80 FR 58632 - Defense Federal Acquisition Regulation Supplement: Contract Debts-Conform to FAR Section Designations (DFARS Case 2015-D029)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 189 (September 30, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 189 (September 30, 2015)
| Page Range | 58632-58633 | |
| FR Document | 2015-24786 |
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)] [Rules and Regulations] [Pages 58632-58633] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24786] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 232 [Docket No. DARS 2015-0047] RIN 0750-AI70 Defense Federal Acquisition Regulation Supplement: Contract Debts--Conform to FAR Section Designations (DFARS Case 2015-D029) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) subpart on contract debts to conform with the comparable Federal Acquisition Regulation (FAR) subpart. DATES: Effective September 30, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372- 6174. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the numbering structure for various sections in DFARS subpart 232.6 and revising section headings, where appropriate, in order to conform with the FAR. This change will align the DFARS with the same coverage in the FAR. No changes are made beyond the redesignation of DFARS subpart 232.6 section numbers and the conformation of DFARS section headings to the FAR. II. Publication of This Final Rule for Public Comment Is Not Required by Statute ``Publication of proposed regulations'', 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because the DFARS sections are being renumbered merely to conform to the FAR sections and the DFARS section titles are being modified to conform to the FAR section titles. The content of the DFARS sections remains unchanged. This will alleviate any confusion the contracting officers may have and aid in moving between the two regulations with ease. These requirements affect only the internal operating procedures of the Government. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). [[Page 58633]] List of Subjects in 48 CFR Part 232 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 232 is amended as follows: PART 232--CONTRACT FINANCING 0 1. The authority citation for 48 CFR part 232 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 232.605 [Redesignated as 232.602] 0 2. Redesignate section 232.605 as 232.602. 0 3. In the newly redesignated section 232.602, revise the heading to read as follows: 232.602 Responsibilities. * * * * * 232.606 [Redesignated as 232.603] 0 4. Redesignate section 232.606 as 232.603. 0 5. Revise the newly redesignated section 232.603 to read as follows: 232.603 Debt determination. When transferring a case to the contract financing office, follow the procedures at PGI 232.603. 232.610 [Redesignated as 232.604] 0 6. Redesignate section 232.610 as 232.604. 0 7. Revise the newly redesignated section 232.604 to read as follows: 232.604 Demand for payment. When issuing a demand for payment of a contract debt, follow the procedures at PGI 232.604. 232.616 [Redesignated as 232.610] 0 8. Redesignate section 232.616 as 232.610. 0 9. Revise the newly redesignated section 232.610 to read as follows: 232.610 Compromising debts. Only the department/agency contract financing offices (see PGI 232.070(c)) are authorized to compromise debts covered by this subpart. 232.617 [Redesignated as 232.611] 0 10. Redesignate section 232.617 as 232.611. 232.611 [Amended] 0 11. In the newly redesignated section 232.611, amend paragraph (a) by removing ``FAR 32.617(a)(2)'' and adding ``FAR 32.611(a)(2)'' in its place. [FR Doc. 2015-24786 Filed 9-29-15; 8:45 am] BILLING CODE 5001-06-P
![58632 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations
when the Uniform Contract Format is objectives for solicitations and contracts that a procurement policy, regulation,
not used) shall include the annotation for services. These plans should be procedure or form (including an
‘‘provided under separate cover’’ for any tailored to address the performance amendment or modification thereof)
attachment not uploaded to EDA. risks inherent in the specific contract must be published for public comment
(b) Agencies are responsible for type and the work effort addressed by if it has either a significant effect
ensuring the following when posting the contract. (See FAR subpart 46.4.) beyond the internal operating
documents, including contractual Retain quality assurance surveillance procedures of the agency issuing the
instruments, to EDA— plans in the contract file. See http:// policy, regulation, procedure or form, or
(1) The timely distribution of sam.dau.mil, Step Four—Requirements has a significant cost or administrative
documents; and Definition, for examples of quality impact on contractors or offerors. This
(2) That internal controls are in place assurance surveillance plans. final rule is not required to be published
to ensure that— [FR Doc. 2015–24785 Filed 9–29–15; 8:45 am]
(i) The electronic version of a contract for public comment, because the DFARS
document in EDA is an accurate
BILLING CODE 5001–06–P sections are being renumbered merely to
representation of the contract; and conform to the FAR sections and the
(ii) The contract data in EDA is an DFARS section titles are being modified
DEPARTMENT OF DEFENSE
accurate representation of the to conform to the FAR section titles. The
underlying contract. Defense Acquisition Regulations content of the DFARS sections remains
System unchanged. This will alleviate any
204.270–2 Procedures. confusion the contracting officers may
The procedures at PGI 204.270–2 48 CFR Part 232 have and aid in moving between the two
provide details on how to record the regulations with ease. These
results of data verification in EDA. [Docket No. DARS 2015–0047]
requirements affect only the internal
When these procedures are followed, RIN 0750–AI70 operating procedures of the
contract documents in EDA are an Government.
accurate representation of the contract Defense Federal Acquisition
and therefore may be used for audit Regulation Supplement: Contract III. Executive Orders 12866 and 13563
purposes. Debts—Conform to FAR Section
Designations (DFARS Case 2015– Executive Orders (E.O.s) 12866 and
■ 5. Revise section 204.802 to read as 13563 direct agencies to assess all costs
follows: D029)
and benefits of available regulatory
204.802 Contract files.
AGENCY: Defense Acquisition alternatives and, if regulation is
Regulations System, Department of necessary, to select regulatory
(a) Any document posted to the Defense (DoD).
