81_FR_2771 81 FR 2760 - Department of the Treasury Acquisition Regulation; Correction

81 FR 2760 - Department of the Treasury Acquisition Regulation; Correction

DEPARTMENT OF THE TREASURY

Federal Register Volume 81, Issue 11 (January 19, 2016)

Page Range2760-2761
FR Document2016-00853

On March 20, 2014 and March 4, 2015, the Department of the Treasury published in the Federal Register amendments to the Department of the Treasury Acquisition Regulation (DTAR). This document includes correcting amendments to address inadvertent errors.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Rules and Regulations]
[Pages 2760-2761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00853]


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DEPARTMENT OF THE TREASURY

48 CFR Parts 1022 and 1052


Department of the Treasury Acquisition Regulation; Correction

AGENCY: Office of the Procurement Executive, Treasury.

ACTION: Correcting amendments.

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

SUMMARY: On March 20, 2014 and March 4, 2015, the Department of the 
Treasury published in the Federal Register amendments to the Department 
of the Treasury Acquisition Regulation (DTAR). This document includes 
correcting amendments to address inadvertent errors.

DATES: Effective date: January 19, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas O'Linn, Procurement Analyst, 
Office of the Procurement Executive, at (202) 622-2092.

SUPPLEMENTARY INFORMATION: The DTAR, which supplement the Federal 
Acquisition Regulation, are codified at 48 CFR chapter 10. In order to 
update certain elements in 48 CFR chapter 10, the Department issued 
final rules on March 20, 2014 (79 FR 15551) and March 4, 2015 (80 FR 
11595). In the final rules, a correction to the heading of section 
1052.201-70 and paragraph (f) of the section were inadvertently 
omitted. In addition, section 1052.222-70 was not incorporated and the 
heading for subpart 1022.70 was incorrectly listed as subpart 1022.7. 
These items are corrected in this document.

List of Subjects in 48 CFR Parts 1022 and 1052

    Government procurement.

    Accordingly, the Department of the Treasury amends 48 CFR chapter 
10 as follows:

PART 1022--MINORITY AND WOMEN INCLUSION

0
1. The authority citation for part 1022 continues to read as follows:

    Authority: 12 U.S.C. 5452.

Subpart 1022.7 [Redesignated as subpart 1022.70]

0
2. Redesignte subpart 1022.7 as subpart 1022.70.

PART 1052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1052 continues to read as follows:

    Authority: 41 U.S.C. 1707.


0
4. In section 1052.201-70, revise the section heading and add paragraph 
(f) to read as follows:

[[Page 2761]]

1052.201-70  Contracting Officer's Representative (COR) appointment and 
authority.

* * * * *
    (f) Failure of the Contractor and the Contracting Officer to agree 
that technical direction is within the scope of the contract shall be 
subject to the terms of the clause entitled ``Disputes.''
0
5. Add Sec.  1052.222-70 to read as follows:


1052.222-70  Minority and Women Inclusion.

    As prescribed in 1022.7000, insert the following clause:

Minority and Women Inclusion (Jan 2016)

