Homeland Security Acquisition Regulation, Rescinding Reserve Officer Training Corps and Military Recruiting on Campus Clause (HSAR Case 2024-001), 61384-61386 [2024-16419]
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61384
Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
mariners, port infrastructure, and the
environment during and after extreme
weather and other natural disasters. We
seek your comments on which weather
or disaster parameters would necessitate
changing port conditions or establishing
safety zones based on individual
harbors throughout the Los AngelesLong Beach Captain of the Port Zone
(COTP Zone) from San Clemente to
Morro Bay. After considering the
comments from this notification and
public meeting, the Coast Guard will
publish a notice of proposed rulemaking
with opportunity for additional
comments if we determine that there is
a need to pursue a rulemaking.
lotter on DSK11XQN23PROD with PROPOSALS1
III. Information Requested
The Coast Guard requests comments
on the following questions:
1. Do you agree or disagree with the
need for establishing safety measures
with regards to heavy weather and
disasters on the navigable waters
throughout the Los Angeles-Long Beach
COTP Zone? If so or if not, what is your
reason?
2. What weather parameters do you
think specific harbors should limit or
control vessel traffic movement?
(Example: Port Condition WHISKEY
means a condition set by the COTP
when weather advisories indicate
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 72
hours.)
3. What control measures do you
think should be in place for the
corresponding port conditions?
(Example: Port Condition WHISKEY.
All vessel and port facilities must
exercise due diligence in preparation for
potential storm impacts. Ports and
waterfront facilities must begin
removing all debris and securing
potential flying hazards. Oceangoing
vessels 500 gross tons (GT) and above
must make plans to depart no later than
the setting of Port Condition Yankee
unless authorized by the COTP. Vessels
wishing to remain in port are required
to submit a Notice of Intent to Remain
in Port to the COTP prior to setting Port
Condition X-Ray.)
IV. Public Participation and Request for
Comments
We encourage you to submit
comments in response to this
notification of inquiry through the
Federal Decision Making portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0111 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
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and click on it. Then click on the
Comment option. In your submission,
please include the docket number for
this notification of inquiry and provide
a reason for each suggestion or
recommendation. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Public comments will also be placed
in our online docket and can be viewed
by following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we may choose
not to post off-topic, inappropriate, or
duplicate comments that we receive.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
We plan to hold one public meeting
virtually. The public meeting will take
place at 10 a.m. on August 12, 2024. For
information on facilities or services for
individuals with disabilities or to
request special assistance at the public
meeting, contact the person named in
the FOR FURTHER INFORMATION CONTACT
section, above.
This document is issued under
authority of 5 U.S.C. 552(a).
Dated: July 26, 2024.
S.L. Crecy,
Captain, U.S. Coast Guard,Captain of the Port
Sector Los Angeles-Long Beach.
scheduled to close on August 12, 2024.
In response to a request in a public
comment, EPA is extending the
comment period for the proposed action
to September 11, 2024.
DATES: The comment period for the
proposed rule published on July 11,
2024, at 89 FR 56827 is extended.
Comments must be received on or
before September 11, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0974 at https://
www.regulations.gov, or via email to
langman.michael@epa.gov. Additional
instructions to comment can be found in
the notice of proposed rulemaking
published July 11, 2024 (89 FR 56827).
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Air and Radiation Division (AR–
18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6524,
rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: On July
11, 2024, EPA proposed to approve the
Regional Haze State Implementation
Plan revision submitted by the
Minnesota Pollution Control Agency on
December 20, 2022, as satisfying
applicable requirements under the
Clean Air Act and EPA’s Regional Haze
Rule for the program’s second
implementation period. In response to a
request in a public comment, EPA is
extending the comment period for 30
days.