Electronic Document Access (EDA) approaches that maximize net benefits
ACTION: Final rule. (including potential economic,
system is part of the contract file and is
accessible by multiple parties, including SUMMARY: DoD is issuing a final rule environmental, public health and safety
the contractor. Do not include in EDA amending the Defense Federal effects, distributive impacts, and
contract documents that are classified, Acquisition Regulation Supplement equity). E.O. 13563 emphasizes the
too sensitive for widespread distribution (DFARS) subpart on contract debts to importance of quantifying both costs
(e.g., personally identifiable information conform with the comparable Federal and benefits, of reducing costs, of
and Privacy Act and Health Insurance Acquisition Regulation (FAR) subpart. harmonizing rules, and of promoting
Portability and Accountability Act), or DATES: Effective September 30, 2015. flexibility. This is not a significant
attachments that cannot be practicably regulatory action and, therefore, was not
FOR FURTHER INFORMATION CONTACT: Ms.
converted to electronic format (e.g., subject to review under section 6(b) of
Julie Hammond, telephone 571–372–
samples, drawings, and models). E.O. 12866, Regulatory Planning and
6174.
Inclusion of any document in EDA other Review, dated September 30, 1993. This
than contracts, modifications, and SUPPLEMENTARY INFORMATION:
rule is not a major rule under 5 U.S.C.
orders is optional. I. Background 804.
(f) A photocopy, facsimile, electronic,
mechanically-applied and printed DoD is amending the numbering IV. Regulatory Flexibility Act
signature, seal, and date are considered structure for various sections in DFARS
to be an original signature, seal, and subpart 232.6 and revising section The Regulatory Flexibility Act does
date. headings, where appropriate, in order to not apply to this rule because this final
conform with the FAR. This change will rule does not constitute a significant
204.805 [Amended] align the DFARS with the same coverage DFARS revision within the meaning of
in the FAR. No changes are made FAR 1.501–1, and 41 U.S.C. 1707 does
■ 6. Amend section 204.805, paragraph
beyond the redesignation of DFARS not require publication for public
(1), by removing ‘‘official contract files’’
subpart 232.6 section numbers and the comment.
and adding ‘‘contract files’’ in its place.
conformation of DFARS section
headings to the FAR. V. Paperwork Reduction Act
PART 237—SERVICE CONTRACTING
II. Publication of This Final Rule for The rule does not contain any
■ 7. Revise section 237.172 to read as
mstockstill on DSK4VPTVN1PROD with RULES
Public Comment Is Not Required by information collection requirements that
follows: Statute require the approval of the Office of
237.172 Service contracts surveillance. ‘‘Publication of proposed Management and Budget under the
Ensure that quality assurance regulations’’, 41 U.S.C. 1707, is the Paperwork Reduction Act (44 U.S.C.
surveillance plans are prepared in statute which applies to the publication chapter 35).
conjunction with the preparation of the of the Federal Acquisition Regulation.
statement of work or statement of Paragraph (a)(1) of the statute requires
VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1](https://thefederalregister.org/doc/80_FR_58821/page/1.svg)
![Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations 58633
List of Subjects in 48 CFR Part 232 removing ‘‘FAR 32.617(a)(2)’’ and including the performance of post-
adding ‘‘FAR 32.611(a)(2)’’ in its place. construction inspections, Type B
Government procurement.
[FR Doc. 2015–24786 Filed 9–29–15; 8:45 am] onshore gas gathering line leak surveys,
Jennifer L. Hawes, BILLING CODE 5001–06–P
qualifying plastic pipe joiners, ethanol
Editor, Defense Acquisition Regulations regulation, pipe transportation, offshore
System. pipeline condition report filing,
pressure reduction calculations for
Therefore, 48 CFR part 232 is DEPARTMENT OF TRANSPORTATION
hazardous liquid pipeline anomalies,
amended as follows:
Pipeline and Hazardous Materials and components fabricated by welding.