    (a) Contractor confirms its commitment to equal opportunity in 
employment and contracting. To implement this commitment, the 
Contractor shall ensure, to the maximum extent possible consistent 
with applicable law, the fair inclusion of minorities and women in 
its workforce. The Contractor shall insert the substance of this 
clause in all subcontracts awarded under this contract whose dollar 
value exceeds $150,000. Within ten business days of a written 
request from the Contracting Officer, or such longer time as the 
Contracting Officer determines, and without any additional 
consideration required from the Agency, the Contractor shall provide 
documentation, satisfactory to the Agency, of the actions it (and as 
applicable, its subcontractors) has undertaken to demonstrate its 
good faith effort to comply with the aforementioned provisions. For 
purposes of this contract, ``good faith effort'' may include actions 
by the Contractor intended to identify and, if present, remove 
barriers to minority and women employment or expansion of employment 
opportunities for minorities and women within its workforce. Efforts 
to remove such barriers may include, but are not limited to, 
recruiting minorities and women, providing job-related training, or 
other activity that could lead to those results.
    (b) The documentation requested by the Contracting Officer to 
demonstrate ``good faith effort'' may include, but is not limited 
to, one or more of the following--
    (1) The total number of Contractor's employees, and the number 
of minority and women employees, by race, ethnicity, and gender 
(e.g., an EEO-1);
    (2) A list of subcontract awards under the contract that 
includes: Dollar amount, date of award, and subcontractor's race, 
ethnicity, and/or gender ownership status;
    (3) Information similar to that required in paragraph (b)(1) of 
this clause, with respect to each subcontractor; and/or
    (4) The Contractor's plan to ensure that minorities and women 
have appropriate opportunities to enter and advance within its 
workforce, including outreach efforts.
    (c) Consistent with Section 342(c)(3) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Pub. L. 111-203) (Dodd-
Frank Act), a failure to demonstrate to the Director of the Agency's 
Office of Minority and Women Inclusion such good faith efforts to 
include minorities and women in the Contractor's workforce (and as 
applicable, the workforce of its subcontractors), may result in 
termination of the contract for default, other contractual remedies, 
or referral to the Office of Federal Contract Compliance Programs 
(OFCCP). Compliance with this clause does not, however, necessarily 
satisfy the requirements of Executive Order 11246, as amended, nor 
does it preclude OFCCP compliance evaluations and/or enforcement 
actions undertaken pursuant to that Executive Order.
    (d) For purposes of this clause, the terms ``minority,'' 
``minority-owned business,'' and ``women-owned business'' shall have 
the meanings set forth in Section 342(g) of the Dodd-Frank Act.


Iris Cooper,
Senior Procurement Executive.
[FR Doc. 2016-00853 Filed 1-15-16; 8:45 am]
BILLING CODE 4810-25-P



                                                  2760                     Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                                                                                             Signal strength contour of area protected from                                               Permissible interfering signal
                                                                                                                             objectionable interference [remove footnote reference]                                                  (μV/m)
                                                                                         Class of channel
                                                      Class of station                                                                            (μV/m)
                                                                                              used
                                                                                                                                                                                                                           Day 1                        Night 2
                                                                                                                                         Day 1                                      Night

                                                  A ...............................   Clear .......................       SC 100 ..........................          SC 500 50% SW ...........                  SC 5 ........................     SC 25.
                                                                                                                          AC 500 ..........................          AC 500 GW ...................              AC 250 ....................       AC 250.
                                                  A (Alaskan) ...............         ......do ......................     SC 100 ..........................          SC 100 50% SW ...........                  SC 5 ........................     SC 5.
                                                                                           ............................   AC 500 ..........................          AC 500 GW ...................              AC 250 ....................       AC 250.
                                                  B ...............................   Clear .......................       500 ................................       2000 1 ............................        25 ............................   25.
                                                                                      Regional ..................         ........................................   ........................................   AC 250 ....................       250.
                                                  C ...............................   Local .......................       500 ................................       No presc.3 .....................           SC 25 ......................      Not presc.
                                                  D ...............................   Clear .......................       500 ................................       Not presc. ......................          SC 25 ......................      Not presc.
                                                                                      Regional ..................         ........................................   ........................................   AC 250.
                                                      1 Groundwave.
                                                      2 Skywave
                                                              field strength for 10 percent or more of the time.
                                                      3 During
                                                            nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400,
                                                  1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.


