Defense Federal Acquisition Regulation Supplement; Technical Amendments, 37793-37794 [2023-12021]
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
final action as they relate to hospitals
receiving Medicare DSH payments. It is
not clear what to compare an estimate
of DSH payments under our final policy.
Therefore, consistent with the proposed
rule, this table provides our estimate of
the change in Medicare DSH payments
to hospitals as a result of the policy
37793
finalized in this action based on a range
of potential expenditures. All
expenditures are classified as transfers
to Medicare providers.
TABLE 1—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED MEDICARE DSH EXPENDITURES PRIOR TO FY 2014
Category
Transfers
Annualized Monetized Transfers ....
From Whom to Whom ....................
$0–$0.6 billion.
Federal Government to Hospitals Receiving Medicare DSH Payments.
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F. Regulatory Flexibility Act (RFA)
The RFA requires agencies to analyze
options for regulatory relief of small
entities, if a rule has a significant impact
on a substantial number of small
entities. For purposes of the RFA, small
entities include small businesses,
nonprofit organizations, and small
governmental jurisdictions. We estimate
that most hospitals and most other
providers and suppliers are small
entities as that term is used in the RFA.
The great majority of hospitals and most
other health care providers and
suppliers are small entities, either
because they are nonprofit organizations
or because they meet the Small Business
Administration (SBA) definition of a
small business (having revenues of less
than $8.0 million to $41.5 million in
any 1 year). (For details on the latest
standards for health care providers, we
refer readers to page 38 of the Table of
Small Business Size Standards for NAIC
622 found on the SBA website at
https://www.sba.gov/sites/default/files/
files/Size_Standards_Table.pdf.)
For purposes of the RFA, all hospitals
and other providers and suppliers are
considered to be small entities. We are
not preparing an analysis for the RFA
because we have determined, and the
Secretary certifies, that with the
adoption of this policy there will not be
any additional costs or benefits relative
to Medicare DSH payments that have
already been made. Therefore, this final
action will not have a significant
economic impact on a substantial
number of small entities.
In addition, section 1102(b) of the Act
requires us to prepare an RIA if a rule
may have a significant impact on the
operations of a substantial number of
small rural hospitals. This analysis must
conform to the provisions of section 604
of the RFA. For purposes of section
1102(b) of the Act, we define a small
rural hospital as a hospital that is
located outside of a Metropolitan
Statistical Area and has fewer than 100
beds. We are not preparing an analysis
for section 1102(b) of the Act because
we have determined, and the Secretary
certifies, that with the adoption of this
VerDate Sep<11>2014
16:03 Jun 08, 2023
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policy there will not be any additional
costs or benefits for small rural hospitals
relative to Medicare DSH payments that
have already been made to these
hospitals. Therefore, this final action
would not have a significant impact on
the operations of a substantial number
of small rural hospitals.
DEPARTMENT OF DEFENSE
G. Unfunded Mandates Reform Act
(UMRA)
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
rule whose mandates require spending
in any 1 year of $100 million in 1995
dollars, updated annually for inflation.
In 2022, that threshold is approximately
$165 million. This final action will have
no unfunded mandate effect on state,
local, or tribal governments or on the
private sector.
Defense Acquisition Regulations
System
48 CFR Parts 209, 217, and 224
[Docket DARS–2023–0001]
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
Final rule; technical
amendment.
ACTION:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) in order to make
needed editorial changes.
SUMMARY:
DATES:
H. Federalism
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on state and local
governments, preempts state law, or
otherwise has Federalism implications.
Since this action does not impose any
costs on state or local governments, the
requirements of Executive Order 13132
are not applicable.
I. Executive Order 12866
In accordance with the provisions of
Executive Order 12866, this final action
was reviewed by the Office of
Management and Budget.
Chiquita Brooks-LaSure,
Administrator of the Centers for
Medicare & Medicaid Services,
approved this document on May 23,
2023.