Dated: July 25, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024–16754 Filed 7–30–24; 8:45 am]
BILLING CODE 6560–50–P
[FR Doc. 2024–16846 Filed 7–30–24; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 3009 and 3052
[Docket No. DHS–2024–0023]
40 CFR Part 52
RIN 1601–AB14
[EPA–R05–OAR–2022–0974; FRL–12039–
03–R5]
Air Plan Approval; Minnesota; Second
Period Regional Haze Plan; Extension
of Comment Period
Homeland Security Acquisition
Regulation, Rescinding Reserve
Officer Training Corps and Military
Recruiting on Campus Clause (HSAR
Case 2024–001)
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending the comment
period for a proposed rule published
July 11, 2024. The current comment
period for the proposed rule was
SUMMARY:
SUMMARY:
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Office of the Chief Procurement
Officer, Department of Homeland
Security (DHS).
ACTION: Proposed rule.
DHS is proposing to amend
the Homeland Security Acquisition
Regulation (HSAR). Specifically, DHS
proposes to remove and reserve a HSAR
clause and subpart. These provisions
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Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
contain regulatory requirements, which
prohibits the award of certain Federal
contracts to institutions of higher
education that prohibit Reserve Officer
Training Corps units or military
recruiting on campus. DHS believes
these HSAR provisions are no longer
needed in light of amendments made in
the Federal Acquisition Regulation
(FAR), which DHS has adhered to since
December 2020.
DATES: Comments on the proposed rule
should be submitted in writing to one of
the addresses shown below on or before
September 30, 2024, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments
identified by HSAR Case 2024–001,
Rescinding Reserve Officer Training
Corps and Military Recruiting on
Campus Clause, using any of the
following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by entering ‘‘HSAR
Case 2024–001’’ under the heading
‘‘Enter Keyword or ID’’ and select
‘‘Search.’’ Select the link ‘‘Submit a
Comment’’ that corresponds with
‘‘HSAR Case 2024–001.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘HSAR Case 2024–001’’ on your
attached document.
• Fax: (202) 447–0520.
• Mail: Department of Homeland
Security, Office of the Chief
Procurement Officer, MS 0080, ATTN:
Ms. Ellen Murray, 6595 Springfield
Center Dr., Springfield, VA 20598–0080.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Ellen Murray, Procurement Analyst,
DHS, Office of the Chief Procurement
Officer, Acquisition Policy and
Legislation at (202) 603–3791 or email
HSAR@hq.dhs.gov. When using email,
include HSAR Case 2024–001 in the
‘‘Subject’’ line.
SUPPLEMENTARY INFORMATION:
I. Background
On December 4, 2003, DHS published
an interim final rule to establish the
Department of Homeland Security
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Acquisition Regulation (HSAR).1 On
May 2, 2006, DHS published a final
rule, which adopted the interim rule
with some changes in response to public
comment (HSAR final rule).2 The HSAR
final rule finalized, among other
provisions, HSAR clause 3052.209–71,
Reserve Officer Training Corps and
Military Recruiting on Campus (48 CFR
3052.209–71). This regulatory
requirement is consistent with 10 U.S.C.
983, which prohibits the award of
certain Federal contracts to institutions
of higher education that prohibit
Reserve Officer Training Corps units or
military recruiting on campus.
HSAR clause 3052.209–71 requires
certain contractors to represent at time
of contract award that it does not have
and agrees that during performance of a
contract it will not adopt, any policy or
practice that prohibits or prevents the
maintenance, establishment, or
operation of a Senior Reserve Officer
Training Corps (ROTC) unit at the
institution; students at that institution
from enrolling in a unit of the Senior
ROTC at another institution of higher
education; the Secretary of a military
department or Secretary of Homeland
Security from gaining access to
campuses, or students on campuses, for
military recruiting purposes; or access
by military recruiters, for the purposes
of military recruiting, to certain
information pertaining to students
enrolled at the institution.3
The clause also lists the two statutory
exceptions to the prohibition
concerning the award of a contract
found in 10 U.S.C. 983(c).4 These
exceptions are when the Secretary of
Defense determines that the institution
has ceased the prohibited policy or
practice or that the institution has a
long-standing policy of pacifism based
on historical religious affiliation.
