80 FR 15737 - Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation
DEPARTMENT OF ENERGY Federal Register Volume 80, Issue 57 (March 25, 2015)
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15737-15741 | |
| FR Document | 2015-06564 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Proposed Rules] [Pages 15737-15741] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06564] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 48 CFR Parts 902, 909, 916, 917, 922, 925, 931, 936, 942, 952, and 970 RIN 1991-AC00 Acquisition Regulation: Technical and Administrative Changes to Department of Energy Acquisition Regulation AGENCY: Office of Acquisition and Project Management, Department of Energy. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to make technical and administrative changes to the DEAR, including changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, update references, and correct minor errors and omissions. This proposed rule does not alter substantive rights or obligations under current law. DATES: Written comments on the proposed rulemaking must be received on or before close of business April 24, 2015. ADDRESSES: You may submit comments, identified by: Technical and Administrative Changes to Department of Energy Acquisition Regulation and RIN 1991-AC00, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email to: [email protected] Include DEAR: Small Business and other Socioeconomic Programs and RIN 1991-AC00 in the subject line of the message. Mail to: U.S. Department of Energy, Office of Acquisition and Project Management, MA-611, 1000 Independence Avenue SW., Washington, DC 20585. Comments by email are encouraged. FOR FURTHER INFORMATION CONTACT: Lawrence Butler, U.S. Department of Energy, Office of Acquisition and Project Management, MA-611, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1945. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Section-by-Section Analysis III. Procedural Requirements A. Review Under Executive Order 12866 and 13563 B. Review Under Executive Order 12988 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 13132 G. Review Under the Unfunded Mandates Reform Act of 1995. H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 13211 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Approval by the Office of the Secretary of Energy I. Background The DEAR has outdated citations and minor errors of a technical nature. The objective of this proposed rule is to update the outdated citations and correct the errors and omissions in the existing DEAR to conform to the FAR. None of these changes are substantive or of a nature to cause any significant expense for DOE or its contractors. II. Section-by-Section Analysis DOE proposes to amend the DEAR as follows: Part 902--DEFINITIONS OF WORDS AND TERMS 1. Section 902.101, paragraph (2), is revised to change the title of the National Nuclear Security Agency (NNSA) Senior Procurement Executive (SPE). Part 909--CONTRACTOR QUALIFICATIONS 2. Section 909.403, paragraphs (1) and (2), are revised to change the title of the NNSA SPE. Part 916--TYPES OF CONTRACTS 3. Section 916.505, paragraph (b)(6)(i), is revised to change the title of the NNSA SPE. Part 917--SPECIAL CONTRACTING METHODS 4. Section 917.602, paragraph (a), is revised to remove language that is no longer needed in the DEAR. Part 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION 5. Section 922.804 is no longer needed in the DEAR and is removed. Part 925--FOREIGN ACQUISITION 6. Section 925.103, paragraph (a), is revised to correct the CFR reference. 7. Section 925.1001, paragraph (b), is revised to change the title of the NNSA SPE. Part 931--CONTRACT COST PRINCIPLES AND PROCEDURES 8. Section 931.205-18, paragraph (c)(2), is deleted in its entirety and replaced with a new paragraph (c). [[Page 15738]] Part 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 9. Section 936.202-70 is no longer needed in the DEAR and is removed. Part 942--CONTRACT ADMINISTRATION AND AUDIT SERVICES 10. Section 942.705-3 is revised to update the circular number and remove the paragraph numbering. Part 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 11. Section 952.204-2, paragraph (j), is revised to inform contractors of the format for submitting Foreign Ownership, Control or Influence (FOCI) information. Paragraph (h)(2)(vi), is revised to remove Contractor requirement for submitting in writing information to the head of the cognizant local DOE Security Office concerning each uncleared applicant or uncleared employee who is selected for a position requiring an access authorization. 12. Section 952.204-73, paragraph (a), is revised to inform contractors of the format for submitting FOCI information. 13. Section 952.236-72 is no longer needed in the DEAR and is removed. 14. Section 952.250-70, paragraph (d)(1), is revised to raise the threshold as required by the Energy Policy Act of 2005. Part 970--DOE MANAGEMENT AND OPERATING CONTRACTS 15. Section 970.5215-3 is revised to update the Order number. 16. Section 970.5223-1 is revised to correct the prescription. 17. Section 970.5244-1, paragraph (f) is revised to reflect threshold increase in 48 CFR 28.102-2. Paragraph (g) is revised to reflect the threshold increase in DOE's class deviation for DEAR 970.5244-1. 