Effective June 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
This final
rule amends the DFARS to make needed
editorial changes as follows:
• At 48 CFR part 209, updated the
debarring and suspending official for
the Defense Health Agency and
reformatted the list at DFARS 209.403.
• At 48 CFR part 217, corrected a
typographical error in the heading at
subpart 217.1.
• At DFARS 224.103(b)(2), updated
cross-references. Federal Acquisition
Regulation 24.103(b)(2) requires
agencies to make available regulations
implementing the Privacy Act of 1974.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 209,
217, and 224
Government procurement.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2023–12308 Filed 6–7–23; 4:15 pm]
Therefore, 48 CFR parts 209, 217, and
224 are amended as follows:
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Rules and Regulations
224.103
PART 209—CONTRACTOR
QUALIFICATIONS
1. The authority citation for part 209
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 209.403 in the
definition of ‘‘Debarring and suspending
official’’ by revising paragraph (1) to
read as follows:
■
209.403
[FR Doc. 2023–12021 Filed 6–8–23; 8:45 am]
3. The authority citation for part 217
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
4. Revise the heading for subpart
217.1 to read as follows:
■
Subpart 217.1—Multiyear Contracting
PART 224—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
5. The authority citation for part 224
is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
6. Revise section 224.103 to read as
follows:
■
16:03 Jun 08, 2023
FOR FURTHER INFORMATION CONTACT:
Kimberly Bass, telephone 703–717–
3446.
I. Background
PART 217—SPECIAL CONTRACTING
METHODS
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personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting.
SUPPLEMENTARY INFORMATION:
BILLING CODE 5001–06–P
Definitions.
Debarring and suspending official. (1)
For DoD, the designees are—
(i) Army—Director, Soldier & Family
Legal Services.
(ii) Navy/Marine Corps—The
Assistant General Counsel (Acquisition
Integrity).
(iii) Air Force—Deputy General
Counsel (Contractor Responsibility).
(iv) Defense Advanced Research
Projects Agency—The Director.
(v) Defense Health Agency—The
Principal Deputy General Counsel.
(vi) Defense Information Systems
Agency—The General Counsel.
(vii) Defense Intelligence Agency—
The Senior Procurement Executive.
(viii) Defense Logistics Agency—The
Special Assistant for Contracting
Integrity.
(ix) Defense Threat Reduction
Agency—The Director.
(x) Missile Defense Agency—The
General Counsel.
(xi) National Geospatial-Intelligence
Agency—The General Counsel.
(xii) National Security Agency—The
Senior Acquisition Executive.
(xiii) United States Cyber Command—
The Staff Judge Advocate.
(xiv) Overseas installations—as
designated by the agency head.
*
*
*
*
*
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Procedures.
(b)(2) DoD rules and regulations are
contained in DoDI 5400.11, DoD Privacy
and Civil Liberties Programs; DoD
5400.11–R, Department of Defense
Privacy Program; and DoDM 5400.11,
DoD Privacy and Civil Liberties
Programs: Breach Preparedness and
Response Plan.
Jkt 259001
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
[Docket DARS–2023–0022]
RIN 0750–AL88
Defense Federal Acquisition
Regulation Supplement: Prohibition on
Certain Procurements From the
Xinjiang Uyghur Autonomous Region
(DFARS Case 2023–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act for
Fiscal Year 2023 that prohibits the use
of funds to knowingly procure any
products mined, produced, or
manufactured wholly or in part by
forced labor from the Xinjiang Uyghur
Autonomous Region.
DATES: Effective June 9, 2023.
Comment due date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before August 8, 2023, to be
considered in the formation of a final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2023–D015
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
DFARS Case 2023–D015. Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
your name, company name (if any), and
‘‘DFARS Case 2023–D015’’ on any
attached documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2023–D015 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
SUMMARY:
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DoD published an interim rule in the
Federal Register at 87 FR 76980 on
December 16, 2022, to implement
section 848 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) FY 2022 (Pub. L. 117–81).
This interim rule implements section
855 of the NDAA for FY 2023 (Pub. L.