On October 23, 2020, the Department
of Defense (DoD), the General Services
Administration (GSA), and National
Aeronautics and Space Administration
(NASA) jointly issued a final rule
entitled Federal Acquisition Regulation
(FAR) Reserve Officer Training Corps
and Military Recruiting on Campus
(‘‘FAR final rule’’).5 The FAR final rule,
among other amendments, codified for
all affected Federal agencies a
requirement to include, where
applicable, a clause that prohibits the
award of certain Federal contracts to
1 See Department of Homeland Security
Acquisition Regulation, 68 FR 67868 (Dec. 4, 2003).
2 See Revision of Department of Homeland
Security Acquisition Regulation, 71 FR 25759 (May
2, 2006).
3 See 48 CFR 3052.209–71.
4 See 48 CFR 3052.209–71.
5 See 85 FR 67619 (Oct. 23, 2020).
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61385
institutions of higher education that
prohibit Reserve Officer Training Corps
units or military recruiting on campus.6
DHS notes that the DHS Chief
Procurement Officer can issue HSAR
deviations when necessary to allow
components to deviate from the HSAR.7
On December 8, 2020, DHS issued
HSAR Class Deviation 21–02, Reserve
Officer Training Corps and Military
Recruiting on Campus.8 The deviation
explained that the FAR final rule
‘‘effective November 23, 2020, added
FAR 9.110 that provides the policy and
procedures for complying with the 10
U.S.C. 983 prohibition, including FAR
clause 52.209–14.’’ 9 The deviation then
directed DHS contracting officers to
follow the FAR when complying with
the requirements of 10 U.S.C. 983 and
suspended use of HSAR 3009.470 and
HSAR clause 3052.209–71.
As a result of the FAR revision, HSAR
clause 3052.209–71 is no longer being
used to comply with 10 U.S.C. 983.
Therefore, DHS is proposing to remove
and reserve HSAR clause 3052.209–71
and subpart 3009.4.
II. Discussion and Analysis
As explained previously, DHS
currently complies with the
requirements of 10 U.S.C. 983 by
following the regulatory provisions of
the FAR final rule. Until December 8,
2020, DHS had formerly complied with
this statutory provision by following 48
CFR 3052.209–71 and 48 CFR
3009.470.10
As a result of the amendments made
in the FAR final rule that standardize
compliance with 10 U.S.C. 983 for all
affected Federal agencies, and the
directives of HSAR Class Deviation 21–
02, DHS has determined that HSAR
clause 3052.209–71 and subpart 3009.4
are not needed to comply with the
requirements of 10 U.S.C. 983.11
Therefore, DHS is proposing to remove
and reserve 48 CFR 3052.209–71 and
subpart 3009.4 of 48 CFR part 3009.
These proposed changes would also be
consistent with the guidance in the
HSAR Deviation.
6 See
85 FR 67619 (Oct. 23, 2020).
HSAR Deviations, available at: https://
www.dhs.gov/publication/current-hsar-deviations
(last accessed May 28, 2024).
8 See HSAR Deviation 21–02, Reserve Officer
Training Corps and Military Recruiting on Campus,
available at: https://www.dhs.gov/sites/default/files/
publications/hsarclassdeviation_21_02_3009.470_
12-8-2020.pdf (last accessed May 28, 2024).
9 See HSAR Deviation 21–02, Reserve Officer
Training Corps and Military Recruiting on Campus,
available at: https://www.dhs.gov/sites/default/files/
publications/hsarclassdeviation_21_02_3009.470_
12-8-2020.pdf (last accessed May 28, 2024).
10 DHS notes that 48 CFR 3009.470–3009.470–4
currently constitutes all the regulatory text
contained in 48 CFR part 3009, subpart 3009.4.
7 See
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Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
III. Regulatory Analyses
C. Paperwork Reduction Act
A. Executive Orders 12866, 13563, and
14094
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.
3501–3521).
Executive Orders 12866 (Regulatory
Planning and Review), as amended by
Executive Order 14094 (Modernizing
Regulatory Review), and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
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.
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action, under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094.
Accordingly, OMB has not reviewed
this regulatory action.
There are no quantified costs or cost
savings to this rule as it simply rescinds
HSAR requirements that DoD, GSA and
NASA have already incorporated in the
FAR. DHS believes there would be
efficiency and streamlining benefits
from this rule as it would remove
agency specific provisions from the
HSAR.