18. Section 970.5245-1, Alternate I, paragraph (j)(3), is revised to update the Order number and to add language that clarifies the sentence. III. Procedural Requirements A. Review Under Executive Order 12866 and 13563 This regulatory action has been determined not to be a ``significant regulatory action'' under Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this proposed rule is not subject to review under that Executive Order by the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB). DOE has also reviewed this regulation pursuant to Executive Order 13563, issued on January 18, 2011 (76 FR 3281 (Jan. 21, 2011)). Executive Order 13563 is supplemental to and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, agencies are required by Executive Order 13563 to: (1) Propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. DOE emphasizes as well that Executive Order 13563 requires agencies to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. DOE believes that this final rule is consistent with these principles, including the requirement that, to the extent permitted by law, agencies adopt a regulation only upon a reasoned determination that its benefits justify its costs and, in choosing among alternative regulatory approaches, those approaches maximize net benefits. B. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the United States Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or if it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this proposed rule meets the relevant standards of Executive Order 12988. C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel's Web site at http://www.energy.gov/gc/office-general-counsel. This notice of proposed rulemaking is to amend the DEAR to make technical and administrative changes as described in the summary. This rule would not have a significant economic impact on small entities because it imposes no significant burdens. No substantive rights or obligations are altered by the proposed amendment. Consequently, this proposed rule is exempt from the [[Page 15739]] requirements of the Regulatory Flexibility Act. D. Review Under the Paperwork Reduction Act This proposed rule does not impose a collection of information requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Existing burdens associated with the collection of certain contractor data under the DEAR have been cleared under OMB control number 1910-4100, with an expiration date of October 31, 2014. E. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this proposed rule falls into a class of actions which would not individually or cumulatively have significant impact on the human environment, as determined by DOE's regulations (10 CFR part 1021, subpart D) implementing the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Specifically, this proposed rule is categorically excluded from NEPA review because the amendments to the DEAR are strictly procedural (categorical exclusion A6). Therefore, this proposed rule does not require an environmental impact statement or environmental assessment pursuant to NEPA. F. Review Under Executive Order 13132 Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order requires agencies to have an accountability process to ensure meaningful and timely input by state and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has examined the proposed rule and has determined that it does not preempt State law and does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. G. Review Under the Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires a Federal agency to perform a written assessment of costs and benefits of any rule imposing a Federal mandate with costs to State, local or tribal governments, or to the private sector, of $100 million or more. This rulemaking does not impose a Federal mandate on State, local or tribal governments or on the private sector. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a Family Policymaking Assessment for any rulemaking or policy that may affect family well-being. This rulemaking will have no impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under Executive Order 13211 Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to Office of Information and Regulatory Affairs (OIRA), of the Office of Management and Budget (OMB), a Statement of Energy Effects for any significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This proposed rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. J. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Approval by the Office of the Secretary of Energy Issuance of this proposed rule has been approved by the Office of the Secretary of Energy. List of Subjects in 48 CFR Parts 902, 909, 916, 917, 922, 925, 931, 936, 942, 952 and 970 Government procurement. Issued in Washington, DC on March 16, 2015. Patrick M. Ferraro, Deputy Director, Office of Acquisition and Project Management, Department of Energy. Joseph Waddell, Deputy Associate Administrator, Acquisition and Project Management, National Nuclear Security Administration. For the reasons set out in the preamble, the Department of Energy proposes to amend Chapter 9 of Title 48 of the Code of Federal Regulations as set forth below. Title 48--Federal Acquisition Regulations System 0 1. The authority citation for parts 902, 903, 916, 917, 922, 925, 931, 936 and 942 continues to read as follows: Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq. PART 902--DEFINITIONS OF WORDS AND TERMS 902.101 [Amended] 0 2. Section 902.101 is amended in the definition of ``Senior Procurement Executive'', by removing ``Director, Office of Acquisition and Supply Management'' and adding in its place ``Deputy Associate Administrator for Acquisition and Project Management''. [[Page 15740]] PART 909--CONTRACTOR QUALIFICATIONS 909.403 [Amended] 0 3. Section 909.403 is amended in paragraphs (1) and (2), by removing ``Director, Office of Acquisition and Supply Management'' and adding in its place ``Deputy Associate Administrator for Acquisition and Project Management''. PART 916--TYPES OF CONTRACTS 916.505 [Amended] 0 4. Section 916.505 is amended in paragraph (b)(6)(i), by removing ``Director, Office of Acquisition and Supply Management,'' and adding in its place ``Deputy Associate Administrator for Acquisition and Project Management,''. PART 917--SPECIAL CONTRACTING METHODS 917.602 [Amended] 0 5. Section 917.602 is amended in paragraph (a), by removing ``, Deputy Secretary or Under Secretary''. PART 922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION 922.804 [Removed and Reserved] 0 6. Section 922.804 is removed and reserved. PART 925--FOREIGN ACQUISITION 0 7. Section 925.103 is amended by removing paragraph (a), and revising paragraph (b)(2)(ii) to read as follows: 925.103 Exceptions. (b) Nonavailabilty. (2)(i) Individual determinations. Contracting officers may make the determination required by 48 CFR 25.103(b)(2)(i), provided such determination is factually supported in writing. If the contract is estimated to exceed $1 million, the Head of the Contracting Activity must approve the determination. (ii) Proposals to add an article to the list of nonavailable articles at 48 CFR 25.104, with appropriate justifications, must be submitted for approval by the Senior Procurement Executive and submission to the appropriate council. 925.1001 [Amended] 0 8. Section 925.1001 is amended in paragraph (b), by removing ``Director, Office of Acquisition and Supply Management'' and adding in its place ``Deputy Associate Administrator for Acquisition and Project Management''. PART 931--CONTRACT COST PRINCIPLES AND PROCEDURES 0 9. Section 931.205-18 is revised to read as follows: 931.205-18 Independent research and development (IR&D) and bid and proposal (B&P) costs. (c) In addition to all the other FAR requirements for allowability of IR&D costs, costs for IR&D are allowable under DOE contracts to the extent: they are not otherwise unallowable; and they have potential benefit or relationship to the DOE program. The term ``DOE program'' encompasses the DOE total mission and its objectives. In addition to all the other FAR requirements for allowability of B&P costs, costs for B&P are allowable under DOE contracts to the extent they are not otherwise unallowable. PART 936--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 936.202-70 [Removed and Reserved] 0 10. Section 936.202-70 is removed and reserved. PART 942--CONTRACT ADMINISTRATION AND AUDIT SERVICES 942.705-3 [Amended] 0 11. Section 942.705-3 is amended by: 0 a. Removing the paragraph numbering ``(a)(2)''; and 0 b. Removing ``A-88'' and adding in its place ``A-21''. PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 12. The authority citation for part 952 continues to read as follows: Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. 0 13. Section 952.204-2 is amended by: 0 a. Revising the section heading; 0 b. Revising the clause heading and clause date; and 0 c. Revising introductory paragraph (h)(2)(vi) and paragraph (j)(1). The revisions read as follows: 952.204-2 Security requirements. * * * * * Security Requirements ([(XXX 20XX)]) * * * * * (h) * * * (2) * * * (vi) The Contractor must maintain a record of information concerning each uncleared applicant or uncleared employee who is selected for a position requiring an access authorization. Upon request only, the following information will be furnished to the head of the cognizant local DOE Security Office: * * * * * (j) Foreign ownership, control, or influence. (1) The Contractor shall immediately provide the cognizant security office written notice of any change in the extent and nature of foreign ownership, control or influence over the Contractor which would affect any answer to the questions presented in the Standard Form (SF) 328, Certificate Pertaining to Foreign Interests, executed prior to award of this contract. The Contractor will submit the Foreign Ownership, Control or Influence (FOCI) information in the format directed by DOE. When completed the Contractor must print and sign one copy of the SF 328 and submit it to the Contracting Officer. In addition, any notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice, shall also be furnished concurrently to the Contracting Officer. * * * * * 0 14. Section 952.204-73 is amended by: 0 a. Revising the date of the clause; and 0 b. Revising paragraph (a)(1). The revisions read as follows: 