Solicitation Provisions and Contract Clauses, 88261-88262 [2023-27890]

Download as PDF Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. 1. On page 84448, in the first column, correct amendatory instruction 10 amending § 64.2010, redesignate paragraph (h) as paragraph (i), and revise newly redesignated paragraph (i) to read as follows: ■ 10. Amend § 64.2010 by revising paragraph (f) and adding paragraph (i) to read as follows: ■ [FR Doc. 2023–28007 Filed 12–20–23; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION § 64.2010 47 CFR Part 64 [WC Docket Nos. 22–238, 11–42, 21–450; FCC 23–96, FR ID 190866] Supporting Survivors of Domestic and Sexual Violence; Lifeline and Link Up Reform Modernization Federal Communications Commission. ACTION: Final rule; correction. AGENCY: The Federal Communications Commission (Commission) is correcting a final rule that appeared in the Federal Register on December 5, 2023. The document issued final rules implementing the Safe Connections Act of 2022 (Safe Connections Act or SCA), taking significant steps to improve access to communications services for survivors of domestic abuse and related crimes. DATES: Effective date: This correction is effective January 14, 2024. Compliance date: Compliance with the revisions to 47 CFR 64.2010 is delayed indefinitely. The FCC will publish a document in the Federal Register announcing the compliance date for that section. FOR FURTHER INFORMATION CONTACT: For further information, contact Melissa Kirkel at melissa.kirkel@fcc.gov or 202– 418–7958. SUPPLEMENTARY INFORMATION: The Commission is correcting a final rule that appeared in the Federal Register on December 5, 2023, at 88 FR 84406, which issued final rules implementing the SCA, taking significant steps to improve access to communications services for survivors of domestic abuse and related crimes. A subsequent rule published on December 8, 2023, at 88 FR 85814, also added a paragraph (h) to § 64.2010. This document corrects the December 5 rule’s addition of § 64.2010(h) by redesignating it as paragraph (i) and revising it to account for a reference within. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Correction Accordingly, in FR Rule Doc. No. 2023–26605 appearing on page 84406 in the issue of Tuesday, December 5, 2023, make the following correction: VerDate Sep<11>2014 15:43 Dec 20, 2023 Jkt 262001 [Corrected] * * * * * (i) Compliance date. Compliance with the provision in paragraph (f) of this section applicable to line separation requests under 47 U.S.C. 345 and subpart II of this part will not be required until this paragraph (i) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in subpart II of this part that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (f) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2023–27840 Filed 12–20–23; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION 48 CFR Part 1252 RIN 2105–AF22 Solicitation Provisions and Contract Clauses Department of Transportation. Final rule. AGENCY: ACTION: This final rule amends the Transportation Acquisition Regulation (TAR) to provide needed editorial changes. DOT is publishing a technical amendment to make a minor administrative correction to a TAR clause citation. DATES: This rule is effective on December 21, 2023. FOR FURTHER INFORMATION CONTACT: Ms. LaWanda Morton-Chunn, Procurement Analyst, Acquisition Policy, Oversight & Business Strategies (M–61), Office of the Senior Procurement Executive (OSPE), SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 88261 Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–2267. This is not a toll-free telephone number. SUPPLEMENTARY INFORMATION: Background The purpose of this rule is to make a minor administrative correction to the clause at 1252.239–92, Information and Communication Technology Accessibility Notice, paragraph (b). This revision corrects an erroneous reference to a separate TAR clause. Discussion and Analysis TAR part 1252, 1252.239–92, Information and Communication Technology Accessibility Notice, paragraph (b), is revised to correct a typographical error to a reference to another TAR clause. The reference in paragraph (b) to the clause at 1252.239– 81, Information and Communication Technology Accessibility, is revised to reference the clause at 1252.239–93, Information and Communication Technology Accessibility. The clause at 1252.239–81 is titled Cloud Identification and Authentication (Organizational Users) Multi-Factor Authentication, which is not the correct reference. The clause at 1252.239–93 is titled Information and Communication Technology Accessibility. The clause at 1252.239–93 is the clause that paragraph (b) of 1252.239–92 intended to reference. Notice and Comment This rule makes administrative changes that do not require prior notice and an opportunity for comment or a delayed effective date, consistent with 41 U.S.C. 1707, 48 CFR 1.301, and 48 CFR 1.501–3. The statutes at 41 U.S.C. 1707(a) specifies a required comment period for procurement policies, regulations, procedures and forms. Specifically, a procurement policy, regulation, procedure, or form may not take effect until 60 days after it is published for public comment if it relates to the expenditure of funds and either (i) has a significant effect beyond the internal operating procedures of the agency issuing the action; or (ii) has a significant cost or administrative impact on contractors or offerors. An exception can be made if there are compelling circumstances for an earlier effective date. The statutes at 41 U.S.C. 1707(b) also requires agencies to publish proposed procurement regulations in the Federal Register for a comment period of at least 30 days unless the agency waives those requirements pursuant to 41 U.S.C. 1707(d). This E:\FR\FM\21DER1.SGM 21DER1 88262 