the Deputy Assistant Secretary for
Administration and Management or his/
her designee.
2. In section 2902.101, amend
paragraph (b) by revising the definitions
of ‘‘Head of Agency’’, ‘‘Head of
Contracting Activity’’, and ‘‘Senior
Procurement Executive’’ to read as
follows:
■
2902.101
*
Definitions.
*
*
(b) * * *
VerDate Sep<11>2014
*
*
15:50 Aug 28, 2019
Jkt 247001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 18 to the
Fishery Management Plan (FMP) for the
Shrimp Fishery of the Gulf of Mexico,
U.S. Waters (Amendment 18), as
prepared and submitted by the Gulf of
Mexico (Gulf) Fishery Management
Council (Council). This proposed rule
would modify the target reduction goal
for juvenile red snapper mortality in the
SUMMARY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
45459
Federal Gulf penaeid shrimp trawl
fishery, and would modify the FMP
framework procedures. The purposes of
Amendment 18 are to promote
economic stability, to achieve optimum
yield in the Federal Gulf shrimp fishery
by reducing effort constraints, and to
equitably distribute the benefits from
red snapper rebuilding, while
continuing to protect, the Gulf red
snapper stock.
DATES: Written comments must be
received on or before September 30,
2019.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2019–0045,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190045, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Frank Helies, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 18,
which includes a fishery impact
statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-18-modifying-shrimp-effortthreshold.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: Frank.Helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared
by the Council and implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
E:\FR\FM\29AUP1.SGM
29AUP1
]]>Agencies
[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Proposed Rules]
[Pages 45456-45459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18492]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
48 CFR Part 2902
[DOL Docket No. DOL-2019-0002]
RIN 1291-AA42
Revisions to the Acquisition Regulations
AGENCY: Office of the Assistant Secretary for Administration and
Management, Department of Labor.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department) proposes to amend three
definitions in the Department of Labor Acquisition Regulation (DOLAR)
in order to provide the Secretary of Labor greater flexibility and a
streamlined procedure to delegate procurement authority and appoint
procurement officials. Currently, the definitions section of DOLAR
delegates the Secretary's procurement authority to certain specified
Department officials. The proposed changes would remove some of those
specific designations, allowing the Secretary to delegate the
Secretary's procurement authority and assign roles and responsibilities
related to procurement through internal guidance, without the need to
revise the DOLAR.
DATES: Comments to this proposal and other information must be
submitted (transmitted, postmarked, or delivered) by September 30,
2019. All submissions must bear a postmark or provide other evidence of
the submission date.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1291-AA42, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
website instructions for submitting comments.
Mail and hand delivery/courier: Written comments, disk, and CD-ROM
submissions may be mailed to Herman J. Narcho, U.S. Department of
Labor, Office of the Assistant Secretary for Administration and
Management, Office of the Chief Procurement Officer, 200 Constitution
Avenue NW, Room N-2445, Washington, DC 20210.
Instructions: Label all submissions with ``RIN 1291-AA42.''
Please submit your comments by only one method. Please be advised
that the Department will post all comments received that relate to this
NPRM on https://www.regulations.gov without making any change to the
comments or redacting any information. The https://www.regulations.gov
website is the Federal e-rulemaking portal, and all comments posted
there are available and accessible to the public. Therefore, the
Department recommends that commenters remove personal information such
as Social Security Numbers, personal addresses, telephone numbers, and
email addresses included in their comments, as such information may
become easily available to the public via the https://www.regulations.gov website. It is the responsibility of the commenter
to safeguard personal information.
Also, please note that, due to security concerns, postal mail
delivery in Washington, DC may be delayed. Therefore, the Department
encourages the public to submit comments on https://www.regulations.gov.
Docket: All comments on this proposed rule will be available on the
https://www.regulations.gov website, and can be found using RIN1291-
AA42. The Department also will make all the comments it receives
available for public inspection by appointment during normal business
hours at the address below (For Further Information Contact section).
If you need assistance to review the comments, the Department will
provide appropriate aids, such as readers or print magnifiers. The
Department will make copies of this proposed rule available, upon
request, in large print and via electronic file. To schedule an
appointment to review the comments and/or obtain the proposed rule in
an alternative format, contact the Office of the Assistant Secretary
for Administration and Management's Office of the Chief Procurement
Officer at (202) 693-7171 (this is not a toll-free number). You may
also contact this office at the address listed below.