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
Public Law 104–121, (Mar. 29, 1996),
requires Federal agencies to consider
the potential impact of regulations on
small businesses, small governmental
jurisdictions, and small organizations
during the development of their rules.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, or
governmental jurisdictions with
populations of less than 50,000. This
proposed rule would rescind HSAR
clause 3052.209–71 and would not
impose new requirements on small
entities. As such, DHS certifies this
proposed change would not result in a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
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16:22 Jul 30, 2024
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D. National Environmental Policy Act
Section 102 of the National
Environmental Policy Act of 1969
(NEPA), Public Law 91–190, 83 Stat.
852 (Jan. 1, 1970) (42 U.S.C. 4321 et
seq.), as amended, requires Federal
agencies to evaluate the impacts of a
proposed major Federal action that may
significantly affect the human
environment, consider alternatives to
the proposed action, provide public
notice and opportunity to comment, and
properly document its analysis. DHS
and its agency components analyze
proposed actions to determine whether
NEPA applies to them and, if so, what
level of documentation and analysis is
required.
DHS Directive 023–01, Rev. 01 and
DHS Instruction Manual 023–01–001–
01, Rev. 01 (Instruction Manual)
establish the policies and procedures
DHS and its component agencies use to
comply with NEPA and the Council on
Environmental Quality regulations for
implementing NEPA codified in 40 CFR
parts 1500–1508. The CEQ regulations
allow Federal agencies to establish, in
their implementing procedures, with
CEQ review and concurrence, categories
of actions (‘‘categorical exclusions’’) that
experience has shown do not,
individually or in the aggregate, have a
significant effect on the human
environment and, therefore, do not
require preparation of an environmental
assessment or environmental impact
statement. 40 CFR 1501.4,
1507.3(e)(2)(ii). Appendix A of the
Instruction Manual lists the DHS
categorical exclusions.
Under DHS NEPA implementing
procedures, for an action to be
categorically excluded, it must satisfy
each of the following three conditions:
(1) the entire action clearly fits within
one or more categorical exclusions; (2)
the action is not a piece of a larger
action; and (3) no extraordinary
circumstances exist that create the
potential for a significant environmental
effect.
The proposed rule, if finalized, would
amend the HSAR to remove and reserve
HSAR clause 3052.209–71 and subpart
3009.4. As stated previously, this HSAR
clause and its corresponding policy that
the rule proposes to remove are now
obsolete given that a FAR clause has
been implemented to create a single
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standard for all agencies subject to 10
U.S.C. 983 to comply with the statutory
requirements.
DHS is not aware of any significant
impact on the environment, or any
change in environmental effect that will
result from this proposed rule. DHS
finds promulgation of the rule clearly
fits within categorical exclusion A3,
established in the Department’s NEPA
implementing procedures as removing
and reserving HSAR clause 3052.209–71
and subpart 3009.4 would be strictly
administrative in nature.
This proposed rule is a standalone
rule and is not part of any larger action.
This proposed rule would not result in
any major Federal action that would
significantly affect the quality of the
human environment. Furthermore, DHS
has determined that no extraordinary
circumstances exist that would create
the potential for significant
environmental effects. Therefore, this
proposed rule is categorically excluded
from further NEPA review and
documentation.
List of Subjects in 48 CFR Parts 3009
and 3052
Government procurement.
Accordingly, for the reasons set forth
in the preamble, DHS proposes to
amend 48 CFR parts 3009 and 3052 as
follows:
PART 3009—CONTRACTOR
QUALIFICATIONS
1. The authority citation for part 3009
continues to read as follows:
■
Authority: 5 U.S.C. 301–302, 41 U.S.C.
1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48
CFR subpart 1.3.
3009.4
■
[Removed and Reserved]
2. Remove and reserve subpart 3009.4.
PART 3052—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 3052
continues to read as follows:
■
Authority: 5 U.S.C. 301–302, 41 U.S.C.
1707, 41 U.S.C. 1702, 41 U.S.C. 1303(a)(2), 48
CFR part 1, subpart 1.3, and DHS Delegation
Number 0702.
