Defense Federal Acquisition Regulation Supplement: Definition of “Micro-Purchase Threshold” (DFARS Case 2018-D056), 53680-53681 [2020-18634]
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53680
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
B. Summary of Errors in the Regulations
Text
On page 47207 of the FY 2016 final
rule, we made technical errors in the
regulations text of § 418.312. In this
section, we inadvertently omitted
language on our extension and
exemption requirements policy.
Accordingly, we are adding § 418.312(i)
to accurately reflect our policy on
extension and exemption requirements
for the hospice quality reporting
program (HQRP).
C. Summary and Corrections of Errors
in the Addenda on the CMS Website
We inadvertently omitted language on
our extension and exemption
requirements policy. Accordingly, we
are adding § 418.312(i) to accurately
reflect our policy on extension and
exemption requirements for the HQRP.
khammond on DSKJM1Z7X2PROD with RULES
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary of the
Department of Health and Human
Services (Secretary) finds, for good
cause, that the notice and comment
process is impracticable, unnecessary,
or contrary to the public interest, and
incorporates a statement of the finding
and the reasons therefore in the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
Our policy on HQRP Submission
Extension and Exemption Requirements
at § 418.312 in the FY 2016 final rule
has previously been subjected to notice
and comment procedures. These
corrections are consistent with the
discussion of this policy in the FY 2016
final rule and do not make substantive
changes to this policy as referenced at
80 FR 47193, ‘‘in order to be considered,
a request for an exemption or extension
must contain all of the finalized
requirements as outlined on our website
at https://wayback.archive-it.org/2744/
20150127181435/http:/www.cms.gov/
Medicare/Quality-Initiatives-Patient-
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16:03 Aug 28, 2020
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Assessment-Instruments/HospiceQuality-Reporting/.’’
This correcting amendment merely
corrects technical errors in the
regulations text of the FY 2016 final
rule. As a result, this correcting
amendment is intended to ensure that
the FY 2016 final rule accurately reflects
the policy adopted in the final rule.
Therefore, we find that undertaking
further notice and comment procedures
to incorporate these corrections into the
final rule is unnecessary and contrary to
the public interest.
For the same reasons, we are also
waiving the 30-day delay in effective
date for this correcting amendment. We
believe that it is in the public interest
to ensure that the FY 2016 final rule
accurately states our policy on HQRP
Submission Extension and Exemption
Requirements at § 418.312. Thus
delaying the effective date of these
corrections would be contrary to the
public interest. Therefore, we also find
good cause to waive the 30-day delay in
effective date.
List of Subjects in 42 CFR Part 418
Health facilities, Hospice care,
Medicare, Reporting and recordkeeping
requirements.
Accordingly, 42 CFR chapter IV is
corrected by making the following
correcting amendments:
PART 418—HOSPICE CARE
1. The authority citation for part 418
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395hh.
2. Section 418.312 is amended by
adding paragraph (i) to read as follows:
■
(iv) CEO or CEO-designated personnel
contact information including name,
title, telephone number, email address,
and mailing address (the address must
be a physical address, not a post office
box).
(v) Hospice’s reason for requesting the
exemption or extension.
(vi) Evidence of the impact of
extraordinary circumstances beyond the
hospice’s control, including, but not
limited to photographs, newspaper,
other media articles, or independent
sources attesting to the incident that can
be reasonably corroborated. Include
dates of occurrence and other
documentation that may support the
rationale for seeking extension or
exemption.
(vii) Date when the hospice believes
it will be able to again submit data
under paragraph (b) of this section and
a justification for the proposed date.
(3) CMS may grant exemptions or
extensions to hospices without a request
if it determines that one or more of the
following has occurred:
(i) An extraordinary circumstance,
such as an act of nature including a
pandemic, affects an entire region or
locale.
(ii) A systemic problem with one of
CMS’ data collection systems directly
affect the ability of a hospice to submit
data under paragraph (b) of this section.
Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2020–18905 Filed 8–28–20; 8:45 am]
BILLING CODE 4120–01–P
§ 418.312 Data submission requirements
under the hospice quality reporting
program.
DEPARTMENT OF DEFENSE
*
Defense Acquisition Regulations
System
*
*
*
*
(i) Exemptions and extensions
requirements. (1) A hospice may request
and CMS may grant exemptions or
extensions to the reporting requirements
under paragraph (b) of this section for
one or more quarters, when there are
certain extraordinary circumstances
beyond the control of the hospice.
(2) A hospice requesting an
exemption or extension must do so
within 90 days of the date that the
extraordinary circumstances occurred
by sending an email to CMS Hospice
QRP Reconsiderations at
HospiceQRPReconsiderations@
cms.hhs.gov that contains all of the
following information:
(i) Hospice CMS Certification Number
(CCN).
(ii) Hospice Business Name.
(iii) Hospice Business Address.
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48 CFR Part 202
[Docket DARS–2019–0068]
RIN 0750–AK17
Defense Federal Acquisition
Regulation Supplement: Definition of
‘‘Micro-Purchase Threshold’’ (DFARS
Case 2018–D056)
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 to
implement a section of the National
Defense Authorization Act for Fiscal
SUMMARY:
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
Year 2019 that increases the micropurchase threshold for DoD from $5,000
to $10,000 and repeals a section in the
United States Code.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Ziegler, telephone 571–372–
6095.
khammond on DSKJM1Z7X2PROD with RULES
SUPPLEMENTARY INFORMATION:
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because DoD is not issuing a
new regulation; rather, this rule merely
removes an obsolete definition from the
DFARS.
