Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles” (DFARS Case 2018-D047), 65311-65312 [2019-25656]
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
VIII. Paperwork Reduction Act
DEPARTMENT OF DEFENSE
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Parts 225 and
237
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 237
are amended as follows:
1. The authority citation for 48 CFR
parts 225 and 237 continues to read as
follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
225.7003–4
[Removed and Reserved]
2. Remove and reserve section
225.7003–4.
■
PART 237—SERVICE CONTRACTING
3. Amend section 237.102–70 by—
■ a. Removing paragraph (c);
■ b. Redesignating paragraph (d) as
paragraph (c);
■ c. Revising newly redesignated
paragraph (c)(1) introductory text; and
■ d. In newly redesignated paragraph
(c)(2), removing ‘‘PGI 237.102–70(d)’’
and ‘‘(d)(1)(iv) of this subsection’’ and
adding ‘‘PGI 237.102–70(c)’’ and
‘‘(c)(1)(iv) of this section’’ it their place,
respectively.
The revision reads as follows:
■
237.102–70 Prohibition on contracting for
firefighting or security-guard functions.
*
*
*
*
*
(c)(1) Under section 332 of Public Law
107–314, as amended by section 333 of
Public Law 109–364 and section 343 of
Public Law 110–181, this prohibition
does not apply to any contract that is
entered into for any increased
performance of security-guard functions
at a military installation or facility
undertaken in response to the terrorist
attacks on the United States on
September 11, 2001, if—
*
*
*
*
*
[FR Doc. 2019–25659 Filed 11–26–19; 8:45 am]
BILLING CODE 5001–06–P
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
48 CFR Parts 228 and 252
[Docket DARS–2019–0030]
RIN 0750–AK12
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Accident Reporting
and Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles’’
(DFARS Case 2018–D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to modify the text of an
existing clause prescription to require,
instead of permit, the clause be
included in applicable solicitations and
contracts, pursuant to action taken by
the Regulatory Reform Task Force.
DATES: Effective November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 84 FR 30986 on June
28, 2019, to modify the clause
prescription at DFARS 228.370 to
require that DFARS clause 252.228–
7005, Accident Reporting and
Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles, be
included in all solicitations and
contracts, when applicable. The rule
also updates the text of the clause to
follow current DFARS convention
regarding the use of the word ‘‘shall’’ to
indicate a mandatory requirement or
action. One respondent provided a
public comment on the proposed rule.
II. Discussion and Analysis
A discussion of the comment received
and the change made to the rule as a
result of the comment is provided as
follows:
Comment: The respondent suggested
replacing the word ‘‘accident’’ with
‘‘mishap’’ throughout the clause to align
with the terminology used in DoD
Instruction 6055.07, ‘‘Mishap
Notification, Investigation, Reporting,
and Recordkeeping.’’
Response: As the use of the term
‘‘mishap’’ has become more prevalent
throughout DoD in lieu of ‘‘accident’’
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
65311
since the creation of the clause, and the
clause is closely associated with the
guidance in DoDI 6055.07, the clause
title and text is updated to include the
word ‘‘mishap’’ instead of ‘‘accident’’ in
the final rule.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not create any new
provisions or clauses, nor does it change
the applicability of the affected clause to
contracts at or below the simplified
acquisition threshold or to the
acquisition of commercial items,
including those for commercially
available off-the-shelf items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
E.O. 13563 direct agencies to assess all
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Executive Order 13771
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to amend the clause
prescription at DFARS 228.370 to
require that DFARS clause 252.228–
7005, Accident Reporting and
Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles, be
included in all solicitations and
contracts involving the manufacture,
modification, overhaul, or repair of
these items; update the text of the clause
to follow current DFARS convention
regarding the use of the word ‘‘shall’’ to
E:\FR\FM\27NOR1.SGM
27NOR1
65312
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
indicate a mandatory requirement or
action; and update the clause title by
removing ‘‘Accident’’ and replacing it
with ‘‘Mishap’’.
The objective of this rule is to ensure
contractor cooperation: In the early
reporting of accidents that involve an
aircraft, missile, or space launch vehicle
being manufactured, modified, repaired,
or overhauled by the contractor in
connection with the contract; and, with
the Government investigation of such
accidents. The modification of this
DFARS clause supports a
recommendation from the DoD
Regulatory Reform Task Force. No
public comments were received in
response to the initial regulatory
flexibility analysis.
This rule requires, instead of permits,
the inclusion of the clause in all
applicable contracts, and updates the
text of the clause to clarify its intent. It
is presumed that the clause is already
being included in all applicable
contracts. The rule simply clarifies the
Government’s expectation on the usage
of the clause.