952.204-73 Facility clearance. * * * * * Facility Clearance ([(XXX 20XX)]) * * * * * (a) Use of Certificate Pertaining to Foreign Interests, Standard Form 328. (1) The contract work anticipated by this solicitation will require access to classified information or special nuclear material. Such access will require a Facility Clearance for the Contractor's organization and access authorizations (security clearances) for Contractor personnel working with the classified information or special nuclear material. To obtain a Facility Clearance the Contractor must submit the Standard Form 328, Certificate Pertaining to Foreign Interests, and all required supporting documents to form a complete Foreign Ownership, Control or Influence (FOCI) Package. The Contractor will submit the Foreign Ownership, Control or Influence (FOCI) information in the format directed by DOE. When completed the Contractor must print and sign one copy of the SF 328 and submit it to the Contracting Officer. * * * * * [[Page 15741]] 952.236-72 [Removed and Reserved] 0 15. Section 952.236-72 is removed and reserved. 952.250-70 [Amended] 0 16. Section 952.250-70 is amended by: 0 a. Revising the date of the clause; and 0 b. Removing in paragraph (d)(1), ``$100 million'' and adding in its place ``$500 million''. The revision reads as follows: 952.250-70 Nuclear hazards indemnity agreement. * * * * * Nuclear Hazards Indemnity Agreement ([(XXX 20XX)]) * * * * * PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS 0 17. The authority citation for part 970 continues to read as follows: Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. 970.5215-3 [Amended] 0 18. Section 970.5215-3, paragraphs (c)(1)(i) and (c)(2)(i) are amended by removing ``DOE Order 225.1A'' and adding in its place ``DOE Order 225.1B, or successor version''. 970.5223-1 [Amended] 0 19. Section 970.5223-1 is amended by removing ``970.2303-3(b)'' in the clause introductory paragraph and adding in its place, ``970.2303- 3(a)''. 0 20. Section 970.5244-1 is amended by: 0 a. Revising the clause date; 0 b. Removing in paragraphs (f)(1) and (f)(2) ``$100,000'' and adding in its place ``$150,000''; and 0 c. Removing in paragraph (g) ``$100,000'' in both occurrences and adding in its place ``$500,000''. The revision read as follows: 970.5244-1 Contractor purchasing system. * * * * * Contractor Purchasing System ([(XXX 20XX)]) * * * * * 0 21. Section 970.5245-1 is amended by: 0 a. Revising the clause date; 0 b. Revising Alternate I heading and date; and 0 c. Removing in Alternate I paragraph (j)(3), 0 a. ``Major System Acquisition or Major Project'' and adding in its place ``Major System Project'', and 0 b. ``DOE Order 4700.1'' and adding in its place ``DOE Order 413.3B, or successor version''. The revisions read as follows: 970.5245-1 Property. * * * * * Property ([(XXX 20XX)]) * * * * * Alternate I ([(XXX 20XX)]). * * * * * [FR Doc. 2015-06564 Filed 3-24-15; 8:45 am] BILLING CODE 6450-01-P
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TABLE C9—SMR CATEGORY 806–816/851–861 MHZ CHANNELS AVAILABLE FOR SITE-BASED LICENSING IN THE CANADA
BORDER REGIONS
Canada border region Channel Nos. Total
* * * * * * *
Regions 7A and 8 ..................... 315, 315a, 355, 355a, 395, 395a, 435, 435a, 475, 475a, 316, 316a, 356, 356a, 396, 396a, 160 Channels.
436, 436a, 476, 476a, 317, 317a, 357, 357a, 397, 397a, 437, 437a, 477, 477a, 318, 318a,
358, 358a, 398, 398a, 438, 438a, 478, 478a, 331, 331a, 371, 371a, 411, 411a, 451, 451a,
491, 491a, 332, 332a, 372, 372a, 412, 412a, 452, 452a, 492, 492a, 333, 333a, 373, 373a,
413, 413a, 453, 453a, 493, 493a, 334, 334a, 374, 374a, 414, 414a, 454, 454a, 494, 494a,
335, 335a, 375, 375a, 415, 415a, 455, 455a, 495, 495a, 336, 336a, 376, 376a, 416, 416a,
456, 456a, 496, 496a, 337, 337a, 377, 377a, 417, 417a, 457, 457a, 497, 497a, 338, 338a,
378, 378a, 418, 418a, 458, 458a, 498, 498a, 431, 431a, 432, 432a, 433, 433a, 434, 434a,
471, 471a, 472, 472a, 473, 473a, 474, 474a, 479, 479a, 480, 480a, 481, 481a, 488, 488a,
489, 489a, 490, 490a, 499, 499a, 500, 500a, 501, 501a, 508, 508a, 509, 509a, 510, 510a.
Region 7B ................................. * * * ............................................................................................................................................. 20 Channels.
481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a ..................................................
[FR Doc. 2015–06069 Filed 3–24–15; 8:45 am] • Mail to: U.S. Department of Energy, II. Section-by-Section Analysis
BILLING CODE 6712–01–P Office of Acquisition and Project
Management, MA–611, 1000 DOE proposes to amend the DEAR as
Independence Avenue SW., follows:
DEPARTMENT OF ENERGY Washington, DC 20585. Comments by Part 902—DEFINITIONS OF WORDS
email are encouraged. AND TERMS
48 CFR Parts 902, 909, 916, 917, 922,
FOR FURTHER INFORMATION CONTACT: 1. Section 902.101, paragraph (2), is
925, 931, 936, 942, 952, and 970
Lawrence Butler, U.S. Department of revised to change the title of the
RIN 1991–AC00 Energy, Office of Acquisition and National Nuclear Security Agency
Project Management, MA–611, 1000 (NNSA) Senior Procurement Executive
Acquisition Regulation: Technical and Independence Avenue SW., (SPE).
