Revisions to the Acquisition Regulations, 45434-45437 [2019-18493]
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
adverse comment is submitted
(transmitted, postmarked, or delivered)
Parts per
by September 30, 2019. If DOL receives
Commodity
million
significant adverse comment, the
Agency will publish a timely
withdrawal in the Federal Register
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Kohlrabi .......................................
12 informing the public that this DFR will
not take effect (see Section III, Direct
Leaf petiole vegetable subgroup
22B ..........................................
35 Final Rulemaking,’’ for more details on
Leafy greens subgroup 4–16A ...
35 this process). Comments to this DFR and
other information must be submitted
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(transmitted, postmarked, or delivered)
Nut, tree, group 14–12 ...............
0.05 by September 30, 2019. All submissions
must bear a postmark or provide other
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evidence of the submission date.
Tropical and subtropical, small
ADDRESSES
: You may submit comments,
fruit, edible peel, subgroup
23A ..........................................
5 identified by Regulatory Information
Tropical and subtropical, small
Number (RIN) 1291–AA42, by one of the
fruit, inedible peel, subgroup
following methods:
24A ..........................................
0.3
Federal e-Rulemaking Portal: https://
Vegetable, Brassica, head and
www.regulations.gov. Follow the
stem, group 5–16 ....................
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website instructions for submitting
comments.
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Mail and Hand Delivery/Courier:
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Written comments, disk, and CD–ROM
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submissions may be mailed to Herman
3 This tolerance expires on March 2, 2020.
J. Narcho, U.S. Department of Labor,
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Office of the Assistant Secretary for
[FR Doc. 2019–18365 Filed 8–28–19; 8:45 am]
Administration and Management, Office
BILLING CODE 6560–50–P
of the Chief Procurement Officer, 200
Constitution Avenue NW, Room N–
2445, Washington, DC 20210.
DEPARTMENT OF LABOR
Instructions: Label all submissions
with ‘‘RIN 1291–AA42.’’
48 CFR Part 2902
Please submit your comments by only
one method. Please be advised that the
[DOL Docket No. DOL–2019–0003]
Department will post all comments
RIN 1291–AA42
received that relate to this DFR on
https://www.regulations.gov without
Revisions to the Acquisition
making any change to the comments or
Regulations
redacting any information. The https://
AGENCY: Office of the Assistant
www.regulations.gov website is the
Secretary for Administration and
Federal e-rulemaking portal, and all
Management, Department of Labor.
comments posted there are available
and accessible to the public. Therefore,
ACTION: Direct final rule; request for
the Department recommends that
comment.
commenters remove personal
SUMMARY: In this direct final rule (DFR),
information such as Social Security
the Department of Labor (Department) is Numbers, personal addresses, telephone
amending three definitions in the
numbers, and email addresses included
Department of Labor Acquisition
in their comments, as such information
Regulation (DOLAR) in order to provide may become easily available to the
the Secretary of Labor greater flexibility public via the https://
and a streamlined procedure to delegate www.regulations.gov website. It is the
procurement authority and appoint
responsibility of the commenter to
procurement officials. Currently, the
safeguard personal information.
definitions section of DOLAR delegates
Also, please note that, due to security
the Secretary’s procurement authority to concerns, postal mail delivery in
certain specified Department officials.
Washington, DC may be delayed.
The changes would remove some of
Therefore, the Department encourages
those specific designations, allowing the the public to submit comments on
Secretary to delegate the Secretary’s
https://www.regulations.gov.
procurement authority and assign roles
Docket: All comments on this DFR
and responsibilities related to
will be available on the https://
procurement through internal guidance, www.regulations.gov website, and can
without the need to revise the DOLAR.
be found using RIN1291–AA42. The
DATES: This DFR will become effective
Department also will make all the
on October 28, 2019 unless significant
comments it receives available for
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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
DFR available, upon request, in large
print and via electronic file. To
schedule an appointment to review the
comments and/or obtain the DFR 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).
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 amending 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
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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 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, 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 rule 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.
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II. Consideration of Comments
The Department will consider
comment on issues related to this
action. If the Department receives no
significant adverse comment, the
Department will publish a Federal
Register document confirming the
effective date of the DFR and
withdrawing this companion Notice of
Proposed Rulemaking (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.
III. Direct Final Rulemaking
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
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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 this 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.
In addition to publishing this DFR,
the Department is publishing a NPRM in
the Federal Register. The comment
period for the NPRM runs concurrently
with that of the DFR. The Department
will treat comments received on the
companion NPRM as comments also
regarding the DFR. Similarly, the
Department will consider comments
submitted to the DFR as comment to the
companion NPRM. Therefore, if the
Department receives a significant
adverse comment on either the DFR or
this NPRM, it will withdraw this DFR
and proceed with the companion
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
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 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
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45435
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 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 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 revision defines 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 is 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 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
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Federal Register / Vol. 84, No. 168 / Thursday, August 29, 2019 / Rules and Regulations
other agencies not listed in this
definition. The revision removes 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 revision defines 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
rulemaking removes 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.
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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 DFR is not a
‘‘significant’’ regulatory action and a
cost-benefit and economic analysis is
not required. This regulatory action
merely makes a procedural change to
the process for delegating procurement
authority. 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
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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 DFR 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.
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 DFR 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
responsibilities among the various
levels of Government, within the
meaning of the E.O. This DFR merely
makes an administrative change for
internal Departmental operations.
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 DFR 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.
Therefore, the Department certifies that
the proposed rule will not have a
significant economic impacts on a
substantial number of small entities.