117–263), which repeals section 848 of
the NDAA for FY 2022, including the
requirement for a certification from
offerors for contracts with DoD stating
the offeror has made a good faith effort
to determine that forced labor from
Xinjiang Uyghur Autonomous Region of
the People’s Republic of China (XUAR)
was not or will not be used in the
performance of a contract.
Section 855 adds 10 U.S.C. 4661,
which prohibits the use of DoD funds
for any fiscal year to be obligated or
expended to knowingly procure any
products mined, produced, or
manufactured wholly or in part by
forced labor from XUAR. Section 855
also requires offerors or awardees of a
DoD contract to make a good faith effort
to determine that forced labor from
XUAR will not be used in the
performance of a DoD contract. This
interim rule requires offerors to
represent, by submission of an offer,
that they have made, and requires
contractors to make, a good faith effort
to determine that forced labor from
XUAR will not be used in the
performance of a DoD contract. The
term ‘‘forced labor’’ is revised and is
defined, along with ‘‘XUAR’’ at 10
U.S.C. 2496 (see section 651 of the
NDAA for FY 2023). The definition of
‘‘person’’ is removed in its entirety.
II. Discussion and Analysis
Two respondents submitted public
comments in response to the interim
rule published at 87 FR 76980 on
December 16, 2022. DoD reviewed the
public comments in the development of
this interim rule. A discussion of those
comments and the changes made to the
rule as a result of those comments is
provided as follows:
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37793-37794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12021]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 217, and 224
[Docket DARS-2023-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) in order to make needed editorial changes.
DATES: Effective June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes as follows:
At 48 CFR part 209, updated the debarring and suspending
official for the Defense Health Agency and reformatted the list at
DFARS 209.403.
At 48 CFR part 217, corrected a typographical error in the
heading at subpart 217.1.
At DFARS 224.103(b)(2), updated cross-references. Federal
Acquisition Regulation 24.103(b)(2) requires agencies to make available
regulations implementing the Privacy Act of 1974.
List of Subjects in 48 CFR Parts 209, 217, and 224
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 209, 217, and 224 are amended as follows:
[[Page 37794]]
PART 209--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for part 209 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 209.403 in the definition of ``Debarring and
suspending official'' by revising paragraph (1) to read as follows:
209.403 Definitions.
Debarring and suspending official. (1) For DoD, the designees are--
(i) Army--Director, Soldier & Family Legal Services.
(ii) Navy/Marine Corps--The Assistant General Counsel (Acquisition
Integrity).
(iii) Air Force--Deputy General Counsel (Contractor
Responsibility).
(iv) Defense Advanced Research Projects Agency--The Director.
(v) Defense Health Agency--The Principal Deputy General Counsel.
(vi) Defense Information Systems Agency--The General Counsel.
(vii) Defense Intelligence Agency--The Senior Procurement
Executive.
(viii) Defense Logistics Agency--The Special Assistant for
Contracting Integrity.
(ix) Defense Threat Reduction Agency--The Director.
(x) Missile Defense Agency--The General Counsel.
(xi) National Geospatial-Intelligence Agency--The General Counsel.
(xii) National Security Agency--The Senior Acquisition Executive.
(xiii) United States Cyber Command--The Staff Judge Advocate.
(xiv) Overseas installations--as designated by the agency head.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
0
3. The authority citation for part 217 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
4. Revise the heading for subpart 217.1 to read as follows:
Subpart 217.1--Multiyear Contracting
PART 224--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
0
5. The authority citation for part 224 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
6. Revise section 224.103 to read as follows:
224.103 Procedures.
(b)(2) DoD rules and regulations are contained in DoDI 5400.11, DoD
Privacy and Civil Liberties Programs; DoD 5400.11-R, Department of
Defense Privacy Program; and DoDM 5400.11, DoD Privacy and Civil
Liberties Programs: Breach Preparedness and Response Plan.
[FR Doc. 2023-12021 Filed 6-8-23; 8:45 am]
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