Administrative Changes to Department Washington, DC 20585–0121.
of Energy Acquisition Regulation Telephone: (202) 287–1945. Email: Part 909—CONTRACTOR
lawrence.butler@hq.doe.gov. QUALIFICATIONS
AGENCY: Office of Acquisition and
Project Management, Department of SUPPLEMENTARY INFORMATION: 2. Section 909.403, paragraphs (1) and
Energy. I. Background (2), are revised to change the title of the
ACTION: Notice of proposed rulemaking. II. Section-by-Section Analysis NNSA SPE.
III. Procedural Requirements Part 916—TYPES OF CONTRACTS
SUMMARY: The Department of Energy
A. Review Under Executive Order 12866
(DOE) is proposing to amend the
and 13563 3. Section 916.505, paragraph (b)(6)(i),
Department of Energy Acquisition B. Review Under Executive Order 12988 is revised to change the title of the
Regulation (DEAR) to make technical C. Review Under the Regulatory Flexibility NNSA SPE.
and administrative changes to the Act
DEAR, including changes to conform to D. Review Under the Paperwork Reduction Part 917—SPECIAL CONTRACTING
the Federal Acquisition Regulation Act METHODS
(FAR), remove out-of-date coverage, E. Review Under the National
update references, and correct minor 4. Section 917.602, paragraph (a), is
Environmental Policy Act revised to remove language that is no
errors and omissions. This proposed F. Review Under Executive Order 13132
rule does not alter substantive rights or longer needed in the DEAR.
G. Review Under the Unfunded Mandates
obligations under current law. Reform Act of 1995. Part 922—APPLICATION OF LABOR
DATES: Written comments on the H. Review Under the Treasury and General LAWS TO GOVERNMENT
proposed rulemaking must be received Government Appropriations Act, 1999 ACQUISITION
on or before close of business April 24, I. Review Under Executive Order 13211
2015. J. Review Under the Treasury and General 5. Section 922.804 is no longer
Government Appropriations Act, 2001 needed in the DEAR and is removed.
ADDRESSES: You may submit comments,
identified by: Technical and K. Approval by the Office of the Secretary Part 925—FOREIGN ACQUISITION
of Energy
Administrative Changes to Department
of Energy Acquisition Regulation and 6. Section 925.103, paragraph (a), is
I. Background
RIN 1991–AC00, by any of the following revised to correct the CFR reference.
The DEAR has outdated citations and 7. Section 925.1001, paragraph (b), is
mstockstill on DSK4VPTVN1PROD with PROPOSALS
methods:
• Federal eRulemaking Portal: http:// minor errors of a technical nature. The revised to change the title of the NNSA
www.regulations.gov. Follow the objective of this proposed rule is to SPE.
instructions for submitting comments. update the outdated citations and Part 931—CONTRACT COST
• Email to: DEARrulemaking@ correct the errors and omissions in the PRINCIPLES AND PROCEDURES
hq.doe.gov Include DEAR: Small existing DEAR to conform to the FAR.
Business and other Socioeconomic None of these changes are substantive or 8. Section 931.205–18, paragraph
Programs and RIN 1991–AC00 in the of a nature to cause any significant (c)(2), is deleted in its entirety and
subject line of the message. expense for DOE or its contractors. replaced with a new paragraph (c).
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15739
requirements of the Regulatory levels of government. No further action J. Review Under the Treasury and
Flexibility Act. is required by Executive Order 13132. General Government Appropriations
D. Review Under the Paperwork Act, 2001
G. Review Under the Unfunded
Reduction Act Mandates Reform Act of 1995 The Treasury and General
This proposed rule does not impose a Government Appropriations Act, 2001
The Unfunded Mandates Reform Act
collection of information requirement (44 U.S.C. 3516, note) provides for
of 1995 (Pub. L. 104–4) generally
subject to the Paperwork Reduction Act, agencies to review most disseminations
requires a Federal agency to perform a
44 U.S.C. 3501 et seq. Existing burdens of information to the public under
written assessment of costs and benefits
associated with the collection of certain guidelines established by each agency
of any rule imposing a Federal mandate
contractor data under the DEAR have pursuant to general guidelines issued by
with costs to State, local or tribal
been cleared under OMB control OMB. OMB’s guidelines were published
governments, or to the private sector, of
number 1910–4100, with an expiration at 67 FR 8452 (February 22, 2002), and
$100 million or more. This rulemaking
date of October 31, 2014. DOE’s guidelines were published at 67
does not impose a Federal mandate on
E. Review Under the National State, local or tribal governments or on FR 62446 (October 7, 2002). DOE has
Environmental Policy Act the private sector. reviewed this proposed rule under the
OMB and DOE guidelines and has
DOE has concluded that promulgation H. Review Under the Treasury and concluded that it is consistent with
of this proposed rule falls into a class of General Government Appropriations applicable policies in those guidelines.