I. Background
DoD is amending the DFARS to
remove the definition of ‘‘micropurchase threshold’’ at DFARS 202.101.
Section 821 of the National Defense
Authorization Act for Fiscal Year 2019
amends 10 U.S.C. 2338 by increasing
the micro-purchase threshold for DoD
from $5,000 to $10,000 and repealing 10
U.S.C. 2339. An exception to the $5,000
micro-purchase threshold is provided at
10 U.S.C. 2339 for basic research and
activities of DoD science and technology
reinvention laboratories with a micropurchase threshold of $10,000 for those
activities. The DFARS definition at
202.101, which includes a micropurchase threshold of $5,000 for DoD
with the exception of $10,000 for basic
research and activities of DoD science
and technology reinvention laboratories,
is now obsolete. The Federal
Acquisition Regulation (FAR) definition
of micro-purchase threshold now
applies to DoD, so the outdated DFARS
coverage is being removed.
IV. Executive Orders 12866 and 13563
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes the obsolete
DFARS ‘‘micro-purchase threshold’’
definition at 202.101. Therefore, the rule
does not impose any new requirements
on contracts at or below the simplified
acquisition threshold and for
commercial items, including
commercially available off-the-shelf
items.
V. Executive Order 13771
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure or form (including
an amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
Executive Order (E.O.) 12866,
Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and
Regulatory Review, direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs (OIRA), has
determined that this is not a significant
regulatory action as defined under
section 3(f) of E.O. 12866 and, therefore,
was not subject to review under section
6(b). This rule is not a major rule as
defined at 5 U.S.C. 804(2).
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section III. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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53681
List of Subjects in 48 CFR Part 202
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 202 is
amended as follows:
PART 202—DEFINITIONS OF WORDS
AND TERMS
1. The authority citation for 48 CFR
part 202 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
202.101
[Amended]
2. Amend section 202.101 by
removing the definition of ‘‘Micropurchase threshold’’.
■
[FR Doc. 2020–18634 Filed 8–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216 and 252
[Docket DARS–2020–0028]
RIN 0750–AL10
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Clause ‘‘Ordering’’ (DFARS
Case 2020–D024)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove a clause that is no
longer necessary.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DFARS clause 252.216–7006,
Ordering, is included in DoD
solicitations and contracts when an
indefinite-delivery/definite-quantity,
requirements, or indefinite-delivery/
indefinite-quantity contract type is
contemplated. The clause notifies
contractors of the ordering period for
the contract, that orders are subject to
the terms and conditions of the contract,
and that an order is considered issued
by the Government if sent via fax, U.S.
mail, or electronic commerce. The
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31AUR1
Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53680-53681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18634]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202
[Docket DARS-2019-0068]
RIN 0750-AK17
Defense Federal Acquisition Regulation Supplement: Definition of
``Micro-Purchase Threshold'' (DFARS Case 2018-D056)
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 to implement a section of the
National Defense Authorization Act for Fiscal
[[Page 53681]]
Year 2019 that increases the micro-purchase threshold for DoD from
$5,000 to $10,000 and repeals a section in the United States Code.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, telephone 571-
372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove the definition of ``micro-
purchase threshold'' at DFARS 202.101. Section 821 of the National
Defense Authorization Act for Fiscal Year 2019 amends 10 U.S.C. 2338 by
increasing the micro-purchase threshold for DoD from $5,000 to $10,000
and repealing 10 U.S.C. 2339. An exception to the $5,000 micro-purchase
threshold is provided at 10 U.S.C. 2339 for basic research and
activities of DoD science and technology reinvention laboratories with
a micro-purchase threshold of $10,000 for those activities. The DFARS
definition at 202.101, which includes a micro-purchase threshold of
$5,000 for DoD with the exception of $10,000 for basic research and
activities of DoD science and technology reinvention laboratories, is
now obsolete. The Federal Acquisition Regulation (FAR) definition of
micro-purchase threshold now applies to DoD, so the outdated DFARS
coverage is being removed.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only removes the obsolete DFARS ``micro-purchase
threshold'' definition at 202.101. Therefore, the rule does not impose
any new requirements on contracts at or below the simplified
acquisition threshold and for commercial items, including commercially
available off-the-shelf items.
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is the
Office of Federal Procurement Policy statute (codified at title 41 of
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires
that a procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because DoD is not issuing a new regulation; rather, this rule merely
removes an obsolete definition from the DFARS.
IV. Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and Regulatory Review, direct agencies
to assess all costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Management and Budget, Office of Information
and Regulatory Affairs (OIRA), has determined that this is not a
significant regulatory action as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to review under section 6(b).
This rule is not a major rule as defined at 5 U.S.C. 804(2).
V. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 202
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 202 is amended as follows:
PART 202--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for 48 CFR part 202 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
202.101 [Amended]
0
2. Amend section 202.101 by removing the definition of ``Micro-purchase
threshold''.
[FR Doc. 2020-18634 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P