3052.209–71
[Removed and Reserved]
4. Remove and reserve section
3052.209–71.
■
Paul Courtney,
Chief Procurement Officer, Department of
Homeland Security.
[FR Doc. 2024–16419 Filed 7–30–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Proposed Rules]
[Pages 61384-61386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16419]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3009 and 3052
[Docket No. DHS-2024-0023]
RIN 1601-AB14
Homeland Security Acquisition Regulation, Rescinding Reserve
Officer Training Corps and Military Recruiting on Campus Clause (HSAR
Case 2024-001)
AGENCY: Office of the Chief Procurement Officer, Department of Homeland
Security (DHS).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DHS is proposing to amend the Homeland Security Acquisition
Regulation (HSAR). Specifically, DHS proposes to remove and reserve a
HSAR clause and subpart. These provisions
[[Page 61385]]
contain regulatory requirements, which prohibits the award of certain
Federal contracts to institutions of higher education that prohibit
Reserve Officer Training Corps units or military recruiting on campus.
DHS believes these HSAR provisions are no longer needed in light of
amendments made in the Federal Acquisition Regulation (FAR), which DHS
has adhered to since December 2020.
DATES: Comments on the proposed rule should be submitted in writing to
one of the addresses shown below on or before September 30, 2024, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by HSAR Case 2024-001, Rescinding
Reserve Officer Training Corps and Military Recruiting on Campus
Clause, using any of the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by entering
``HSAR Case 2024-001'' under the heading ``Enter Keyword or ID'' and
select ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``HSAR Case 2024-001.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``HSAR Case 2024-001'' on your attached
document.
Fax: (202) 447-0520.
Mail: Department of Homeland Security, Office of the Chief
Procurement Officer, MS 0080, ATTN: Ms. Ellen Murray, 6595 Springfield
Center Dr., Springfield, VA 20598-0080.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Murray, Procurement Analyst,
DHS, Office of the Chief Procurement Officer, Acquisition Policy and
Legislation at (202) 603-3791 or email [email protected]. When using
email, include HSAR Case 2024-001 in the ``Subject'' line.
SUPPLEMENTARY INFORMATION:
I. Background
On December 4, 2003, DHS published an interim final rule to
establish the Department of Homeland Security Acquisition Regulation
(HSAR).\1\ On May 2, 2006, DHS published a final rule, which adopted
the interim rule with some changes in response to public comment (HSAR
final rule).\2\ The HSAR final rule finalized, among other provisions,
HSAR clause 3052.209-71, Reserve Officer Training Corps and Military
Recruiting on Campus (48 CFR 3052.209-71). This regulatory requirement
is consistent with 10 U.S.C. 983, which prohibits the award of certain
Federal contracts to institutions of higher education that prohibit
Reserve Officer Training Corps units or military recruiting on campus.
---------------------------------------------------------------------------
\1\ See Department of Homeland Security Acquisition Regulation,
68 FR 67868 (Dec. 4, 2003).
\2\ See Revision of Department of Homeland Security Acquisition
Regulation, 71 FR 25759 (May 2, 2006).
---------------------------------------------------------------------------
HSAR clause 3052.209-71 requires certain contractors to represent
at time of contract award that it does not have and agrees that during
performance of a contract it will not adopt, any policy or practice
that prohibits or prevents the maintenance, establishment, or operation
of a Senior Reserve Officer Training Corps (ROTC) unit at the
institution; students at that institution from enrolling in a unit of
the Senior ROTC at another institution of higher education; the
Secretary of a military department or Secretary of Homeland Security
from gaining access to campuses, or students on campuses, for military
recruiting purposes; or access by military recruiters, for the purposes
of military recruiting, to certain information pertaining to students
enrolled at the institution.\3\
---------------------------------------------------------------------------
\3\ See 48 CFR 3052.209-71.
---------------------------------------------------------------------------
The clause also lists the two statutory exceptions to the
prohibition concerning the award of a contract found in 10 U.S.C.
983(c).\4\ These exceptions are when the Secretary of Defense
determines that the institution has ceased the prohibited policy or
practice or that the institution has a long-standing policy of pacifism
based on historical religious affiliation.