actions which would not individually or Act, 1999
cumulatively have significant impact on K. Approval by the Office of the
the human environment, as determined Section 654 of the Treasury and Secretary of Energy
by DOE’s regulations (10 CFR part 1021, General Government Appropriations
subpart D) implementing the National Act, 1999 (Pub. L. 105–277), requires Issuance of this proposed rule has
Environmental Policy Act (NEPA) of Federal agencies to issue a Family been approved by the Office of the
1969 (42 U.S.C. 4321 et seq.). Policymaking Assessment for any Secretary of Energy.
Specifically, this proposed rule is rulemaking or policy that may affect List of Subjects in 48 CFR Parts 902,
categorically excluded from NEPA family well-being. This rulemaking will 909, 916, 917, 922, 925, 931, 936, 942,
review because the amendments to the have no impact on the autonomy or 952 and 970
DEAR are strictly procedural integrity of the family as an institution.
(categorical exclusion A6). Therefore, Accordingly, DOE has concluded that it Government procurement.
this proposed rule does not require an is not necessary to prepare a Family Issued in Washington, DC on March 16,
environmental impact statement or Policymaking Assessment. 2015.
environmental assessment pursuant to
NEPA. I. Review Under Executive Order 13211 Patrick M. Ferraro,
Deputy Director, Office of Acquisition and
F. Review Under Executive Order 13132 Executive Order 13211, Actions Project Management, Department of Energy.
Concerning Regulations That Joseph Waddell,
Executive Order 13132, 64 FR 43255
Significantly Affect Energy Supply,
(August 4, 1999), imposes certain Deputy Associate Administrator, Acquisition
Distribution, or Use, 66 FR 28355 (May
requirements on agencies formulating and Project Management, National Nuclear
and implementing policies or 22, 2001), requires Federal agencies to Security Administration.
regulations that preempt State law or prepare and submit to Office of
that have federalism implications. Information and Regulatory Affairs For the reasons set out in the
Agencies are required to examine the (OIRA), of the Office of Management preamble, the Department of Energy
constitutional and statutory authority and Budget (OMB), a Statement of proposes to amend Chapter 9 of Title 48
supporting any action that would limit Energy Effects for any significant energy of the Code of Federal Regulations as set
the policymaking discretion of the action. A ‘‘significant energy action’’ is forth below.
States and carefully assess the necessity defined as any action by an agency that
promulgates or is expected to lead to Title 48—Federal Acquisition
for such actions. The Executive Order
promulgation of a final rule, and that: Regulations System
requires agencies to have an
accountability process to ensure (1) Is a significant regulatory action
under Executive Order 12866, or any ■ 1. The authority citation for parts 902,
meaningful and timely input by state 903, 916, 917, 922, 925, 931, 936 and
and local officials in the development of successor order; (2) is likely to have a
significant adverse effect on the supply, 942 continues to read as follows:
regulatory policies that have federalism
implications. distribution, or use of energy; or (3) is Authority: 42 U.S.C. 7101 et seq. and 50
On March 14, 2000, DOE published a designated by the Administrator of U.S.C. 2401 et seq.
statement of policy describing the OIRA as a significant energy action. For
intergovernmental consultation process any significant energy action, the agency PART 902—DEFINITIONS OF WORDS
it will follow in the development of must give a detailed statement of any AND TERMS
such regulations (65 FR 13735). DOE adverse effects on energy supply,
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902.101 [Amended]
has examined the proposed rule and has distribution, or use should the proposal
determined that it does not preempt be implemented, and of reasonable ■ 2. Section 902.101 is amended in the
State law and does not have a alternatives to the action and their definition of ‘‘Senior Procurement
substantial direct effect on the States, on expected benefits on energy supply, Executive’’, by removing ‘‘Director,
the relationship between the national distribution, and use. This proposed Office of Acquisition and Supply
government and the States, or on the rule is not a significant energy action. Management’’ and adding in its place
distribution of power and Accordingly, DOE has not prepared a ‘‘Deputy Associate Administrator for
responsibilities among the various Statement of Energy Effects. Acquisition and Project Management’’.