Based on fiscal year 2018 data from
the Federal Procurement Data System
(FPDS), the Government awarded
approximately 960 noncommercial
contracts and orders for services under
the following product service codes:
• AC16—R&D—Defense System:
Aircraft (Management/Support);
• AC26—Defense System: Missile/
Space Systems (Management/Support);
• AR96—R&D—Space: Other
(Management/Support);
• J014—Repair, and Rebuilding of
Equipment—Guided Missiles;
• J015—Maintenance, Repair, and
Rebuilding of Equipment—Aircraft and
Airframe Structural Components;
• J018—Maintenance, Repair, and
Rebuilding of Equipment—Space
Vehicles;
• K014—Modification of
Equipment—Guided Missiles;
• K015—Modification of
Equipment—Aircraft and Airframe
Structural Components; and,
• K018—Modification of
Equipment—Space Vehicles.
Of the 960 contracts and orders
awarded, approximately 16% of the
awards were made to 54 unique small
businesses entities. FPDS does not
provide additional information on the
types of support services provided
under the contract, which can include
manufacture, modification, overhaul, or
repair work; therefore, the number of
small business contractors impacted by
this rule is expected to be less than the
number of entities identified by the
data.
VerDate Sep<11>2014
17:24 Nov 26, 2019
Jkt 250001
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses. This rule does not duplicate,
overlap, or conflict with any other
Federal rules. There are no known
significant alternative approaches to the
rule that would meet the stated
objectives.
■
VII. Paperwork Reduction Act
National Oceanic and Atmospheric
Administration
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 228 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 228 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 228 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 228—BONDS AND INSURANCE
2. Amend section 228.370 by revising
paragraph (d) to read as follows:
■
228.370
Additional clauses.
*
*
*
*
*
(d) Use the clause at 252.228–7005,
Mishap Reporting and Investigation
Involving Aircraft, Missiles, and Space
Launch Vehicles, in solicitations and
contracts that involve the manufacture,
modification, overhaul, or repair of
aircraft, missiles, and space launch
vehicles.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.228–7005
[Amended]
3. Amend section 252.228–7005 by—
a. In the section heading and the
clause title, removing ‘‘Accident’’ and
adding ‘‘Mishap’’ in both places;
■ b. Removing the clause date ‘‘(DEC
1991)’’ and adding ‘‘(NOV 2019)’’ in its
place;
■ c. In paragraph (a), removing
‘‘accident’’ and adding ‘‘mishap’’ in its
place; and
■ d. In paragraph (b), removing
‘‘accident’’ and ‘‘will’’ and adding
‘‘mishap’’ and ‘‘shall’’ in their place,
respectively; and
■
■
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
e. In paragraph (c), removing ‘‘will’’
and ‘‘accident’’ and adding ‘‘shall’’ and
‘‘mishap’’ in their place, respectively.
[FR Doc. 2019–25656 Filed 11–26–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
50 CFR Part 660
[Docket No. 181218999–9402–02]
RIN 0648–XW015
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2019
Tribal Fishery Allocations for Pacific
Whiting; Reapportionment Between
Tribal and Non-Tribal Sectors
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason reapportionment of
tribal Pacific whiting allocation.
AGENCY:
This document announces the
reapportionment of 40,000 metric tons
of Pacific whiting from the tribal
allocation to the non-tribal commercial
fishery sectors via automatic action on
September 13, 2019. This
reapportionment is to allow full
utilization of the Pacific whiting
resource.
SUMMARY:
The reapportionment of Pacific
whiting was applicable from 12 p.m.
local time, September 13, 2019, through
December 31, 2019. Comments will be
accepted through December 12, 2019.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2019–0001
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190001. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Barry A. Thom, Regional
Administrator, West Coast Region,
NMFS, 1201 NE Lloyd Center Blvd.
Suite #1100, Portland, OR 97232, Attn:
Stacey Miller.
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.
All personal identifying information
DATES:
E:\FR\FM\27NOR1.SGM
27NOR1
]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Rules and Regulations]
[Pages 65311-65312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25656]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 228 and 252
[Docket DARS-2019-0030]
RIN 0750-AK12
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Accident Reporting and Investigation Involving
Aircraft, Missiles, and Space Launch Vehicles'' (DFARS Case 2018-D047)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to modify the text of an
existing clause prescription to require, instead of permit, the clause
be included in applicable solicitations and contracts, pursuant to
action taken by the Regulatory Reform Task Force.
DATES: Effective November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 84 FR
30986 on June 28, 2019, to modify the clause prescription at DFARS
228.370 to require that DFARS clause 252.228-7005, Accident Reporting
and Investigation Involving Aircraft, Missiles, and Space Launch
Vehicles, be included in all solicitations and contracts, when
applicable. The rule also updates the text of the clause to follow
current DFARS convention regarding the use of the word ``shall'' to
indicate a mandatory requirement or action. One respondent provided a
public comment on the proposed rule.