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations provision specifies that an agency may waive the publication and comment requirements only if urgent and compelling circumstances make compliance impracticable. Section 1.501–3 of the Federal Acquisition Regulation (FAR) further provides that proposed agency acquisition regulations need not be published for comment when the rule does not constitute a significant revision, and FAR 1.301 requires publication of proposed changes to agency acquisition regulations for public comment in conformance with FAR subpart 1.5 (including FAR 1.501–3) and 41 U.S.C. 1707. The Department has determined that publication of this rule for notice and comment is not required pursuant to these authorities. The correction of the erroneous cross reference is an administrative change that will not have a significant effect on any party. The correction will not impose a significant cost, or have a significant administrative impact, on contractors or offerors. This final rule merely updates 1252.239–92 to reference the correct TAR clause. Executive Orders 12866 and 13563 The Office of Management and Budget (OMB) has determined that this rule is not a significant regulatory action under Executive Order 12866. Therefore, OMB did not review the final rule. khammond on DSKJM1Z7X2PROD with RULES Regulatory Flexibility Act The Secretary hereby certifies that this final rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601–612). The factual basis for this certification follows. This rulemaking does not change DOT’s policy regarding small businesses, does not have an economic impact on individual businesses, and does not impose any increased or decreased costs on small business entities. Instead, it is merely an administrative correction to an erroneous cross reference. Therefore, pursuant to 5 U.S.C. 605(b), a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule does not contain any information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35). Congressional Review Act This rule has not been designated by the Office of Information and Regulatory Affairs as a major rule pursuant to the VerDate Sep<11>2014 15:43 Dec 20, 2023 Jkt 262001 Congressional Review Act (5 U.S.C. 801 et seq.; see 5 U.S.C. 804(2)). List of Subjects in 48 CFR Part 1252 Government procurement, Reporting and recordkeeping requirements. Signing Authority Signed under authority provided by 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304; 1.501–3, and 49 CFR 1.38 in Washington, DC, on December 14, 2023. Philip A. McNamara, Assistant Secretary for Administration, U.S. Department of Transportation. For the reasons set out in the preamble, DOT amends 48 CFR part 1252 as set forth below. PART 1252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for part 1252 continues to read as follows: ■ Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304. Subpart 1252.2—Text of Provisions and Clauses 1252.239–92 [Amended] 2. Amend section 1252.239–92 in paragraph (b) of the provision by removing ‘‘1252.239–81, Information and Communication Technology Accessibility’’ and adding in its place ‘‘1252.239–93, Information and Communication Technology Accessibility’’. ■ [FR Doc. 2023–27890 Filed 12–20–23; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 231214–0303] RIN 0648–BF98 Approach Regulations for Humpback Whales in Waters Surrounding the Hawaiian Islands Under the Marine Mammal Protection Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule ‘‘Approach Regulations for Humpback SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Whales in Waters Surrounding the Islands of Hawaii under the Marine Mammal Protection Act’’ under the Marine Mammal Protection Act (MMPA). This rule prohibits the ‘‘take’’ of humpback whales (Megaptera novaeangliae), which means ‘‘to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal,’’ within 200 nautical miles (nmi) (370.4 kilometers (km)) of the islands of Hawaii from the detrimental effects resulting from approach by humans. DATES: This rule is effective January 22, 2024. ADDRESSES: Public comments and other supporting materials are available at www.regulations.gov identified by docket number NOAA–NMFS–2016– 0046 or by submitting a request to the Protected Resources Division, National Marine Fisheries Service, Pacific Islands Regional Office, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818, Attn: Humpback Whale Approach Regulations. FOR FURTHER INFORMATION CONTACT: Elena Duke, NMFS, Pacific Islands Regional Office, elena.duke@noaa.gov; 808–725–5085. SUPPLEMENTARY INFORMATION: Background Protections for humpback whales in Hawaii were initially promulgated under the ESA, after NMFS determined that guidelines published in 1979 as a ‘‘Notice of Interpretation of ‘Taking by Harassment’ in Regard to Humpback Whales in the Hawaiian Islands Area’’ (44 FR 1113; January 4, 1979) proved ineffective in protecting humpback whales in Hawaii from tour vessel operators approaching closer than the recommended viewing guidelines. The ESA rule that protected humpback whales in Hawaii was published on November 23, 1987 as an interim final rule (52 FR 44912), and then was finalized on January 19, 1995 (60 FR 3775). That rule made it unlawful to operate an aircraft within 1,000 feet (ft), approach by any means within 100 yards (yds), cause a vessel or another object to approach within 100 yds, or disrupt the normal behavior or prior activity of a humpback whale by any other act or omission. Regulations regarding the implementation of the ESA were then reorganized on March 23, 1999, with the section containing the approach regulations for humpback whales in Hawaii, changed from 50 CFR 222.31 to 50 CFR 224.103 (64 FR 14052). NMFS published a final ESA listing rule on September 8, 2016 (81 FR 62259) that revised the species-wide E:\FR\FM\21DER1.SGM 21DER1