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
regulatory action merely makes a
procedural change to the process for
delegating procurement authority. The
requirements of Title II of the Act,
therefore, do not apply, and the
Department has not prepared a
statement under the Act.
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 DFR 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
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Unfunded Mandates Reform Act of 1995
Executive Order 13175 (Indian Tribal
Governments)
The Department has reviewed the
DFR 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 DFR 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 amends 48
CFR part 2902 as follows:
PART 2902—DEFINITIONS OF WORDS
AND TERMS
1. The authority citation for part 2902
continues to read as follows:
■
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
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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.
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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. 2019–18493 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. 121004515–3608–02]
RIN 0648–XS009
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Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2019
Commercial Accountability Measure
and Closure for South Atlantic Red
Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for commercial
SUMMARY:
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red snapper in the exclusive economic
zone (EEZ) of the South Atlantic. NMFS
projects commercial landings for red
snapper will reach the commercial
annual catch limit (ACL) for the 2019
fishing year. Therefore, NMFS is closing
the commercial sector for red snapper in
the South Atlantic EEZ on August 30,
2019. This closure is necessary to
protect the red snapper resource.
DATES: This rule is effective 12:01 a.m.,
local time, August 30, 2019, through
December 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
frank.helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes red snapper and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial ACL for red snapper
in the South Atlantic is 124,815 lb
(56,615 kg), round weight, as specified
in 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is
required to close the commercial sector
for red snapper when the commercial
ACL specified is reached, or is projected
to be reached, by filing a notification to
that effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL for South Atlantic red
snapper will be reached by August 30,
2019. Accordingly, the commercial
sector for South Atlantic red snapper is
closed effective 12:01 a.m., local time,
August 30, 2019. For the 2020 fishing
year, unless otherwise specified, the
commercial season will begin on the
second Monday in July (50 CFR
622.183(b)(5)(i)).
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having red
snapper onboard must have landed and
bartered, traded, or sold such red
snapper prior to 12:01 a.m., local time,
August 30, 2019. Because the
recreational harvest sector closed on
July 21, 2019 (84 FR 7827), after the
commercial closure on August 30, 2019,
all harvest and possession of red
snapper in the South Atlantic EEZ is
prohibited.
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited. This
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45437
prohibition on the harvest, possession,
sale or purchase apply in the South
Atlantic on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, without regard to where such
species were harvested or possessed,
i.e., in state or Federal waters (50 CFR
622.193(y)(1) and 622.181(c)(2)).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of red snapper and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(y)(1) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
NOAA Assistant Administrator for
Fisheries (AA), finds that the need to
immediately implement this action to
close the commercial sector for red
snapper constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing Amendment 43 to the
FMP, which established the commercial
season and ACLs for red snapper, and
the accountability measures has already
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Such procedures
are contrary to the public interest
because of the need to immediately
implement this action to protect red
snapper since the capacity of the fishing
fleet allows for rapid harvest of the
commercial ACL. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest well in excess of the
established commercial ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
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]]>Agencies
[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45434-45437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18493]
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DEPARTMENT OF LABOR
48 CFR Part 2902
[DOL Docket No. DOL-2019-0003]
RIN 1291-AA42
Revisions to the Acquisition Regulations
AGENCY: Office of the Assistant Secretary for Administration and
Management, Department of Labor.
ACTION: Direct final rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: In this direct final rule (DFR), the Department of Labor
(Department) is amending 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 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: This DFR will become effective on October 28, 2019 unless
significant adverse comment is submitted (transmitted, postmarked, or
delivered) by September 30, 2019. If DOL receives significant adverse
comment, the Agency will publish a timely withdrawal in the Federal
Register informing the public that this DFR will not take effect (see
Section III, Direct Final Rulemaking,'' for more details on this
process). Comments to this DFR 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
DFR 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 DFR 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 DFR available, upon request, in large print
and via electronic file. To schedule an appointment to review the
comments and/or obtain the DFR 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).
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 amending 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
[[Page 45435]]
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 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, 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 rule 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 will consider comment on issues related to this
action. If the Department receives no significant adverse comment, the
Department will publish a Federal Register document confirming the
effective date of the DFR and withdrawing this companion Notice of
Proposed Rulemaking (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.
III. Direct Final Rulemaking
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 this 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.
In addition to publishing this DFR, the Department is publishing a
NPRM in the Federal Register. The comment period for the NPRM runs
concurrently with that of the DFR. The Department will treat comments
received on the companion NPRM as comments also regarding the DFR.
Similarly, the Department will consider comments submitted to the DFR
as comment to the companion NPRM. Therefore, if the Department receives
a significant adverse comment on either the DFR or this NPRM, it will
withdraw this DFR and proceed with the companion 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 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 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 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 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 revision defines 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 is 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 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
[[Page 45436]]
other agencies not listed in this definition. The revision removes 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 revision defines 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 rulemaking removes 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 DFR is not a ``significant''
regulatory action and a cost-benefit and economic analysis is not
required. This regulatory action merely makes a procedural change to
the process for delegating procurement authority. 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 DFR 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 DFR 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. 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 DFR 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 DFR 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 responsibilities among the various levels of
Government, within the meaning of the E.O. This DFR 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
regulatory action merely makes a procedural change to the process for
delegating procurement authority. 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 DFR 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 DFR 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 amends 48
CFR part 2902 as follows:
PART 2902--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for part 2902 continues to read as follows:
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
[[Page 45437]]
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.
* * * * *
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. 2019-18493 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-04-P