FOR FURTHER INFORMATION CONTACT: Herman J. Narcho, U.S. Department of
Labor, Office of the Assistant Secretary for Administration and
Management, Office of the Chief Procurement Officer, 200 Constitution
Avenue NW, Room N-2445, Washington, DC 20210; telephone (202) 693-7171
(this is not a toll-free number).
[[Page 45457]]
Individuals with hearing or speech impairments may access the
telephone number above via TTY by calling the toll-free Federal
Information Relay Service at 1-877-889-5627.
SUPPLEMENTARY INFORMATION:
I. Background
As noted in the Federal Acquisition Regulation (FAR), ``[t]he
Federal Acquisition Regulations System is established for the
codification and publication of uniform policies and procedures for
acquisition by all executive agencies.'' 48 CFR 1.101. In addition, the
FAR allows executive agencies to publish regulations which supplement
the FAR. 48 CFR 1.301. The DOLAR is the Department's supplementary
regulation for the FAR.
The DOLAR was published on April 27, 2004, 69 FR 22991. The
Department is now proposing to amend three DOLAR definitions found at
48 CFR 2902.101(b): Head of Agency, Head of Contracting Activity, and
Senior Procurement Executive.
Presently, all three definitions delegate the Secretary's
procurement authority to specific Department officials for various
functions related to their agencies. The intent of this rulemaking is
to remove those delegations to allow the Secretary greater flexibility
in delegating procurement authority through internal processes and
procedures. It is anticipated that the revisions to the three
definitions will substantially reduce the time necessary to delegate
procurement authority. As this rulemaking only changes the process for
delegating procurement authority, DOL does not believe that this
rulemaking will affect the rights or responsibilities of the
procurement community.
These revisions are consistent with the Department's overall goal
of updating and streamlining its regulations. This proposed rule is
consistent with the President's Management Agenda Cross-Agency Priority
(CAP) Goal Number 5--Sharing Quality Services. The Department is
implementing this CAP goal, in part, via the Department's Enterprise-
Wide Shared Services Initiatives whose primary goals are as follows:
1. Improve human resources efficiency, effectiveness, and
accountability;
2. Provide modern technology solutions that empower the DOL mission
and serve the American public through collaboration and innovation;
3. Maximize DOL's federal buying power through effective
procurement management; and
4. Safeguard fiscal integrity, and promote the effective and
efficient use of resources.
This proposal will assist the Department's implementation of its
Enterprise-Wide Shared Services Initiative.
This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under Executive Order 12866.
II. Consideration of Comments
The Department requests comment on all issues related to this
proposed rule. As discussed more fully below, this proposed rule is the
companion document to a direct final rule (DFR) published in the
``Rules'' section of this issue of the Federal Register. If the
Department receives no significant adverse comment on the proposal or
DFR, the Department will publish a Federal Register document confirming
the effective date of the DFR and withdrawing this companion NPRM. Such
confirmation may include minor stylistic or technical changes to the
DFR. For the purpose of judicial review, the Department views the date
of confirmation of the effective date of the DFR as the date of
promulgation. If, however, the Department receives a significant
adverse comment on the DFR or proposal, the Department will publish a
timely withdrawal of the DFR and proceed with the proposed rule, which
addresses the same revisions to the procedure for delegation of
procurement authority and the appointment of procurement officials.
III. Direct Final Rulemaking
As noted above, in addition to publishing this NPRM, the Department
is concurrently publishing a companion DFR in the Federal Register. In
direct final rulemaking, an agency publishes a DFR in the Federal
Register, with a statement that the rule will go into effect unless the
agency receives significant adverse comment within a specified period.
The agency may publish an identical concurrent NPRM. If the agency
receives no significant adverse comment in response to the DFR, the
rule goes into effect. The Department plans to confirm the effective
date of a DFR through a separate Federal Register document. If the
agency receives a significant adverse comment, the agency will withdraw
the DFR and treats such comment as a response to the NPRM. An agency
typically uses direct final rulemaking when an agency anticipates that
a rule will not be controversial.
For purposes of the DFR, a significant adverse comment is one that
explains why the amendments to the regulatory provisions identified
below would be inappropriate. In determining whether a comment
necessitates withdrawal of the DFR, the Department will consider
whether the comment raises an issue serious enough to warrant a
substantive response. The Department will not consider a comment
recommending an additional amendment to this regulation to be a
significant adverse comment unless the comment states why the DFR would
be ineffective without the addition.