Agencies

DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88261-88262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27890]


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DEPARTMENT OF TRANSPORTATION

48 CFR Part 1252

RIN 2105-AF22


Solicitation Provisions and Contract Clauses

AGENCY: Department of Transportation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Transportation Acquisition 
Regulation (TAR) to provide needed editorial changes. DOT is publishing 
a technical amendment to make a minor administrative correction to a 
TAR clause citation.

DATES: This rule is effective on December 21, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. LaWanda Morton-Chunn, Procurement 
Analyst, Acquisition Policy, Oversight & Business Strategies (M-61), 
Office of the Senior Procurement Executive (OSPE), Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 
366-2267. This is not a toll-free telephone number.

SUPPLEMENTARY INFORMATION:

Background

    The purpose of this rule is to make a minor administrative 
correction to the clause at 1252.239-92, Information and Communication 
Technology Accessibility Notice, paragraph (b). This revision corrects 
an erroneous reference to a separate TAR clause.

Discussion and Analysis

    TAR part 1252, 1252.239-92, Information and Communication 
Technology Accessibility Notice, paragraph (b), is revised to correct a 
typographical error to a reference to another TAR clause. The reference 
in paragraph (b) to the clause at 1252.239-81, Information and 
Communication Technology Accessibility, is revised to reference the 
clause at 1252.239-93, Information and Communication Technology 
Accessibility. The clause at 1252.239-81 is titled Cloud Identification 
and Authentication (Organizational Users) Multi-Factor Authentication, 
which is not the correct reference. The clause at 1252.239-93 is titled 
Information and Communication Technology Accessibility. The clause at 
1252.239-93 is the clause that paragraph (b) of 1252.239-92 intended to 
reference.