                                                    Note: SC = Same channel; AC = Adjacent                                   maintained as near as practicable to the                                      SUPPLEMENTARY INFORMATION:       The
                                                  channel; SW = Skywave; GW = Groundwave                                     authorized antenna input power and                                            DTAR, which supplement the Federal
                                                  *     *     *     *     *                                                  may not be less than 90 percent nor                                           Acquisition Regulation, are codified at
                                                                                                                             greater than 105 percent of the                                               48 CFR chapter 10. In order to update
                                                  ■ 6. In § 73.189 revise paragraph (b)(2)                                   authorized power. AM stations may,                                            certain elements in 48 CFR chapter 10,
                                                  to read as follows:                                                        without prior Commission authority,                                           the Department issued final rules on
                                                  § 73.189 Minimum antenna heights or field                                  commence MDCL control technology                                              March 20, 2014 (79 FR 15551) and
                                                  strength requirements.                                                     use, provided that within 10 days after                                       March 4, 2015 (80 FR 11595). In the
                                                  *       *    *     *     *                                                 commencing such operation, the                                                final rules, a correction to the heading
                                                     (b) * * *                                                               licensee submits an electronic                                                of section 1052.201–70 and paragraph
                                                     (2) These minimum actual physical                                       notification of commencement of MDCL                                          (f) of the section were inadvertently
                                                  vertical heights of antennas permitted to                                  control operation using FCC Form 338.                                         omitted. In addition, section 1052.222–
                                                  be installed are shown by curves A, B,                                     The transmitter of an AM station                                              70 was not incorporated and the
                                                  and C of Figure 7 of § 73.190 as follows:                                  operating using MDCL control                                                  heading for subpart 1022.70 was
                                                     (i) Class C stations, and stations in                                   technology, regardless of the MDCL                                            incorrectly listed as subpart 1022.7.
                                                  Alaska, Hawaii, Puerto Rico and the                                        control technology employed, must                                             These items are corrected in this
                                                  U.S. Virgin Islands on 1230, 1240, 1340,                                   achieve full licensed power at some                                           document.
                                                  1400, 1450 and 1490 kHz that were                                          audio input level or when the MDCL
                                                                                                                             control technology is disabled. MDCL                                          List of Subjects in 48 CFR Parts 1022
                                                  formerly Class C and were redesignated                                                                                                                   and 1052
                                                  as Class B pursuant to § 73.26(b), 45                                      control operation must be disabled
                                                  meters or a minimum effective field                                        before field strength measurements on                                              Government procurement.
                                                  strength of 180 mV/m for 1 kW at 1                                         the station are taken.
                                                                                                                                                                                                             Accordingly, the Department of the
                                                  kilometer (90 mV/m for 0.25 kW at 1                                        [FR Doc. 2015–31950 Filed 1–15–16; 8:45 am]
                                                                                                                                                                                                           Treasury amends 48 CFR chapter 10 as
                                                  kilometer). (This height applies to a                                      BILLING CODE 6712–01–P
                                                                                                                                                                                                           follows:
                                                  Class C station on a local channel only.
                                                  Curve A shall apply to any Class C                                                                                                                       PART 1022—MINORITY AND WOMEN
                                                  stations in the 48 conterminous States                                     DEPARTMENT OF THE TREASURY                                                    INCLUSION
                                                  that are assigned to Regional channels.)
                                                     (ii) Class A (Alaska), Class B and Class                                48 CFR Parts 1022 and 1052                                                    ■ 1. The authority citation for part 1022
                                                  D stations other than those covered in                                                                                                                   continues to read as follows:
                                                  § 73.189(b)(2)(i), a minimum effective                                     Department of the Treasury
                                                                                                                             Acquisition Regulation; Correction                                                 Authority: 12 U.S.C. 5452.
                                                  field strength of 215 mV/m for 1 kW at
                                                  1 kilometer.                                                               AGENCY:  Office of the Procurement                                            Subpart 1022.7 [Redesignated as
                                                     (iii) Class A stations, a minimum                                       Executive, Treasury.                                                          subpart 1022.70]
                                                  effective field strength of 275 mV/m for                                   ACTION: Correcting amendments.
                                                  1 kW at 1 kilometer.                                                                                                                                     ■ 2. Redesignte subpart 1022.7 as
                                                  *       *    *     *     *                                                 SUMMARY:   On March 20, 2014 and                                              subpart 1022.70.
                                                                                                                             March 4, 2015, the Department of the
                                                  ■ 5. In § 73.1560 revise paragraph (a)(1)
                                                                                                                             Treasury published in the Federal                                             PART 1052—SOLICITATION
                                                  to read as follows:                                                        Register amendments to the Department                                         PROVISIONS AND CONTRACT
                                                  § 73.1560 Operating power and mode                                         of the Treasury Acquisition Regulation                                        CLAUSES
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  tolerances.                                                                (DTAR). This document includes
                                                    (a) AM stations. (1) Except for AM                                       correcting amendments to address                                              ■ 3. The authority citation for part 1052
                                                  stations using modulation dependent                                        inadvertent errors.                                                           continues to read as follows:
                                                  carrier level (MDCL) control technology,                                   DATES: Effective date: January 19, 2016.                                           Authority: 41 U.S.C. 1707.
                                                  or as provided for in paragraph (d) of                                     FOR FURTHER INFORMATION CONTACT:
                                                  this section, the antenna input power of                                   Thomas O’Linn, Procurement Analyst,                                           ■ 4. In section 1052.201–70, revise the
                                                  an AM station, as determined by the                                        Office of the Procurement Executive, at                                       section heading and add paragraph (f) to
                                                  procedures specified in § 73.51, must be                                   (202) 622–2092.                                                               read as follows:


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                2761

                                                  1052.201–70 Contracting Officer’s                          (2) A list of subcontract awards under the          Atmospheric Administration (NOAA),
                                                  Representative (COR) appointment and                    contract that includes: Dollar amount, date of         Commerce.
                                                  authority.                                              award, and subcontractor’s race, ethnicity,
                                                  *     *     *     *    *                                and/or gender ownership status;                        ACTION: Notification of lobster harvest
                                                    (f) Failure of the Contractor and the                    (3) Information similar to that required in         guideline.
                                                                                                          paragraph (b)(1) of this clause, with respect
                                                  Contracting Officer to agree that                       to each subcontractor; and/or
                                                  technical direction is within the scope                    (4) The Contractor’s plan to ensure that            SUMMARY:   NMFS establishes the annual
                                                  of the contract shall be subject to the                 minorities and women have appropriate                  harvest guideline for the commercial
                                                  terms of the clause entitled ‘‘Disputes.’’              opportunities to enter and advance within its          lobster fishery in the Northwestern
                                                  ■ 5. Add § 1052.222–70 to read as                       workforce, including outreach efforts.                 Hawaiian Islands for calendar year 2016
                                                  follows:                                                   (c) Consistent with Section 342(c)(3) of the        at zero lobsters.
                                                                                                          Dodd-Frank Wall Street Reform and
                                                  1052.222–70      Minority and Women                     Consumer Protection Act (Pub. L. 111–203)              DATES:   January 19, 2016.
                                                  Inclusion.                                              (Dodd-Frank Act), a failure to demonstrate to
                                                    As prescribed in 1022.7000, insert the                the Director of the Agency’s Office of                 FOR FURTHER INFORMATION CONTACT:              Bob
                                                  following clause:                                       Minority and Women Inclusion such good                 Harman, NMFS PIR Sustainable
                                                                                                          faith efforts to include minorities and women          Fisheries, tel 808–725–5170.
                                                  Minority and Women Inclusion (Jan 2016)                 in the Contractor’s workforce (and as
                                                                                                          applicable, the workforce of its                       SUPPLEMENTARY INFORMATION:     NMFS
                                                     (a) Contractor confirms its commitment to            subcontractors), may result in termination of          manages the Northwestern Hawaiian
                                                  equal opportunity in employment and                     the contract for default, other contractual
                                                  contracting. To implement this commitment,                                                                     Islands (NWHI) commercial lobster
                                                                                                          remedies, or referral to the Office of Federal         fishery under the Fishery Ecosystem
                                                  the Contractor shall ensure, to the maximum             Contract Compliance Programs (OFCCP).
                                                  extent possible consistent with applicable              Compliance with this clause does not,                  Plan for the Hawaiian Archipelago. The
                                                  law, the fair inclusion of minorities and               however, necessarily satisfy the requirements          regulations at 50 CFR 665.252(b) require
                                                  women in its workforce. The Contractor shall            of Executive Order 11246, as amended, nor              NMFS to publish an annual harvest
                                                  insert the substance of this clause in all              does it preclude OFCCP compliance                      guideline for lobster Permit Area 1,
                                                  subcontracts awarded under this contract                evaluations and/or enforcement actions
                                                  whose dollar value exceeds $150,000. Within                                                                    comprised of Federal waters around the
                                                                                                          undertaken pursuant to that Executive Order.
                                                  ten business days of a written request from                                                                    NWHI.
                                                                                                             (d) For purposes of this clause, the terms