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![15740 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
PART 909—CONTRACTOR PART 931—CONTRACT COST request only, the following information
QUALIFICATIONS PRINCIPLES AND PROCEDURES will be furnished to the head of the
cognizant local DOE Security Office:
909.403 [Amended] ■ 9. Section 931.205–18 is revised to
read as follows: * * * * *
■ 3. Section 909.403 is amended in (j) Foreign ownership, control, or
paragraphs (1) and (2), by removing 931.205–18 Independent research and influence. (1) The Contractor shall
‘‘Director, Office of Acquisition and development (IR&D) and bid and proposal immediately provide the cognizant
Supply Management’’ and adding in its (B&P) costs. security office written notice of any
place ‘‘Deputy Associate Administrator (c) In addition to all the other FAR change in the extent and nature of
for Acquisition and Project requirements for allowability of IR&D foreign ownership, control or influence
Management’’. costs, costs for IR&D are allowable over the Contractor which would affect
under DOE contracts to the extent: they any answer to the questions presented
PART 916—TYPES OF CONTRACTS are not otherwise unallowable; and they in the Standard Form (SF) 328,
916.505 [Amended] have potential benefit or relationship to Certificate Pertaining to Foreign
■ 4. Section 916.505 is amended in the DOE program. The term ‘‘DOE Interests, executed prior to award of this
paragraph (b)(6)(i), by removing program’’ encompasses the DOE total contract. The Contractor will submit the
‘‘Director, Office of Acquisition and mission and its objectives. In addition to Foreign Ownership, Control or
Supply Management,’’ and adding in its all the other FAR requirements for Influence (FOCI) information in the
place ‘‘Deputy Associate Administrator allowability of B&P costs, costs for B&P format directed by DOE. When
for Acquisition and Project are allowable under DOE contracts to completed the Contractor must print
Management,’’. the extent they are not otherwise and sign one copy of the SF 328 and
unallowable. submit it to the Contracting Officer. In
PART 917—SPECIAL CONTRACTING addition, any notice of changes in
METHODS PART 936—CONSTRUCTION AND ownership or control which are required
ARCHITECT-ENGINEER CONTRACTS to be reported to the Securities and
917.602 [Amended] Exchange Commission, the Federal
936.202–70 [Removed and Reserved]
■ 5. Section 917.602 is amended in Trade Commission, or the Department
■ 10. Section 936.202–70 is removed
paragraph (a), by removing ‘‘, Deputy of Justice, shall also be furnished
and reserved.
Secretary or Under Secretary’’. concurrently to the Contracting Officer.
PART 942—CONTRACT * * * * *
PART 922—APPLICATION OF LABOR
ADMINISTRATION AND AUDIT ■ 14. Section 952.204–73 is amended
LAWS TO GOVERNMENT
SERVICES by:
ACQUISITION
942.705–3 [Amended] ■ a. Revising the date of the clause; and
922.804 [Removed and Reserved] ■ b. Revising paragraph (a)(1).
■ 11. Section 942.705–3 is amended by:
■ 6. Section 922.804 is removed and ■ a. Removing the paragraph numbering The revisions read as follows:
reserved. ‘‘(a)(2)’’; and
952.204–73 Facility clearance.
■ b. Removing ‘‘A–88’’ and adding in its
PART 925—FOREIGN ACQUISITION * * * * *
place ‘‘A–21’’.
■ 7. Section 925.103 is amended by Facility Clearance ([(XXX 20XX)])
removing paragraph (a), and revising PART 952—SOLICITATION
PROVISIONS AND CONTRACT * * * * *
paragraph (b)(2)(ii) to read as follows:
CLAUSES (a) Use of Certificate Pertaining to
925.103 Exceptions. Foreign Interests, Standard Form 328.
■ 12. The authority citation for part 952
(b) Nonavailabilty. (1) The contract work anticipated by
continues to read as follows:
(2)(i) Individual determinations. this solicitation will require access to
Authority: 42 U.S.C. 2201; 2282a; 2282b; classified information or special nuclear
Contracting officers may make the 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
determination required by 48 CFR material. Such access will require a
et seq. Facility Clearance for the Contractor’s
25.103(b)(2)(i), provided such
■ 13. Section 952.204–2 is amended by: organization and access authorizations
determination is factually supported in
■ a. Revising the section heading; (security clearances) for Contractor
writing. If the contract is estimated to ■ b. Revising the clause heading and
exceed $1 million, the Head of the personnel working with the classified
clause date; and information or special nuclear material.