The comment period for this NPRM runs concurrently with that of the
DFR. The Department will treat comments received on the NPRM as
comments also regarding the companion DFR. Similarly, the Department
will consider comments submitted to the companion DFR as comment to the
NPRM. Therefore, if the Department receives a significant adverse
comment on either the DFR or this NPRM, it will withdraw the companion
DFR and proceed with the NPRM. In the event the Department withdraws
the DFR because of significant adverse comment, the Department will
consider all timely comments received in response to the DFR when it
continues with the NPRM. After carefully considering all comments to
the DFR and the NPRM, the Department will decide whether to publish a
new final rule.
The Department has determined that the subject of this rulemaking
is suitable for direct final rulemaking. This proposed amendment is
procedural in nature and does not impact the process by which offerors
respond to solicitations, the substance of their responses, or the
criteria upon which the solicitation will be evaluated. Finally, the
revisions do not impose any new costs or burdens. For these reasons,
the Department does not anticipate objections from the public to this
rulemaking action.
IV. Discussion of Proposed Changes
The Department amends three DOLAR definitions found at 48 CFR
2902.101(b): Head of Agency, Head of Contracting Activity, and Senior
Procurement Executive. Presently, all three definitions delegate the
Secretary's procurement authority to specific Department officials for
various functions related to their agencies. Specifically, the Head of
Agency is defined as the Assistant Secretary for Administration and
Management except the Secretary of Labor is the Head of Agency for
acquisition actions, which by the terms of a statute or delegation must
be performed specifically by the Secretary of Labor; and the Inspector
General is Head of Agency in all cases
[[Page 45458]]
for the Office of the Inspector General. Further, the definition
delegates authority to act as the Head of Agency to the Assistant
Secretary for Employment and Training and the Assistant Secretary for
Mine Safety and Health for their respective agencies. Finally, for
purposes of the Economy Act (determinations and interagency agreements
under the Federal Acquisition Regulation, 48 CFR chapter 1 subpart
17.5--Interagency Acquisitions) only, the Employee Benefits Security
Administration, Employment Standards Administration, Women's Bureau,
Office of the Solicitor, Bureau of Labor Statistics, Office of
Disability Employment Policy, and the Occupational Safety and Health
Administration are delegated contracting authority.
For purposes of the FAR and DOLAR, the proposed revision would
define the Head of Agency as the Secretary of Labor or his/her designee
except that the Secretary of Labor is the Head of Agency for
acquisition actions, which by the terms of a statute or delegation must
be performed specifically by the Secretary of Labor. In addition, in
all cases for the Office of the Inspector General, the Inspector
General would be the Head of Agency.
Head of Contracting Activity (HCA) is currently defined as the
official who has overall responsibility for managing the contracting
activity, when the contracting activity has more than one person with a
warrant issued by the Senior Procurement Executive. The definition
identifies the following positions as HCA for their respective
organizations: The Director, Administration and Management for the Mine
Safety and Health Administration; the Director, Office of Grants and
Contract Management for the Employment and Training Administration; the
Director, Division of Finance and Administration [since renamed the
Director of Procurement and Administrative Services] for the Office of
the Inspector General; the Director, Division of Administrative
Services for the Bureau of Labor Statistics; and the Director, Business
Operations Center for the Office of the Assistant Secretary for
Administration and Management and all other agencies not listed in this
definition. The proposed revision would remove the identification of
these specific offices as HCAs, leaving the definition of HCA as the
official who has overall responsibility for managing the contracting
activity, when the contracting activity has more than one person with a
warrant issued by the Senior Procurement Executive.
Finally, the Senior Procurement Executive is defined as the Deputy
Assistant Secretary for Administration and Management as defined at 48
CFR 2.101. The proposed revision would define Senior Procurement
Executive as the Deputy Assistant Secretary for Administration and
Management or his/her designee.
With the exception of the delegation to the Inspector General to be
the Head of Agency for Office of Inspector General procurement matters,
the intent of this rulemaking is to remove those delegations to allow
the Secretary greater flexibility in delegating procurement authority
through internal processes and procedures, which in turn will aid in
the implementation of the Department's Enterprise-Wide Shared Services
Initiative described above.