                                                  the Contracting Officer, or such longer time            ‘‘minority,’’ ‘‘minority-owned business,’’ and            Regulations governing the
                                                  as the Contracting Officer determines, and              ‘‘women-owned business’’ shall have the
                                                  without any additional consideration
                                                                                                                                                                 Papahanaumokuakea Marine National
                                                                                                          meanings set forth in Section 342(g) of the            Monument in the NWHI prohibit the
                                                  required from the Agency, the Contractor                Dodd-Frank Act.
                                                  shall provide documentation, satisfactory to                                                                   unpermitted removal of monument
                                                  the Agency, of the actions it (and as
                                                                                                          Iris Cooper,
                                                                                                                                                                 resources (50 CFR 404.7), and establish
                                                  applicable, its subcontractors) has                                                                            a zero annual harvest guideline for
                                                  undertaken to demonstrate its good faith                Senior Procurement Executive.
                                                                                                                                                                 lobsters (50 CFR 404.10(a)).
                                                  effort to comply with the aforementioned                [FR Doc. 2016–00853 Filed 1–15–16; 8:45 am]
                                                  provisions. For purposes of this contract,                                                                     Accordingly, NMFS establishes the
                                                                                                          BILLING CODE 4810–25–P
                                                  ‘‘good faith effort’’ may include actions by                                                                   harvest guideline for the NWHI
                                                  the Contractor intended to identify and, if                                                                    commercial lobster fishery for calendar
                                                  present, remove barriers to minority and                                                                       year 2016 at zero lobsters. Harvest of
                                                  women employment or expansion of                        DEPARTMENT OF COMMERCE
                                                                                                                                                                 NWHI lobster resources is not allowed.
                                                  employment opportunities for minorities and
                                                  women within its workforce. Efforts to                  National Oceanic and Atmospheric                         Authority: 16 U.S.C. 1801 et seq.
                                                  remove such barriers may include, but are               Administration
                                                                                                                                                                   Dated: January 12, 2016.
                                                  not limited to, recruiting minorities and
                                                  women, providing job-related training, or               50 CFR Part 665                                        Emily H. Menashes,
                                                  other activity that could lead to those results.                                                               Acting Director, Office of Sustainable
                                                     (b) The documentation requested by the               RIN 0648–XE393                                         Fisheries, National Marine Fisheries Service.
                                                  Contracting Officer to demonstrate ‘‘good                                                                      [FR Doc. 2016–00770 Filed 1–15–16; 8:45 am]
                                                  faith effort’’ may include, but is not limited          Pacific Island Fisheries; 2016
                                                  to, one or more of the following—                       Northwestern Hawaiian Islands                          BILLING CODE 3510–22–P
                                                     (1) The total number of Contractor’s                 Lobster Harvest Guideline
                                                  employees, and the number of minority and
                                                  women employees, by race, ethnicity, and                AGENCY:  National Marine Fisheries
                                                  gender (e.g., an EEO–1);                                Service (NMFS), National Oceanic and
asabaliauskas on DSK5VPTVN1PROD with RULES




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Document Created: 2016-01-16 01:11:19
Document Modified: 2016-01-16 01:11:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
ContactThomas O'Linn, Procurement Analyst, Office of the Procurement Executive, at (202) 622-2092.
FR Citation81 FR 2760 
CFR Citation48 CFR 1022
48 CFR 1052

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