---------------------------------------------------------------------------
\4\ See 48 CFR 3052.209-71.
---------------------------------------------------------------------------
On October 23, 2020, the Department of Defense (DoD), the General
Services Administration (GSA), and National Aeronautics and Space
Administration (NASA) jointly issued a final rule entitled Federal
Acquisition Regulation (FAR) Reserve Officer Training Corps and
Military Recruiting on Campus (``FAR final rule'').\5\ The FAR final
rule, among other amendments, codified for all affected Federal
agencies a requirement to include, where applicable, a clause that
prohibits the award of certain Federal contracts to institutions of
higher education that prohibit Reserve Officer Training Corps units or
military recruiting on campus.\6\
---------------------------------------------------------------------------
\5\ See 85 FR 67619 (Oct. 23, 2020).
\6\ See 85 FR 67619 (Oct. 23, 2020).
---------------------------------------------------------------------------
DHS notes that the DHS Chief Procurement Officer can issue HSAR
deviations when necessary to allow components to deviate from the
HSAR.\7\ On December 8, 2020, DHS issued HSAR Class Deviation 21-02,
Reserve Officer Training Corps and Military Recruiting on Campus.\8\
The deviation explained that the FAR final rule ``effective November
23, 2020, added FAR 9.110 that provides the policy and procedures for
complying with the 10 U.S.C. 983 prohibition, including FAR clause
52.209-14.'' \9\ The deviation then directed DHS contracting officers
to follow the FAR when complying with the requirements of 10 U.S.C. 983
and suspended use of HSAR 3009.470 and HSAR clause 3052.209-71.
---------------------------------------------------------------------------
\7\ See HSAR Deviations, available at: https://www.dhs.gov/publication/current-hsar-deviations (last accessed May 28, 2024).
\8\ See HSAR Deviation 21-02, Reserve Officer Training Corps and
Military Recruiting on Campus, available at: https://www.dhs.gov/sites/default/files/publications/hsarclassdeviation_21_02_3009.470_12-8-2020.pdf (last accessed May
28, 2024).
\9\ See HSAR Deviation 21-02, Reserve Officer Training Corps and
Military Recruiting on Campus, available at: https://www.dhs.gov/sites/default/files/publications/hsarclassdeviation_21_02_3009.470_12-8-2020.pdf (last accessed May
28, 2024).
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As a result of the FAR revision, HSAR clause 3052.209-71 is no
longer being used to comply with 10 U.S.C. 983. Therefore, DHS is
proposing to remove and reserve HSAR clause 3052.209-71 and subpart
3009.4.
II. Discussion and Analysis
As explained previously, DHS currently complies with the
requirements of 10 U.S.C. 983 by following the regulatory provisions of
the FAR final rule. Until December 8, 2020, DHS had formerly complied
with this statutory provision by following 48 CFR 3052.209-71 and 48
CFR 3009.470.\10\
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\10\ DHS notes that 48 CFR 3009.470-3009.470-4 currently
constitutes all the regulatory text contained in 48 CFR part 3009,
subpart 3009.4.
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As a result of the amendments made in the FAR final rule that
standardize compliance with 10 U.S.C. 983 for all affected Federal
agencies, and the directives of HSAR Class Deviation 21-02, DHS has
determined that HSAR clause 3052.209-71 and subpart 3009.4 are not
needed to comply with the requirements of 10 U.S.C. 983.\11\ Therefore,
DHS is proposing to remove and reserve 48 CFR 3052.209-71 and subpart
3009.4 of 48 CFR part 3009. These proposed changes would also be
consistent with the guidance in the HSAR Deviation.
[[Page 61386]]
III. Regulatory Analyses
A. Executive Orders 12866, 13563, and 14094
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the 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.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action, under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094. Accordingly, OMB has
not reviewed this regulatory action.