Contracting Activity must approve the ■ c. Revising introductory paragraph
determination. To obtain a Facility Clearance the
(h)(2)(vi) and paragraph (j)(1). Contractor must submit the Standard
(ii) Proposals to add an article to the The revisions read as follows:
list of nonavailable articles at 48 CFR Form 328, Certificate Pertaining to
25.104, with appropriate justifications, 952.204–2 Security requirements. Foreign Interests, and all required
must be submitted for approval by the * * * * * supporting documents to form a
Senior Procurement Executive and complete Foreign Ownership, Control or
Security Requirements ([(XXX 20XX)]) Influence (FOCI) Package. The
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submission to the appropriate council.
* * * * * Contractor will submit the Foreign
925.1001 [Amended] (h) * * * Ownership, Control or Influence (FOCI)
■ 8. Section 925.1001 is amended in (2) * * * information in the format directed by
paragraph (b), by removing ‘‘Director, (vi) The Contractor must maintain a DOE. When completed the Contractor
Office of Acquisition and Supply record of information concerning each must print and sign one copy of the SF
Management’’ and adding in its place uncleared applicant or uncleared 328 and submit it to the Contracting
‘‘Deputy Associate Administrator for employee who is selected for a position Officer.
Acquisition and Project Management’’. requiring an access authorization. Upon * * * * *
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15741
952.236–72 [Removed and Reserved] 970.5215–3 [Amended] Contractor Purchasing System ([(XXX
■ 15. Section 952.236–72 is removed ■ 18. Section 970.5215–3, paragraphs 20XX)])
and reserved. (c)(1)(i) and (c)(2)(i) are amended by * * * * *
952.250–70 [Amended] removing ‘‘DOE Order 225.1A’’ and ■ 21. Section 970.5245–1 is amended
adding in its place ‘‘DOE Order 225.1B, by:
■ 16. Section 952.250–70 is amended
or successor version’’. ■ a. Revising the clause date;
by:
■ b. Revising Alternate I heading and
■ a. Revising the date of the clause; and 970.5223–1 [Amended] date; and
■ b. Removing in paragraph (d)(1),
■ 19. Section 970.5223–1 is amended by ■ c. Removing in Alternate I paragraph
‘‘$100 million’’ and adding in its place
removing ‘‘970.2303–3(b)’’ in the clause (j)(3),
‘‘$500 million’’.
introductory paragraph and adding in ■ a. ‘‘Major System Acquisition or Major
The revision reads as follows:
its place, ‘‘970.2303–3(a)’’. Project’’ and adding in its place ‘‘Major
952.250–70 Nuclear hazards indemnity System Project’’, and
■ 20. Section 970.5244–1 is amended
agreement. ■ b. ‘‘DOE Order 4700.1’’ and adding in
by:
* * * * * its place ‘‘DOE Order 413.3B, or
■ a. Revising the clause date; successor version’’.
Nuclear Hazards Indemnity Agreement ■ b. Removing in paragraphs (f)(1) and The revisions read as follows:
([(XXX 20XX)]) (f)(2) ‘‘$100,000’’ and adding in its place
970.5245–1 Property.
* * * * * ‘‘$150,000’’; and
* * * * *
■ c. Removing in paragraph (g)
PART 970—DOE MANAGEMENT AND Property ([(XXX 20XX)])
OPERATING CONTRACTS ‘‘$100,000’’ in both occurrences and
adding in its place ‘‘$500,000’’. * * * * *
■ 17. The authority citation for part 970 The revision read as follows:
continues to read as follows: Alternate I ([(XXX 20XX)]).
Authority: 42 U.S.C. 2201; 2282a; 2282b; 970.5244–1 Contractor purchasing * * * * *
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 system. [FR Doc. 2015–06564 Filed 3–24–15; 8:45 am]
et seq. * * * * * BILLING CODE 6450–01–P
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Document Created: 2018-02-21 09:49:22
Document Modified: 2018-02-21 09:49:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Written comments on the proposed rulemaking must be received on or before close of business April 24, 2015. | |
| Contact | Lawrence Butler, U.S. Department of Energy, Office of Acquisition and Project Management, MA-611, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1945. Email: [email protected] | |
| FR Citation | 80 FR 15737 | |
| RIN Number | 1991-AC00 | |
| CFR Citation | 48
CFR
902 48 CFR 909 48 CFR 916 48 CFR 917 48 CFR 922 48 CFR 925 48 CFR 931 48 CFR 936 48 CFR 942 48 CFR 952 48 CFR 970 |
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