II. Discussion and Analysis
A discussion of the comment received and the change made to the
rule as a result of the comment is provided as follows:
Comment: The respondent suggested replacing the word ``accident''
with ``mishap'' throughout the clause to align with the terminology
used in DoD Instruction 6055.07, ``Mishap Notification, Investigation,
Reporting, and Recordkeeping.''
Response: As the use of the term ``mishap'' has become more
prevalent throughout DoD in lieu of ``accident'' since the creation of
the clause, and the clause is closely associated with the guidance in
DoDI 6055.07, the clause title and text is updated to include the word
``mishap'' instead of ``accident'' in the final rule.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not create any new provisions or clauses, nor does
it change the applicability of the affected clause to contracts at or
below the simplified acquisition threshold or to the acquisition of
commercial items, including those for commercially available off-the-
shelf items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and E.O. 13563 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is not a significant regulatory action and,
therefore, was not subject to review under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to amend the clause
prescription at DFARS 228.370 to require that DFARS clause 252.228-
7005, Accident Reporting and Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles, be included in all solicitations
and contracts involving the manufacture, modification, overhaul, or
repair of these items; update the text of the clause to follow current
DFARS convention regarding the use of the word ``shall'' to
[[Page 65312]]
indicate a mandatory requirement or action; and update the clause title
by removing ``Accident'' and replacing it with ``Mishap''.
The objective of this rule is to ensure contractor cooperation: In
the early reporting of accidents that involve an aircraft, missile, or
space launch vehicle being manufactured, modified, repaired, or
overhauled by the contractor in connection with the contract; and, with
the Government investigation of such accidents. The modification of
this DFARS clause supports a recommendation from the DoD Regulatory
Reform Task Force. No public comments were received in response to the
initial regulatory flexibility analysis.
This rule requires, instead of permits, the inclusion of the clause
in all applicable contracts, and updates the text of the clause to
clarify its intent. It is presumed that the clause is already being
included in all applicable contracts. The rule simply clarifies the
Government's expectation on the usage of the clause.
Based on fiscal year 2018 data from the Federal Procurement Data
System (FPDS), the Government awarded approximately 960 noncommercial
contracts and orders for services under the following product service
codes:
AC16--R&D--Defense System: Aircraft (Management/Support);
AC26--Defense System: Missile/Space Systems (Management/
Support);
AR96--R&D--Space: Other (Management/Support);
J014--Repair, and Rebuilding of Equipment--Guided
Missiles;
J015--Maintenance, Repair, and Rebuilding of Equipment--
Aircraft and Airframe Structural Components;
J018--Maintenance, Repair, and Rebuilding of Equipment--
Space Vehicles;
K014--Modification of Equipment--Guided Missiles;
K015--Modification of Equipment--Aircraft and Airframe
Structural Components; and,
K018--Modification of Equipment--Space Vehicles.
Of the 960 contracts and orders awarded, approximately 16% of the
awards were made to 54 unique small businesses entities. FPDS does not
provide additional information on the types of support services
provided under the contract, which can include manufacture,
modification, overhaul, or repair work; therefore, the number of small
business contractors impacted by this rule is expected to be less than
the number of entities identified by the data.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses. This rule does not
duplicate, overlap, or conflict with any other Federal rules. There are
no known significant alternative approaches to the rule that would meet
the stated objectives.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 228 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 228 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 228 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 228--BONDS AND INSURANCE
0
2. Amend section 228.370 by revising paragraph (d) to read as follows:
228.370 Additional clauses.
* * * * *
(d) Use the clause at 252.228-7005, Mishap Reporting and
Investigation Involving Aircraft, Missiles, and Space Launch Vehicles,
in solicitations and contracts that involve the manufacture,
modification, overhaul, or repair of aircraft, missiles, and space
launch vehicles.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.228-7005 [Amended]
0
3. Amend section 252.228-7005 by--
0
a. In the section heading and the clause title, removing ``Accident''
and adding ``Mishap'' in both places;
0
b. Removing the clause date ``(DEC 1991)'' and adding ``(NOV 2019)'' in
its place;
0
c. In paragraph (a), removing ``accident'' and adding ``mishap'' in its
place; and
0
d. In paragraph (b), removing ``accident'' and ``will'' and adding
``mishap'' and ``shall'' in their place, respectively; and
0
e. In paragraph (c), removing ``will'' and ``accident'' and adding
``shall'' and ``mishap'' in their place, respectively.
[FR Doc. 2019-25656 Filed 11-26-19; 8:45 am]
BILLING CODE 5001-06-P