Notice and Comment

    This rule makes administrative changes that do not require prior 
notice and an opportunity for comment or a delayed effective date, 
consistent with 41 U.S.C. 1707, 48 CFR 1.301, and 48 CFR 1.501-3.
    The statutes at 41 U.S.C. 1707(a) specifies a required comment 
period for procurement policies, regulations, procedures and forms. 
Specifically, a procurement policy, regulation, procedure, or form may 
not take effect until 60 days after it is published for public comment 
if it relates to the expenditure of funds and either (i) has a 
significant effect beyond the internal operating procedures of the 
agency issuing the action; or (ii) has a significant cost or 
administrative impact on contractors or offerors. An exception can be 
made if there are compelling circumstances for an earlier effective 
date. The statutes at 41 U.S.C. 1707(b) also requires agencies to 
publish proposed procurement regulations in the Federal Register for a 
comment period of at least 30 days unless the agency waives those 
requirements pursuant to 41 U.S.C. 1707(d). This

[[Page 88262]]

provision specifies that an agency may waive the publication and 
comment requirements only if urgent and compelling circumstances make 
compliance impracticable. Section 1.501-3 of the Federal Acquisition 
Regulation (FAR) further provides that proposed agency acquisition 
regulations need not be published for comment when the rule does not 
constitute a significant revision, and FAR 1.301 requires publication 
of proposed changes to agency acquisition regulations for public 
comment in conformance with FAR subpart 1.5 (including FAR 1.501-3) and 
41 U.S.C. 1707.
    The Department has determined that publication of this rule for 
notice and comment is not required pursuant to these authorities. The 
correction of the erroneous cross reference is an administrative change 
that will not have a significant effect on any party. The correction 
will not impose a significant cost, or have a significant 
administrative impact, on contractors or offerors. This final rule 
merely updates 1252.239-92 to reference the correct TAR clause.

Executive Orders 12866 and 13563

    The Office of Management and Budget (OMB) has determined that this 
rule is not a significant regulatory action under Executive Order 
12866. Therefore, OMB did not review the final rule.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule would not have 
a significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). The factual basis for this certification follows. This rulemaking 
does not change DOT's policy regarding small businesses, does not have 
an economic impact on individual businesses, and does not impose any 
increased or decreased costs on small business entities. Instead, it is 
merely an administrative correction to an erroneous cross reference. 
Therefore, pursuant to 5 U.S.C. 605(b), a regulatory flexibility 
analysis is not required.

Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require approval by the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Congressional Review Act

    This rule has not been designated by the Office of Information and 
Regulatory Affairs as a major rule pursuant to the Congressional Review 
Act (5 U.S.C. 801 et seq.; see 5 U.S.C. 804(2)).

List of Subjects in 48 CFR Part 1252

    Government procurement, Reporting and recordkeeping requirements.

Signing Authority

    Signed under authority provided by 5 U.S.C. 301; 41 U.S.C. 
1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304; 1.501-3, 
and 49 CFR 1.38 in Washington, DC, on December 14, 2023.

Philip A. McNamara,
Assistant Secretary for Administration, U.S. Department of 
Transportation.

    For the reasons set out in the preamble, DOT amends 48 CFR part 
1252 as set forth below.

PART 1252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 1252 continues to read as follows:

    Authority:  5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; 
and 48 CFR 1.301 through 1.304.

Subpart 1252.2--Text of Provisions and Clauses


1252.239-92   [Amended]

0
2. Amend section 1252.239-92 in paragraph (b) of the provision by 
removing ``1252.239-81, Information and Communication Technology 
Accessibility'' and adding in its place ``1252.239-93, Information and 
Communication Technology Accessibility''.

[FR Doc. 2023-27890 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-9X-P

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