V. Rulemaking Analyses and Notices
Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review), and 13771 (Reducing
Regulation and Controlling Regulatory Costs)
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of significant regulatory actions. Under the
Executive Order, a ``significant regulatory action'' is one meeting any
of a number of specified conditions, including the following: Having an
annual effect on the economy of $100 million or more; creating a
serious inconsistency or interfering with an action of another agency;
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues. The
Department has determined that this proposed rulemaking is not a
``significant'' regulatory action and a cost-benefit and economic
analysis is not required. This regulation merely makes an
administrative change to the manner in which procurement authority is
delegated within the Department. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
Executive Order 13563 directs 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). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility to
minimize burden.
This rule makes only a procedural change to amend three definitions
in the DOLAR in order to provide the Secretary of Labor greater
flexibility and a streamlined procedure for the delegation of
procurement authority and the appointment of procurement officials;
thus this rule is not expected to have any regulatory impacts.
Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA), at 5 U.S.C. 603(a), requires
agencies to prepare and make available for public comment an initial
regulatory flexibility analysis, which describes the impact of the
proposed Rule on small entities. Section 605 of the RFA allows an
agency to certify a Rule, in lieu of preparing an analysis, if the
proposed rulemaking is not expected to have a significant economic
impact on a substantial number of small entities. This proposed rule
does not affect small entities as defined in the RFA. Therefore, the
proposed rule will not have a significant economic impact on a
substantial number of these small entities. Therefore, the Department
certifies that the proposed rule will not have a significant economic
impacts on a substantial number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the Department consider the impact of paperwork and other
information collection burdens imposed on the public. The Department
has determined that this rule does not alter any information collection
burdens.
Executive Order 13132 (Federalism)
Section 6 of E.O. 13132 requires Federal agencies to consult with
State entities when a regulation or policy may have a substantial
direct effect on the States, the relationship between the National
Government and the States, or the distribution of power and
responsibilities among the various levels of government, within the
meaning of the E.O. Section 3(b) of the E.O. further provides that
Federal agencies must implement regulations that have a substantial
direct effect only if statutory authority permits the regulation and it
is of national significance.
This proposed rule does not have a substantial direct effect on the
States, the relationship between the National Government and the
States, or the distribution of power and
[[Page 45459]]
responsibilities among the various levels of Government, within the
meaning of the E.O. This proposed rule merely makes an administrative
change for internal Departmental operations.
Unfunded Mandates Reform Act of 1995
This regulatory action has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (the Reform Act). Under the Reform
Act, a Federal agency must determine whether a regulation proposes a
Federal mandate that would result in the increased expenditures by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any single year. This
proposed rule merely makes an administrative change to the manner in
which procurement authority is delegated within the Department. The
requirements of Title II of the Act, therefore, do not apply, and the
Department has not prepared a statement under the Act.
Executive Order 13175 (Indian Tribal Governments)
The Department has reviewed the NPRM under the terms of E.O. 13175
and DOL's Tribal Consultation Policy, and have concluded that the
changes to regulatory text which are the focus of the NPRM would not
have tribal implications, as these changes do not have substantial
direct effects on one or more Indian tribes, the relationship between
the Federal government and Indian tribes, nor the distribution of power
and responsibilities between the Federal government and Indian tribes.
Therefore, no consultations with tribal governments, officials, or
other tribal institutions were necessary.
List of Subjects in 48 CFR Part 2902
Government procurement.
For the reasons stated in the preamble, the Department proposes to
amend 48 CFR part 2902 as follows:
PART 2902--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for part 292 continues to read as follows:
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
0
2. In section 2902.101, amend paragraph (b) by revising the definitions
of ``Head of Agency'', ``Head of Contracting Activity'', and ``Senior
Procurement Executive'' to read as follows:
2902.101 Definitions.
* * * * *
(b) * * *
Head of Agency (also called agency head), for the FAR and DOLAR
only, means the Secretary of Labor or his/her designee except that the
Secretary of Labor is the Head of Agency for acquisition actions, which
by the terms of a statute or delegation must be performed specifically
by the Secretary of Labor; the Inspector General is the Head of Agency
in all cases for the Office of the Inspector General.
Head of Contracting Activity (HCA) means the official who has
overall responsibility for managing the contracting activity, when the
contracting activity has more than one person with a warrant issued by
the Senior Procurement Executive or, in the case of the Office of the
Inspector General, issued by the Inspector General or his/her designee.
Each Head of Agency may designate HCA(s) as appropriate to be
responsible for managing contracting activities within his or her
respective Agency.
Senior Procurement Executive means the Deputy Assistant Secretary
for Administration and Management or his/her designee.
Bryan Slater,
Assistant Secretary for Administration and Management, Labor.
[FR Doc. 2019-18492 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-04-P