There are no quantified costs or cost savings to this rule as it
simply rescinds HSAR requirements that DoD, GSA and NASA have already
incorporated in the FAR. DHS believes there would be efficiency and
streamlining benefits from this rule as it would remove agency specific
provisions from the HSAR.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, Public Law 104-121, (Mar. 29, 1996), requires Federal agencies to
consider the potential impact of regulations on small businesses, small
governmental jurisdictions, and small organizations during the
development of their rules. The term ``small entities'' comprises small
businesses, not-for-profit organizations that are independently owned
and operated and are not dominant in their fields, or governmental
jurisdictions with populations of less than 50,000. This proposed rule
would rescind HSAR clause 3052.209-71 and would not impose new
requirements on small entities. As such, DHS certifies this proposed
change would not result in a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
C. 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. 3501-3521).
D. National Environmental Policy Act
Section 102 of the National Environmental Policy Act of 1969
(NEPA), Public Law 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321
et seq.), as amended, requires Federal agencies to evaluate the impacts
of a proposed major Federal action that may significantly affect the
human environment, consider alternatives to the proposed action,
provide public notice and opportunity to comment, and properly document
its analysis. DHS and its agency components analyze proposed actions to
determine whether NEPA applies to them and, if so, what level of
documentation and analysis is required.
DHS Directive 023-01, Rev. 01 and DHS Instruction Manual 023-01-
001-01, Rev. 01 (Instruction Manual) establish the policies and
procedures DHS and its component agencies use to comply with NEPA and
the Council on Environmental Quality regulations for implementing NEPA
codified in 40 CFR parts 1500-1508. The CEQ regulations allow Federal
agencies to establish, in their implementing procedures, with CEQ
review and concurrence, categories of actions (``categorical
exclusions'') that experience has shown do not, individually or in the
aggregate, have a significant effect on the human environment and,
therefore, do not require preparation of an environmental assessment or
environmental impact statement. 40 CFR 1501.4, 1507.3(e)(2)(ii).
Appendix A of the Instruction Manual lists the DHS categorical
exclusions.
Under DHS NEPA implementing procedures, for an action to be
categorically excluded, it must satisfy each of the following three
conditions: (1) the entire action clearly fits within one or more
categorical exclusions; (2) the action is not a piece of a larger
action; and (3) no extraordinary circumstances exist that create the
potential for a significant environmental effect.
The proposed rule, if finalized, would amend the HSAR to remove and
reserve HSAR clause 3052.209-71 and subpart 3009.4. As stated
previously, this HSAR clause and its corresponding policy that the rule
proposes to remove are now obsolete given that a FAR clause has been
implemented to create a single standard for all agencies subject to 10
U.S.C. 983 to comply with the statutory requirements.
DHS is not aware of any significant impact on the environment, or
any change in environmental effect that will result from this proposed
rule. DHS finds promulgation of the rule clearly fits within
categorical exclusion A3, established in the Department's NEPA
implementing procedures as removing and reserving HSAR clause 3052.209-
71 and subpart 3009.4 would be strictly administrative in nature.
This proposed rule is a standalone rule and is not part of any
larger action. This proposed rule would not result in any major Federal
action that would significantly affect the quality of the human
environment. Furthermore, DHS has determined that no extraordinary
circumstances exist that would create the potential for significant
environmental effects. Therefore, this proposed rule is categorically
excluded from further NEPA review and documentation.
List of Subjects in 48 CFR Parts 3009 and 3052
Government procurement.
Accordingly, for the reasons set forth in the preamble, DHS
proposes to amend 48 CFR parts 3009 and 3052 as follows:
PART 3009--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for part 3009 continues to read as follows:
Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41
U.S.C. 1702, and 48 CFR subpart 1.3.
3009.4 [Removed and Reserved]
0
2. Remove and reserve subpart 3009.4.
PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for part 3052 continues to read as follows:
Authority: 5 U.S.C. 301-302, 41 U.S.C. 1707, 41 U.S.C. 1702, 41
U.S.C. 1303(a)(2), 48 CFR part 1, subpart 1.3, and DHS Delegation
Number 0702.
3052.209-71 [Removed and Reserved]
0
4. Remove and reserve section 3052.209-71.
Paul Courtney,
Chief Procurement Officer, Department of Homeland Security.
[FR Doc. 2024-16419 Filed 7-30-24; 8:45 am]
BILLING CODE 9112-FE-P