PART 232—CONTRACT FINANCING Safety Administration II. Petitions for Reconsideration
■ 1. The authority citation for 48 CFR 49 CFR Part 192 Collectively, PHMSA received four
part 232 continues to read as follows: petitions for reconsideration of the final
[Docket No. PHMSA–2010–0026; Amdt. Nos. rule from the American Public Gas
Authority: 41 U.S.C. 1303 and 48 CFR 191–23; 192–120; 195–100]
chapter 1. Association (APGA), the American Gas
RIN 2137–AE59 Association (AGA), the Interstate
232.605 [Redesignated as 232.602] Natural Gas Association (INGAA), and
Pipeline Safety: Miscellaneous the National Association of Pipeline
■ 2. Redesignate section 232.605 as Changes to Pipeline Safety Safety Representatives (NAPSR). The
232.602. Regulations: Response to Petitions for APGA, the AGA, and NAPSR expressed
■ 3. In the newly redesignated section Reconsideration concerns about the provisions of the
232.602, revise the heading to read as final rule applicable to construction
follows: AGENCY: Pipeline and Hazardous
inspection in § 192.305. INGAA and the
Materials Safety Administration
232.602 Responsibilities. AGA expressed concerns applicable to
(PHMSA), Department of Transportation
* * * * * provisions in the final rule applicable to
(DOT).
components fabricated by welding.
232.606 [Redesignated as 232.603] ACTION: Final rule; response to petitions
for reconsideration. Components Fabricated by Welding; 49
■ 4. Redesignate section 232.606 as CFR 192.153 and 192.165(b)(3)
232.603. SUMMARY: On March 11, 2015, PHMSA
published a final rule amending the In the final rule published on March
■ 5. Revise the newly redesignated
pipeline safety regulations to make 11, 2015, PHMSA added paragraph (e)
section 232.603 to read as follows: to § 192.153 requiring that ‘‘a
miscellaneous changes that updated and
232.603 Debt determination. clarified certain regulatory component having a design pressure
requirements. These amendments established under paragraph (a) or
When transferring a case to the
addressed several subject matter areas, paragraph (b) of this section and subject
contract financing office, follow the
including the performance of post- to the strength testing requirements of
procedures at PGI 232.603.
construction inspections, Type B § 192.505(b) must be tested to at least
232.610 [Redesignated as 232.604] onshore gas gathering line leak surveys, 1.5 times the MAOP.’’ PHMSA also
qualifying plastic pipe joiners, ethanol modified § 192.165(b)(3) to cross-
■ 6. Redesignate section 232.610 as reference this new subsection. In the
232.604. regulation, pipe transportation, offshore
pipeline condition report filing, preamble to the final rule, PHMSA
■ 7. Revise the newly redesignated noted ‘‘this proposal is not a change to
pressure reduction calculations for
section 232.604 to read as follows: the current pressure testing
hazardous liquid pipeline anomalies,
and components fabricated by welding. requirements found in Part 192, but [is]
232.604 Demand for payment.
This final rule responds to petitions for simply a clarification to ensure a clearer
When issuing a demand for payment understanding of PHMSA’s pressure
of a contract debt, follow the procedures reconsideration of the final rule.
testing requirements for certain ASME
at PGI 232.604. DATES: The effective date of the BPVC vessels located in compressor
amendment to 49 CFR 192.305, stations, meter stations and other Class
232.616 [Redesignated as 232.610] published at 80 FR 12779, March 11, 3 or Class 4 locations’’ (80 FR 12772,
■ 8. Redesignate section 232.616 as 2015, is delayed indefinitely. PHMSA March 11, 2015).
232.610. will publish a document in the Federal
On April 10, 2015, INGAA and AGA
Register announcing a new effective
■ 9. Revise the newly redesignated filed separate petitions for
date.
section 232.610 to read as follows: reconsideration with PHMSA regarding
FOR FURTHER INFORMATION CONTACT: Kay this change (Docket No. PHMSA–2010–
232.610 Compromising debts. McIver, Transportation Specialist, by 0026). INGAA stated that PHMSA’s
Only the department/agency contract telephone at 202–366–0113, or by modifications to these code sections
financing offices (see PGI 232.070(c)) are electronic mail at kay.mciver@dot.gov. were not merely a clarification, but a
authorized to compromise debts covered SUPPLEMENTARY INFORMATION: departure from industry and agency
by this subpart. understanding and practice, and require
I. Background additional review. Specifically, INGAA
mstockstill on DSK4VPTVN1PROD with RULES
232.617 [Redesignated as 232.611] claimed that PHMSA changed the
On March 11, 2015, PHMSA
■ 10. Redesignate section 232.617 as published a final rule amending the acceptable test factor for a pressure
232.611. pipeline safety regulations to make vessel built under the American Society
miscellaneous changes that update and or Mechanical Engineers (ASME) Boiler
232.611 [Amended]
clarify certain regulatory requirements and Pressure Vessel Code (BPVC) from
■ 11. In the newly redesignated section (80 FR 12762). These amendments the ASME requirements of 1.3 times the
232.611, amend paragraph (a) by address several subject matter areas, Maximum Allowable Working Pressure
VerDate Sep<11>2014 17:12 Sep 29, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1](https://thefederalregister.org/doc/80_FR_58821/page/2.svg)
Document Created: 2015-12-15 09:31:46
Document Modified: 2015-12-15 09:31:46
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 30, 2015. | |
| Contact | Ms. Julie Hammond, telephone 571-372- 6174. | |
| FR Citation | 80 FR 58632 | |
| RIN Number | 0750-AI70 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR