81_FR_36353 81 FR 36245 - Federal Acquisition Regulation; Removal of Regulations Relating to Telegraphic Communication

81 FR 36245 - Federal Acquisition Regulation; Removal of Regulations Relating to Telegraphic Communication

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36245-36251
FR Document2016-13189

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to delete the use of ``telegram'', ``telegraph'', and related terms. The objective is to delete reference to obsolete technologies no longer in use and replace with references to electronic communications. In addition, conforming changes are proposed covering expedited notice of termination and change orders.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36245-36251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13189]


=======================================================================
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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53

[FAR Case 2015-035; Docket 2015-0035; Sequence 1]
RIN 9000-AN23


Federal Acquisition Regulation; Removal of Regulations Relating 
to Telegraphic Communication

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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

SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to delete the use of ``telegram'', 
``telegraph'', and related terms. The objective is to delete reference 
to obsolete technologies no longer in use and replace with references 
to electronic communications. In addition, conforming changes are 
proposed covering expedited notice of termination and change orders.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before August 5, 2016 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit comments in response to FAR Case 2015-035 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-035''. Select the link ``Comment Now'' that corresponds with FAR 
Case 2015-035. Follow the instructions provided at the ``Comment Now'' 
screen. Please include your name, company name (if any), and ``FAR Case 
2015-035'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd 
Floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
035, in all correspondence related to this case. Comments received 
generally will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check 
www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAR case 2015-035.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA are proposing to amend the FAR to delete the use 
of the terms ``telegram'', ``telegraph'', ``telegraphic'', and related 
terminology.
    The word ``telegram'' emerged shortly after the invention of the 
electrical telegraph in the 1840s. This terminology and way of 
communicating was incorporated into the first issue of the FAR, 
effective April 1, 1984. The emergence of electronic means of 
communication, starting with the facsimile machine, and then followed 
by email and mobile-phone text

[[Page 36246]]

messages in the 1990s, resulted in the sparing use of telegraph 
services and use of telegrams. On this basis, the Councils are 
proposing to delete telegraphic services from the FAR and replace these 
terms with an option for electronic communications.
    This case is consistent with the Office of Federal Procurement 
Policy (OFPP) Memorandum dated December 4, 2014 on transforming the 
marketplace, which describes ongoing actions to support the needs of a 
21st century Government.

II. Discussion and Analysis

    (1) This rulemaking proposes to delete all references to 
``telegraph'' and ``telegram'' and replace these terms with an option 
for electronic communication.
    (2) At FAR 49.601-1, a revised policy statement is added to allow 
the use of electronic means to notify the contractor of a termination 
for convenience. The objective is to provide an expeditious way to 
notify the contractor of the termination. This change is necessary 
because the abbreviated version of the notice of termination for the 
convenience of the Government is currently linked with the telegraphic 
notice procedure.
    (3) At FAR 49.102, a conforming change is added to allow the use of 
electronic means to notify the contractor of a termination whether the 
termination is for convenience or default.

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 proposed rule is not a major 
rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule to have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq. However, an Initial Regulatory Flexibility Analysis (IRFA) has 
been prepared consistent with 5 U.S.C. 603. The analysis is summarized 
as follows:

    The reason for this action is to delete the use of ``telegram'', 
``telegraph'', and related terms. The Councils are proposing to 
replace these terms with an option for electronic communications. 
The objective is to delete reference to obsolete technologies no 
longer in use within the context of the FAR requirements. The 
proposed rule would apply to all entities, both small and other than 
small, performing as contractors or subcontractors on U.S. 
Government contracts. In 2014 there were about 350,000 active 
registrants in the System for Award Management (SAM). DoD, GSA, and 
NASA estimate approximately half of the registrants in SAM (175,000) 
are small entities that will receive a contract or subcontract in a 
given year. In 2014 small entities received 1,398,605 or about 9 
percent of all actions in that year per the Federal Procurement Data 
System (FPDS). However, the small entities will not be materially 
affected by this rule, as the only change provided in this rule is 
recognition of current options for transmitting documents between 
the Government and contractors. It does not change the policy 
requiring the Government to notify contractors of a contract 
termination. The Government is still responsible to obtain evidence 
of receipt of termination from the contractor.
    There are no reporting or recordkeeping requirements associated 
with this rule.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There were no significant alternatives identified that would 
meet the objective of the rule.

    The Regulatory Secretariat Division has submitted a copy of the 
IRFA to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the IRFA may be obtained from the Regulatory 
Secretariat Division. DoD, GSA, and NASA invite comments from small 
business concerns and other interested parties on the expected impact 
of this proposed rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 
proposed rule in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 
2015-035), in correspondence.

V. Paperwork Reduction Act

    The proposed 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).

List of Subjects in 48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 
52, and 53

    Government procurement.

    Dated: May 31, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 5, 14, 
19, 22, 25, 28, 43, 47, 49, 52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 
47, 49, 52, and 53 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 5--PUBLICIZING CONTRACT ACTIONS


5.504  [Amended]

0
2. Amend section 5.504 by removing from paragraph (d) ``, telegrams,''.

PART 14--SEALED BIDDING


14.201-6  [Amended]

0
3. Amend section 4.201-6 by removing and reserving paragraph (g).


14.202-2  [Removed and Reserved]

0
4. Remove and reserve section 14.202-2.
0
5. Amend section 14.208 by revising paragraph (b) to read as follows:


14.208  Amendment of invitation for bids.

* * * * *
    (b) Before amending an invitation for bids, the contracting officer 
shall consider the period of time remaining until bid opening and the 
need to extend this period.
* * * * *


14.301  [Amended]

0
6. Amend section 14.301 by removing and reserving paragraph (b).
0
7. Revise section 14.302 to read as follows:


14.302  Bid submission.

    Bids shall be submitted so that they will be received in the office 
designated in the invitation for bids not later than the exact time set 
for opening of bids.
0
8. Amend section 14.303 by revising paragraph (a) to read as follows:


14.303  Modification or withdrawal of bids.

    (a)(1) Bids may be modified or withdrawn by any method authorized 
by the solicitation, if notice is received in the office designated in 
the solicitation not later than the exact time set for opening of bids. 
If the solicitation authorizes facsimile bids, bids may be modified or 
withdrawn via facsimile received at any time before the exact time set 
for receipt of bids, subject to the conditions specified in the 
provision prescribed in 14.201-6(v). Modifications

[[Page 36247]]

received by facsimile shall be sealed in an envelope by a proper 
official. The official shall write on the envelope:
    (i) The date and time of receipt and by whom; and
    (ii) The number of the invitation for bids, and shall sign the 
envelope.
    (2) No information contained in the envelope shall be disclosed 
before the time set for bid opening.
* * * * *


14.407-3  [Amended]

0
9. Amend section 14.407-3 by removing paragraph (g)(4), and 
redesignating paragraph (g)(5) as (g)(4).


14.408-1  [Amended]

0
10. Amend section 14.408-1 by removing from paragraph (d)(2) 
``telegrams or electronic transmissions,'' and adding ``electronic 
communications,'' in its place.

PART 19--SMALL BUSINESS PROGRAMS


19.302  [Amended]

0
11. Amend section 19.302 by removing from paragraph (d)(1)(ii) 
``telegram,''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1003-3  [Amended]

0
12. Amend section 22.1003-3 by removing from paragraph (d) 
``telegraph,''.

PART 25--FOREIGN ACQUISITION


25.401  [Amended]

0
13. Amend section 25.401 in the table, by removing from paragraph 
(b)(2)(iii) the words ``telegraph services,'', and removing ``47 U.S.C. 
153(20))'' and adding ``47 U.S.C. 153(24))'' in its place.

PART 28--BONDS AND INSURANCE


28.101-4  [Amended]

0
14. Amend section 28.101-4 by removing paragraph (c)(6), and 
redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) 
through (8), respectively.

PART 43--CONTRACT MODIFICATIONS

0
15. Amend section 43.201 by revising paragraph (c) to read as follows:


43.201  General.

* * * * *
    (c) The contracting officer may issue a change order by electronic 
means without a SF 30 under unusual or urgent circumstances, provided 
that the message contains substantially the information required by the 
SF 30 and immediate action is taken to issue the SF 30.

PART 47--TRANSPORTATION

0
16. Amend section 47.305-10 by revising paragraph (c) to read as 
follows:


47.305-10  Packing, marking, and consignment instructions.

* * * * *
    (c) If necessary to meet required delivery schedules, the 
contracting officer may issue instructions by telephone or electronic 
means. The contracting officer shall confirm telephonic instructions in 
writing, and confirm electronic instructions if the contracting officer 
did not receive confirmation of receipt.
* * * * *

PART 49--TERMINATION OF CONTRACTS

0
17. Amend section 49.102, paragraph (a), by revising the first and 
second sentences of the introductory text, to read as follows:


49.102  Notice of termination.

    (a) General. The contracting officer shall terminate contracts for 
convenience or default only by a written notice to the contractor. The 
notice of termination may be expedited by means of electronic 
communication capable of providing confirmation of receipt by the 
contractor. When the notice is mailed, it shall be sent by certified 
mail, return receipt requested. * * *
* * * * *
0
18. Amend section 49.601-1 by--
0
a. Revising the section heading; and adding an introductory paragraph;
0
b. Removing from paragraph (a) ``telegraphic'', ``[insert 
``immediately'' '', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately'', (today's date)'', and ``Provide by 
electronic means'' in their places, respectively; and
0
c. Removing from paragraph (b) ``telegraphic'', ``[insert 
``immediately'' '', and ``Telegraph'', and adding ``electronic'', 
``[insert ``immediately'', (today's date)'', and ``Provide by 
electronic means'' in their places, respectively.
    The revision and addition reads as follows:


49.601-1  Electronic notice.

    The contracting officer may provide expedited notice of 
termination, by electronic means, that includes a requirement for the 
contractor to confirm receipt. If the contractor does not confirm 
receipt promptly, the contracting officer shall resend the notice 
electronically, and expedite the letter notice described in 49.601-2. 
If confirmation of the electronic notice is received, and the 
electronic notice includes all content in 49.601-2, the contracting 
officer, at her or his discretion, need not send the letter notice 
described in 49.601-2.
* * * * *
0
19. Amend section 49.601-2 by--
0
a. Revising the third and fourth sentences of the introductory 
paragraph;
0
b. Removing from paragraph (a) ``telegram'' and adding ``electronic 
notice'' in their places, two times; and
0
c. Revising the introductory paragraph of the Alternate notice.
    The revisions read as follows:


49.601-2  Letter notice.

    * * * This notice shall be sent by certified mail, return receipt 
requested, or electronically, provided evidence of receipt is received 
by the contracting officer. If no prior electronic notice was issued, 
or if no confirmation of an electronic notice was received, use the 
alternate notice that follows this notice.
* * * * *
    Alternate notice. Substitute the following paragraph (a) for 
paragraph (a) of 49.601-2, Notice of Termination to Prime Contractors, 
if no prior electronic notice was issued, or if no confirmation of an 
electronic notice was received:
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
20. Amend section 52.214-3 by--
0
a. Revising the date of the provision; and
0
b. Revising paragraph (b).
    The revisions read as follows:


52.214-3  Amendments to Invitations for Bids.

* * * * *

Amendments to Invitations for Bids (Date)

* * * * *
    (b)(1) Bidders shall acknowledge receipt of any amendment to this 
solicitation:
    (i) By signing and returning the amendment;
    (ii) By identifying the amendment number and date in space provided 
for this purpose on the form for submitting a bid;
    (iii) By letter;
    (iv) By facsimile, if facsimile bids are authorized in the 
solicitation; or
    (v) By email, if email bids are authorized in the solicitation.

[[Page 36248]]

    (2) The Government must receive the acknowledgment by the time and 
at the place specified for receipt of bids.
0
21. Amend section 52.214-5 by--
0
a. Revising the date of the provision;
0
b. Removing paragraph (c); and
0
c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d), 
respectively.
    The revision reads as follows:


52.214-5  Submission of Bids.

* * * * *

Submission of Bids (Date)

* * * * *


52.214-13  [Removed and Reserved]

0
22. Remove and reserve section 52.214-13.

PART 53--FORMS


53.213  [Amended]

0
23. Amend section 53.213 by removing from paragraph (b) ``(10/83)'' and 
adding ``(Date)'' in its place.


53.215-1  [Amended]

0
24. Amend section 53.215-1 by removing from paragraph (b) ``(10/83)'' 
and adding ``(Date)'' in its place.


53.243  [Amended]

0
25. Amend section 53.243 introductory text by removing ``(10/83)'' and 
adding ``(Date)'' in its place.
0
26. Revise section 53.301-30 to read as follows:


53.301-30  Standard Form 30, Amendment of Solicitation/Modification of 
Contract.

 BILLING CODE 6820-EP-P

[[Page 36249]]

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[[Page 36250]]


[GRAPHIC] [TIFF OMITTED] TP06JN16.003


[[Page 36251]]


[FR Doc. 2016-13189 Filed 6-3-16; 8:45 am]
 BILLING CODE 6820-EP-C



                                                                                 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules                                        36245

                                                  PART 165—REGULATED NAVIGATION                              (Sector Northern New England                          communications. In addition,
                                                  AREAS AND LIMITED ACCESS AREAS                             Command Center).                                      conforming changes are proposed
                                                                                                                (c) Penalties. Those who violate this              covering expedited notice of
                                                  ■ 1. The authority citation for part 165                   section are subject to the penalties set              termination and change orders.
                                                  continues to read as follows:                              forth in 33 U.S.C. 1232 and 50 U.S.C.                 DATES: Interested parties should submit
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                1226.                                                 written comments to the Regulatory
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                     (d) Notification. Coast Guard Sector               Secretariat Division at one of the
                                                  Department of Homeland Security Delegation                 Northern New England will give notice                 addresses shown below on or before
                                                  No. 0170.1.                                                through the Local Notice to Mariners,                 August 5, 2016 to be considered in the
                                                                                                             Broadcast Notice to Mariners, and to                  formulation of a final rule.
                                                  ■ 2. Add § 165.T01–3029 to read as
                                                                                                             mariners for the purpose of enforcement               ADDRESSES: Submit comments in
                                                  follows:
                                                                                                             of this temporary safety zone. Sector                 response to FAR Case 2015–035 by any
                                                  § 165.T01–0329 Safety Zone—Casco Bay                       Northern New England will also notify                 of the following methods:
                                                  Islands Swim Event—Casco Bay, Portland,                    the public to the greatest extent possible               • Regulations.gov: http://
                                                  Maine.                                                     of any period in which the Coast Guard                www.regulations.gov. Submit comments
                                                    (a) General. Establish a temporary                       will suspend enforcement of this safety               via the Federal eRulemaking portal by
                                                  safety zone:                                               zone.                                                 searching for ‘‘FAR Case 2015–035’’.
                                                    (1) Location. The following area is a                       (e) COTP Representative. The COTP’s                Select the link ‘‘Comment Now’’ that
                                                  safety zone: All navigable waters, from                    representative may be any Coast Guard                 corresponds with FAR Case 2015–035.
                                                  surface to bottom, within (200) feet from                  commissioned, warrant, or petty officer               Follow the instructions provided at the
                                                  the participants and vessels in support                    or any Federal, state, or local law                   ‘‘Comment Now’’ screen. Please include
                                                  of events in Casco Bay, Portland, ME,                      enforcement officer who has been                      your name, company name (if any), and
                                                  and enclosed by a line connecting the                      designated by the COTP to act on the                  ‘‘FAR Case 2015–035’’ on your attached
                                                  following points (NAD 83):                                 COTP’s behalf. The COTP’s                             document.
                                                                                                             representative may be on a Coast Guard                   • Mail: General Services
                                                        Latitude                       Longitude             vessel, a Coast Guard Auxiliary vessel,               Administration, Regulatory Secretariat
                                                                                                             a state or local law enforcement vessel,              Division (MVCB), ATTN: Ms. Flowers,
                                                  43°42′47″   N    ..........   70°07′07″ W.; thence   to.   or a location on shore.
                                                  43°38′09″   N    ..........   70°11′57″ W.; thence   to.                                                         1800 F Street NW., 2nd Floor,
                                                  43°38′57″   N    ..........   70°12′55″ W.; thence   to.     Dated: May 16, 2016.                                Washington, DC 20405.
                                                  43°41′31″   N    ..........   70°11′37″ W.; thence   to.   M.A. Baroody,                                            Instructions: Please submit comments
                                                  43°43′25″   N    ..........   70°08′25″ W.; thence   to    Captain, U. S. Coast Guard, Captain of the            only and cite FAR Case 2015–035, in all
                                                                                  point of origin.           Port, Sector Northern New England.                    correspondence related to this case.
                                                                                                             [FR Doc. 2016–13342 Filed 6–3–16; 8:45 am]            Comments received generally will be
                                                     (2) Effective and Enforcement Period.                   BILLING CODE 9110–04–P                                posted without change to http://
                                                  This rule will be effective on August 14,                                                                        www.regulations.gov, including any
                                                  2016, from 6:30 a.m. to 12:00 p.m.                                                                               personal and/or business confidential
                                                     (b) Regulations. While this safety zone                 DEPARTMENT OF DEFENSE                                 information provided. To confirm
                                                  is being enforced, the following                                                                                 receipt of your comment(s), please
                                                  regulations, along with those contained                    GENERAL SERVICES                                      check www.regulations.gov,
                                                  in 33 CFR 165.23, apply:                                   ADMINISTRATION                                        approximately two to three days after
                                                     (1) No person or vessel may enter or                                                                          submission to verify posting (except
                                                  remain in this safety zone without the                     NATIONAL AERONAUTICS AND                              allow 30 days for posting of comments
                                                  permission of the Captain of the Port                      SPACE ADMINISTRATION                                  submitted by mail).
                                                  (COTP) or the COTP’s representatives.                                                                            FOR FURTHER INFORMATION CONTACT: Ms.
                                                  However, any vessel that is granted                        48 CFR Parts 5, 14, 19, 22, 25, 28, 43,               Zenaida Delgado, Procurement Analyst,
                                                  permission by the COTP or the COTP’s                       47, 49, 52, and 53                                    at 202–969–7207, for clarification of
                                                  representatives must proceed through                                                                             content. For information pertaining to
                                                  the area with caution and operate at a                     [FAR Case 2015–035; Docket 2015–0035;
                                                                                                             Sequence 1]                                           status or publication schedules, contact
                                                  speed no faster than that speed                                                                                  the Regulatory Secretariat Division at
                                                  necessary to maintain a safe course,                       RIN 9000–AN23                                         202–501–4755. Please cite FAR case
                                                  unless otherwise required by the                                                                                 2015–035.
                                                  Navigation Rules.                                          Federal Acquisition Regulation;
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                     (2) Any person or vessel permitted to                   Removal of Regulations Relating to
                                                  enter the safety zone shall comply with                    Telegraphic Communication                             I. Background
                                                  the directions and orders of the COTP                      AGENCY:  Department of Defense (DoD),                    DoD, GSA, and NASA are proposing
                                                  or the COTP’s representatives. Upon                        General Services Administration (GSA),                to amend the FAR to delete the use of
                                                  being hailed by a U.S. Coast Guard                         and National Aeronautics and Space                    the terms ‘‘telegram’’, ‘‘telegraph’’,
                                                  vessel by siren, radio, flashing lights, or                Administration (NASA).                                ‘‘telegraphic’’, and related terminology.
                                                  other means, the operator of a vessel                      ACTION: Proposed rule.                                   The word ‘‘telegram’’ emerged shortly
                                                  within the zone shall proceed as                                                                                 after the invention of the electrical
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  directed. Any person or vessel within                      SUMMARY:   DoD, GSA, and NASA are                     telegraph in the 1840s. This terminology
                                                  the safety zone shall exit the zone when                   proposing to amend the Federal                        and way of communicating was
                                                  directed by the COTP or the COTP’s                         Acquisition Regulation (FAR) to delete                incorporated into the first issue of the
                                                  representatives.                                           the use of ‘‘telegram’’, ‘‘telegraph’’, and           FAR, effective April 1, 1984. The
                                                     (3) To obtain permissions required by                   related terms. The objective is to delete             emergence of electronic means of
                                                  this regulation, individuals may reach                     reference to obsolete technologies no                 communication, starting with the
                                                  the COTP or a COTP representative via                      longer in use and replace with                        facsimile machine, and then followed
                                                  VHF channel 16 or 207–767–0302                             references to electronic                              by email and mobile-phone text


                                             VerDate Sep<11>2014     16:27 Jun 03, 2016   Jkt 238001   PO 00000   Frm 00060   Fmt 4702   Sfmt 4702   E:\FR\FM\06JNP1.SGM   06JNP1


                                                  36246                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules

                                                  messages in the 1990s, resulted in the                  with 5 U.S.C. 603. The analysis is                       Dated: May 31, 2016.
                                                  sparing use of telegraph services and                   summarized as follows:                                 William Clark,
                                                  use of telegrams. On this basis, the                       The reason for this action is to delete the         Director, Office of Government-wide
                                                  Councils are proposing to delete                        use of ‘‘telegram’’, ‘‘telegraph’’, and related        Acquisition Policy, Office of Acquisition
                                                  telegraphic services from the FAR and                   terms. The Councils are proposing to replace           Policy, Office of Government-wide Policy.
                                                  replace these terms with an option for                  these terms with an option for electronic                Therefore, DoD, GSA, and NASA
                                                  electronic communications.                              communications. The objective is to delete             propose amending 48 CFR parts 5, 14,
                                                     This case is consistent with the Office              reference to obsolete technologies no longer           19, 22, 25, 28, 43, 47, 49, 52, and 53 as
                                                  of Federal Procurement Policy (OFPP)                    in use within the context of the FAR                   set forth below:
                                                                                                          requirements. The proposed rule would
                                                  Memorandum dated December 4, 2014                                                                              ■ 1. The authority citation for 48 CFR
                                                                                                          apply to all entities, both small and other
                                                  on transforming the marketplace, which                  than small, performing as contractors or               parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52,
                                                  describes ongoing actions to support the                subcontractors on U.S. Government                      and 53 continues to read as follows:
                                                  needs of a 21st century Government.                     contracts. In 2014 there were about 350,000              Authority: 40 U.S.C. 121(c); 10 U.S.C.
                                                                                                          active registrants in the System for Award             chapter 137; and 51 U.S.C. 20113.
                                                  II. Discussion and Analysis                             Management (SAM). DoD, GSA, and NASA
                                                     (1) This rulemaking proposes to delete               estimate approximately half of the registrants         PART 5—PUBLICIZING CONTRACT
                                                  all references to ‘‘telegraph’’ and                     in SAM (175,000) are small entities that will
                                                                                                          receive a contract or subcontract in a given
                                                                                                                                                                 ACTIONS
                                                  ‘‘telegram’’ and replace these terms with
                                                  an option for electronic communication.                 year. In 2014 small entities received                  5.504    [Amended]
                                                     (2) At FAR 49.601–1, a revised policy                1,398,605 or about 9 percent of all actions in
                                                                                                          that year per the Federal Procurement Data             ■ 2. Amend section 5.504 by removing
                                                  statement is added to allow the use of                  System (FPDS). However, the small entities             from paragraph (d) ‘‘, telegrams,’’.
                                                  electronic means to notify the contractor               will not be materially affected by this rule,
                                                  of a termination for convenience. The                   as the only change provided in this rule is            PART 14—SEALED BIDDING
                                                  objective is to provide an expeditious                  recognition of current options for
                                                  way to notify the contractor of the                     transmitting documents between the                     14.201–6     [Amended]
                                                  termination. This change is necessary                   Government and contractors. It does not                ■ 3. Amend section 4.201–6 by
                                                  because the abbreviated version of the                  change the policy requiring the Government             removing and reserving paragraph (g).
                                                  notice of termination for the                           to notify contractors of a contract
                                                                                                          termination. The Government is still                   14.202–2     [Removed and Reserved]
                                                  convenience of the Government is
                                                                                                          responsible to obtain evidence of receipt of           ■ 4. Remove and reserve section
                                                  currently linked with the telegraphic                   termination from the contractor.                       14.202–2.
                                                  notice procedure.                                          There are no reporting or recordkeeping             ■ 5. Amend section 14.208 by revising
                                                     (3) At FAR 49.102, a conforming                      requirements associated with this rule.                paragraph (b) to read as follows:
                                                  change is added to allow the use of                        The rule does not duplicate, overlap, or
                                                  electronic means to notify the contractor               conflict with any other Federal rules.                 14.208    Amendment of invitation for bids.
                                                  of a termination whether the                               There were no significant alternatives              *     *     *    *     *
                                                  termination is for convenience or                       identified that would meet the objective of
                                                                                                                                                                   (b) Before amending an invitation for
                                                  default.                                                the rule.
                                                                                                                                                                 bids, the contracting officer shall
                                                  III. Executive Orders 12866 and 13563                     The Regulatory Secretariat Division                  consider the period of time remaining
                                                                                                          has submitted a copy of the IRFA to the                until bid opening and the need to
                                                     Executive Orders (E.O.s) 12866 and                   Chief Counsel for Advocacy of the Small                extend this period.
                                                  13563 direct agencies to assess all costs               Business Administration. A copy of the
                                                  and benefits of available regulatory                                                                           *     *     *    *     *
                                                                                                          IRFA may be obtained from the
                                                  alternatives and, if regulation is                      Regulatory Secretariat Division. DoD,                  14.301    [Amended]
                                                  necessary, to select regulatory                         GSA, and NASA invite comments from                     ■ 6. Amend section 14.301 by removing
                                                  approaches that maximize net benefits                   small business concerns and other                      and reserving paragraph (b).
                                                  (including potential economic,                          interested parties on the expected                     ■ 7. Revise section 14.302 to read as
                                                  environmental, public health and safety                 impact of this proposed rule on small                  follows:
                                                  effects, distributive impacts, and                      entities.
                                                  equity). E.O. 13563 emphasizes the                        DoD, GSA, and NASA will also                         14.302    Bid submission.
                                                  importance of quantifying both costs                    consider comments from small entities                    Bids shall be submitted so that they
                                                  and benefits, of reducing costs, of                     concerning the existing regulations in                 will be received in the office designated
                                                  harmonizing rules, and of promoting                     subparts affected by the proposed rule                 in the invitation for bids not later than
                                                  flexibility. This is not a significant                  in accordance with 5 U.S.C. 610.                       the exact time set for opening of bids.
                                                  regulatory action and, therefore, was not               Interested parties must submit such                    ■ 8. Amend section 14.303 by revising
                                                  subject to review under section 6(b) of                 comments separately and should cite 5                  paragraph (a) to read as follows:
                                                  E.O. 12866, Regulatory Planning and                     U.S.C. 610 (FAR Case 2015–035), in
                                                  Review, dated September 30, 1993. This                                                                         14.303    Modification or withdrawal of bids.
                                                                                                          correspondence.
                                                  proposed rule is not a major rule under                                                                          (a)(1) Bids may be modified or
                                                  5 U.S.C. 804.                                           V. Paperwork Reduction Act                             withdrawn by any method authorized
                                                                                                            The proposed rule does not contain                   by the solicitation, if notice is received
                                                  IV. Regulatory Flexibility Act                                                                                 in the office designated in the
                                                                                                          any information collection requirements
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                                                     DoD, GSA, and NASA do not expect                     that require the approval of the Office of             solicitation not later than the exact time
                                                  this proposed rule to have a significant                Management and Budget under the                        set for opening of bids. If the solicitation
                                                  economic impact on a substantial                        Paperwork Reduction Act (44 U.S.C.                     authorizes facsimile bids, bids may be
                                                  number of small entities within the                     chapter 35).                                           modified or withdrawn via facsimile
                                                  meaning of the Regulatory Flexibility                                                                          received at any time before the exact
                                                  Act, 5 U.S.C. 601, et seq. However, an                  List of Subjects in 48 CFR Parts 5, 14,                time set for receipt of bids, subject to the
                                                  Initial Regulatory Flexibility Analysis                 19, 22, 25, 28, 43, 47, 49, 52, and 53                 conditions specified in the provision
                                                  (IRFA) has been prepared consistent                       Government procurement.                              prescribed in 14.201–6(v). Modifications


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                                                                            Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules                                              36247

                                                  received by facsimile shall be sealed in                message contains substantially the                     not confirm receipt promptly, the
                                                  an envelope by a proper official. The                   information required by the SF 30 and                  contracting officer shall resend the
                                                  official shall write on the envelope:                   immediate action is taken to issue the                 notice electronically, and expedite the
                                                    (i) The date and time of receipt and                  SF 30.                                                 letter notice described in 49.601–2. If
                                                  by whom; and                                                                                                   confirmation of the electronic notice is
                                                    (ii) The number of the invitation for                 PART 47—TRANSPORTATION                                 received, and the electronic notice
                                                  bids, and shall sign the envelope.                      ■ 16. Amend section 47.305–10 by                       includes all content in 49.601–2, the
                                                    (2) No information contained in the                   revising paragraph (c) to read as follows:             contracting officer, at her or his
                                                  envelope shall be disclosed before the                                                                         discretion, need not send the letter
                                                  time set for bid opening.                               47.305–10 Packing, marking, and                        notice described in 49.601–2.
                                                  *      *    *     *     *                               consignment instructions.                              *      *     *    *     *
                                                                                                          *      *     *     *    *                              ■ 19. Amend section 49.601–2 by—
                                                  14.407–3    [Amended]                                      (c) If necessary to meet required                   ■ a. Revising the third and fourth
                                                  ■ 9. Amend section 14.407–3 by                          delivery schedules, the contracting                    sentences of the introductory paragraph;
                                                  removing paragraph (g)(4), and                          officer may issue instructions by                      ■ b. Removing from paragraph (a)
                                                  redesignating paragraph (g)(5) as (g)(4).               telephone or electronic means. The                     ‘‘telegram’’ and adding ‘‘electronic
                                                                                                          contracting officer shall confirm                      notice’’ in their places, two times; and
                                                  14.408–1    [Amended]
                                                                                                          telephonic instructions in writing, and                ■ c. Revising the introductory paragraph
                                                  ■  10. Amend section 14.408–1 by                        confirm electronic instructions if the                 of the Alternate notice.
                                                  removing from paragraph (d)(2)                          contracting officer did not receive                       The revisions read as follows:
                                                  ‘‘telegrams or electronic transmissions,’’              confirmation of receipt.
                                                  and adding ‘‘electronic                                                                                        49.601–2    Letter notice.
                                                                                                          *      *     *     *    *
                                                  communications,’’ in its place.                                                                                   * * * This notice shall be sent by
                                                                                                          PART 49—TERMINATION OF                                 certified mail, return receipt requested,
                                                  PART 19—SMALL BUSINESS                                                                                         or electronically, provided evidence of
                                                                                                          CONTRACTS
                                                  PROGRAMS                                                                                                       receipt is received by the contracting
                                                                                                          ■ 17. Amend section 49.102, paragraph                  officer. If no prior electronic notice was
                                                  19.302   [Amended]
                                                                                                          (a), by revising the first and second                  issued, or if no confirmation of an
                                                  ■  11. Amend section 19.302 by                          sentences of the introductory text, to
                                                  removing from paragraph (d)(1)(ii)                                                                             electronic notice was received, use the
                                                                                                          read as follows:                                       alternate notice that follows this notice.
                                                  ‘‘telegram,’’.
                                                                                                          49.102    Notice of termination.                       *     *      *     *     *
                                                  PART 22—APPLICATION OF LABOR                               (a) General. The contracting officer                   Alternate notice. Substitute the
                                                  LAWS TO GOVERNMENT                                      shall terminate contracts for                          following paragraph (a) for paragraph (a)
                                                  ACQUISITIONS                                            convenience or default only by a written               of 49.601–2, Notice of Termination to
                                                                                                          notice to the contractor. The notice of                Prime Contractors, if no prior electronic
                                                  22.1003–3    [Amended]
                                                                                                          termination may be expedited by means                  notice was issued, or if no confirmation
                                                  ■  12. Amend section 22.1003–3 by                                                                              of an electronic notice was received:
                                                                                                          of electronic communication capable of
                                                  removing from paragraph (d)                                                                                    *     *      *     *     *
                                                                                                          providing confirmation of receipt by the
                                                  ‘‘telegraph,’’.
                                                                                                          contractor. When the notice is mailed, it
                                                                                                          shall be sent by certified mail, return                PART 52—SOLICITATION PROVISIONS
                                                  PART 25—FOREIGN ACQUISITION                                                                                    AND CONTRACT CLAUSES
                                                                                                          receipt requested. * * *
                                                  25.401   [Amended]                                      *      *    *       *      *                           ■ 20. Amend section 52.214–3 by—
                                                  ■ 13. Amend section 25.401 in the table,                ■ 18. Amend section 49.601–1 by—                       ■ a. Revising the date of the provision;
                                                  by removing from paragraph (b)(2)(iii)                  ■ a. Revising the section heading; and                 and
                                                  the words ‘‘telegraph services,’’, and                  adding an introductory paragraph;                      ■ b. Revising paragraph (b).
                                                  removing ‘‘47 U.S.C. 153(20))’’ and                     ■ b. Removing from paragraph (a)                         The revisions read as follows:
                                                  adding ‘‘47 U.S.C. 153(24))’’ in its place.             ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’ ’’,
                                                                                                          and ‘‘Telegraph’’, and adding                          52.214–3    Amendments to Invitations for
                                                  PART 28—BONDS AND INSURANCE                             ‘‘electronic’’, ‘‘[insert ‘‘immediately’’,             Bids.
                                                                                                          (today’s date)’’, and ‘‘Provide by                     *       *    *     *     *
                                                  28.101–4    [Amended]
                                                                                                          electronic means’’ in their places,                    Amendments to Invitations for Bids
                                                  ■ 14. Amend section 28.101–4 by
                                                                                                          respectively; and                                      (Date)
                                                  removing paragraph (c)(6), and                          ■ c. Removing from paragraph (b)
                                                  redesignating paragraphs (c)(7) through                 ‘‘telegraphic’’, ‘‘[insert ‘‘immediately’’ ’’,         *      *     *     *    *
                                                  (9) as paragraphs (c)(6) through (8),                   and ‘‘Telegraph’’, and adding                            (b)(1) Bidders shall acknowledge
                                                  respectively.                                           ‘‘electronic’’, ‘‘[insert ‘‘immediately’’,             receipt of any amendment to this
                                                                                                          (today’s date)’’, and ‘‘Provide by                     solicitation:
                                                  PART 43—CONTRACT                                                                                                 (i) By signing and returning the
                                                  MODIFICATIONS                                           electronic means’’ in their places,
                                                                                                          respectively.                                          amendment;
                                                    15. Amend section 43.201 by revising                     The revision and addition reads as                    (ii) By identifying the amendment
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  ■
                                                  paragraph (c) to read as follows:                       follows:                                               number and date in space provided for
                                                                                                                                                                 this purpose on the form for submitting
                                                  43.201   General.                                       49.601–1     Electronic notice.                        a bid;
                                                  *     *    *    *     *                                   The contracting officer may provide                    (iii) By letter;
                                                    (c) The contracting officer may issue                 expedited notice of termination, by                      (iv) By facsimile, if facsimile bids are
                                                  a change order by electronic means                      electronic means, that includes a                      authorized in the solicitation; or
                                                  without a SF 30 under unusual or                        requirement for the contractor to                        (v) By email, if email bids are
                                                  urgent circumstances, provided that the                 confirm receipt. If the contractor does                authorized in the solicitation.


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                                                  36248                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules

                                                     (2) The Government must receive the                  Submission of Bids (Date)                              53.215–1     [Amended]
                                                  acknowledgment by the time and at the                                                                          ■ 24. Amend section 53.215–1 by
                                                                                                          *      *      *       *      *
                                                  place specified for receipt of bids.                                                                           removing from paragraph (b) ‘‘(10/83)’’
                                                  ■ 21. Amend section 52.214–5 by—                        52.214–13     [Removed and Reserved]                   and adding ‘‘(Date)’’ in its place.
                                                  ■ a. Revising the date of the provision;                ■ 22. Remove and reserve section                       53.243    [Amended]
                                                  ■ b. Removing paragraph (c); and                        52.214–13.                                             ■ 25. Amend section 53.243
                                                  ■ c. Redesignating paragraphs (d) and
                                                                                                                                                                 introductory text by removing ‘‘(10/83)’’
                                                                                                          PART 53—FORMS                                          and adding ‘‘(Date)’’ in its place.
                                                  (e), as paragraphs (c) and (d),
                                                                                                                                                                 ■ 26. Revise section 53.301–30 to read
                                                  respectively.                                           53.213     [Amended]
                                                                                                                                                                 as follows:
                                                     The revision reads as follows:                       ■ 23. Amend section 53.213 by
                                                                                                          removing from paragraph (b) ‘‘(10/83)’’                53.301–30 Standard Form 30, Amendment
                                                  52.214–5    Submission of Bids.                                                                                of Solicitation/Modification of Contract.
                                                                                                          and adding ‘‘(Date)’’ in its place.
                                                  *      *     *       *      *                                                                                  BILLING CODE 6820–EP–P
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                             VerDate Sep<11>2014   16:27 Jun 03, 2016   Jkt 238001   PO 00000   Frm 00063   Fmt 4702   Sfmt 4702   E:\FR\FM\06JNP1.SGM    06JNP1


                                                                                                                        1. GONTRACT 1D CobE                           Pace        of   PaGEs
     AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
2. AMENDMENTMODIFICATION NUMBER                                    3. EFFECTIVE DATE         4: 8   iSIOhI                         DN MUMBCE:      15. PROJECT NUMBER (if applicabie}


8. IsSUEO BY                                           CODE                                  7. ADMINISTERED BY {if other than tem 6)              COOE           2




8. NAME AND ADDRESS OF CONTRAC TOR {Womber, street. county. State and ZIP Code)                                       {X)       sa. aMENDMENT— of soucttation Numser



                                                                                                                                98. DATED.;SEE JTEM 11)

                                                                                                                                10A. MODIFICATION OF CONTRACTNORDER NUMBER


                                                                                                                                108. DATED {SEEITEM 13

CODE                                                            FACILITY CODE
                                              11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
:""""E The above numbered sofcitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers L     | is extended.
Offers must acknowledge receipt of this amendmentprior to the hour and date          in the   solici   »             by one of the
{a) By complating items & and 15, and returning                copias of the amendment; (b) By acknowledging receipt ofthis amendmant on each copy of the offer submitted;
or (c) By separate lefter or electronic communication which incl        m       to the sobeitat     d                           FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECENED AT THE PLACE DESIGNATED FOR THE RECEIPT.OF OFFERS:PRIOR TO THE—HOUR AND DATE SPECIFIED MAY RESULT iN REJECTION—OF YOUR OFFER, If
by virtue of this amendmant you desire to change an offer already submitted, such change may be made by letter or         i              icati       ide   each       latter or        i
         i         mal           to the    solf     d this      d       and is       d prior to the opening hour and date
12. ACCOUNTING AND APPROPRIATION DATA (ff required)


                                         13. THISITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS&ORDERS,
                                          IT MODIFIES THECONTRACTIORDER NUMBER AS DESCRIBED IN ITEM14,
 CHECK ONE |A.— THIS CHANGE ORDER IS ISSUED PURSUANT TO; (Specity euthonty) THE                                ET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
mTDLOO~|        NUMBER N TEM 10A


                       . THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES [such as changes in paying office,
                   o




                         appropriation data, efc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103().

                        THIS SUPPLEMENTAL AGREEMENT 18 ENTERED INTO PURSUANT TO AUTHORITY OF:
                   &




                       .~.OTHER (Specify type of modification and authonty)
   1




E. IMPORTANT: Contractor L_J
                         || is not                        [ |
                                                          L_J    is required to sign this document and return                            copies to the issuing office.

14. DESCRIPTION OF AMENDMENTMODIFICATION (Organized by UCF section hoadings. including solfeitation/contract subject matter where foasible:)




Except as      i        horein, all to             i    afthe                   in tem SA or 10A, as heretofore changed, remains unchanged and in full force and effect.
154. NAMEAND TITLE OF SIGNER {Type or print}                                               18A; NAME AND TITLE OF CONTRACTING OFFICER (Typeor print




158. CONTRACTOR/OFFEROR                                                150. DATE SIGNED [16B8, UNITED STATES OF AMERICA                                                 180. DATE SGNED


             (Sipnature ofparson authorzed to sign)                                                         (Signature ofContracting Offcer)

Previous edition unusable                                                                                                        STANDARD FORM 30 (REV. [DATE])
                                                                                                                                  Prescribed by GSA FAR (48. CFR) §%.243


                                                 INSTRUCTIONS (Back Page):
                         Instructions for items other than those that are seif-explanatary, are as follows:


                                  e). Insert the contract type           (2) Accounting ClaSSHfICANIOM         ........ccllcllcululls.
                                  ppears in the title block of               Netdecrease                       $ anonmmmmmnemmmmime
      the contract being modified.
                                                                         NOTE: If there are—changes to multiple accounting
      Item3(Effecti                                                      classifications that cannot be placed in block 12,
                                                                         insert an asterisk and the words "See continuation
      {1) Fora solicitation amendment, change order,                     sheet".
            oradministrative change, the effective date
            shall be the issue date of the amendment,              (g)   Item13. Check the appropriate box to indicate the
            change order, or administrative change.                      type of modification. Insert in the corresponding
                                                                         blank the authority under which the modification is
      (2)   For a supplemental agreement, the effective
                                                                         issued. ‘Check whether or not contractor must sign
            date shall be the date agreed to by the
                                                                         this document. (See FAR 43.103.)
            contracting parties.

      (3)   For a modification issued as an initial or             (h)   Item14(DescriptionofAmendment/Medification}.
            confirming notice of termination for the
            convenience of the Government, the effective                 {1) Organize amendments or modifications under
            date and the modification number of the                            the appropriate Uniform Contract Format (UCF)
            confirming notice shall be the same as the                         section headings from the applicable
            effective date and modification number of the                      solicitation or—contract. The UCF table of
            initial notice.                                                    contents, however, shall not be set forth in this
                                                                               document.
      (4) Fora modification converting a termination for
          default to a termination for the convenience of                (2)    Indicate the impact of the modification on the
            the Government, the effective date shall be the                    overall total contract price by inserting one of
            same as the effective date of the termination for                  the following entries:
            default.
                                                                               {i) Total contract price increased by $ ..._._.__._._._.
      (5)   Fora modification confirming the contracting
            officer‘s determination of the amount due in
                                                                               {ii) Total contract price decreased by $..........
            seftflement of a contract termination, the effective
            date shall be the same as the effective date of
                                                                               {if) Total contract price unchanged.
            the initial decision.

                                                                         {(3) State reason for modification.
                     By). Insert the name and address of
                       . If applicable, insert the                       (4)    When removing, reinstating, or adding funds,
      appropriate issuing office code in the—code block.                       identify the contract items and accounting
                                                                               classifications.
(d)   item 8 (Name and Address of Contractor). For
      modifications to a contract or order, enter the
      contractor‘s name, address, and code as shown in
                                                                         5)    When the SF 30 is used to reflect a
                                                                               determination by the contracting officer of the
      the original contract or arder, unless changed by                        amount due in seftlement of a contract
      this of a previous modification.                                         terminated for the convenience of the
                                                                               Government, the entry in Item 14 of the
(e)   Items 9, (Amendment of Solicitation Number —                             modification may be limited to ——
      Dated),and10,(ModificationofContract/Order
      Number — Dated). Check the appropriate box and in
                                                                               {i) Areference to the letter determination; and
      the corresponding blanks insert the number and
      date of the original solicitation, contract, or order.
                                                                               (if}) Astatement of the net amount determined
                                                                                     to be due in settlement of the contract.
®)
      When appropriate, indicate the impact of the                       (6)   Include subject matter or short title of
      modification on each affected accounting                                 solicitation/contract where feasible.
      classification by inserting one of the following
      entries:                                                     () tem 168. The contracting officer‘s signature is not
                                                                      required on solicitation amendments. The
      {1) Accounting classification ...                               contracting officer‘s signature is normaily affixed last
            Net increase               $ _                            on supplemental agreements.
                                                                                    STANDARD FORM 30 (REV. (DATE]) BACK


                                                                            Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules                                            36251

                                                  [FR Doc. 2016–13189 Filed 6–3–16; 8:45 am] • Mail: NMFS, Greater Atlantic                                      existing specifications and possession
                                                  BILLING CODE 6820–EP–C                  Regional Fisheries Office, 55 Great                                    limits remain in effect until they are
                                                                                          Republic Drive, Gloucester, MA 01930.                                  replaced. In addition to setting
                                                                                          Mark the outside of the envelope                                       specifications, the Council desired to
                                                  DEPARTMENT OF COMMERCE                  ‘‘Comments on Skate Framework 3.’’                                     modify the in-season management of the
                                                                                             Instructions: Comments must be                                      skate wing fishery, including a new
                                                  National Oceanic and Atmospheric        submitted by one of the above methods                                  seasonal allocation of the quota in a
                                                  Administration                          to ensure that the comments are                                        framework adjustment.
                                                                                          received, documented, and considered                                      In September 2015, the Council’s
                                                  50 CFR Part 648                         by NMFS. Comments sent by any other                                    Scientific and Statistical Committee
                                                                                          method, to any other address or                                        reviewed updated information on the
                                                  [Docket No. 160301164–6164–01]          individual, or received after the end of                               status of the seven species in the skate
                                                                                          the comment period, may not be                                         complex, including new research on
                                                  RIN 0648–BF87                                                                                                  discard mortality rates, and
                                                                                          considered. All comments received are
                                                                                          a part of the public record and will                                   recommended an ABC of 31,081 mt for
                                                  Fisheries of the Northeastern United
                                                                                          generally be posted for public viewing                                 2016 and 2017 (a 12-percent reduction
                                                  States; Northeast Skate Complex
                                                                                          on www.regulations.gov without change.                                 from 2015). The recommended catch
                                                  Fishery; Framework Adjustment 3 and
                                                                                          All personal identifying information                                   reduction is based on trawl survey
                                                  2016–2017 Specifications
                                                                                          (e.g., name, address) submitted                                        biomass declines in little and clearnose
                                                  AGENCY: National Marine Fisheries       voluntarily by the sender will be                                      skates, as well as adjustments to
                                                  Service (NMFS), National Oceanic and    publicly accessible. Do not submit                                     historical catch estimates derived from
                                                  Atmospheric Administration (NOAA),      confidential business information, or                                  the new discard mortality rate data
                                                  Commerce.                               otherwise sensitive or protected                                       (lower than previously assumed).
                                                  ACTION: Proposed rule; request for      information. NMFS will accept                                          According to the most recent stock
                                                  comments.                               anonymous comments (enter ‘‘N/A’’ in                                   status information, no skates are
                                                                                          the required fields if you wish to remain                              experiencing overfishing, and only
                                                  SUMMARY: This rule proposes regulations anonymous).                                                            thorny skate is in an overfished
                                                  to approve and implement measures in                                                                           condition. Thorny skate continues to be
                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Framework Adjustment 3 and 2016–                                                                               a prohibited species as part of its long-
                                                                                          Tobey Curtis, Fishery Policy Analyst,
                                                  2017 Specifications (Framework 3) to                                                                           term stock rebuilding plan. More details
                                                                                          (978) 281–9273.
                                                  the Northeast Skate Complex Fishery                                                                            are provided in the EA (see ADDRESSES).
                                                                                          SUPPLEMENTARY INFORMATION:                                                The Council’s Skate Oversight
                                                  Management Plan (FMP). Framework 3
                                                  would implement skate fishery           Background                                                             Committee and Advisory Panel (AP) met
                                                  specifications and a new seasonal quota                                                                        in October 2015 to develop specification
                                                                                             The New England Fishery                                             recommendations for Council
                                                  allocation for the skate wing fishery.  Management Council is responsible for
                                                  The action is necessary to update the                                                                          consideration, following the procedures
                                                                                          developing management measures for                                     in Amendment 3 to the Skate FMP (75
                                                  Skate FMP to be consistent with the     skate fisheries in the northeastern U.S.
                                                  most recent scientific information, and                                                                        FR 34049, June 16, 2010). Following
                                                                                          through the Northeast Skate Complex                                    these procedures, the recommended
                                                  improve management of the skate         Fishery Management Plan (Skate FMP).
                                                  fisheries. The proposed action is                                                                              ABC reduction, in addition to increases
                                                                                          Seven skate species are managed under                                  in the skate discard rate in recent years,
                                                  expected to help conserve skate stocks, the Skate FMP: Winter; little; thorny;
                                                  while maintaining economic                                                                                     resulted in a 23-percent decline in the
                                                                                          barndoor; smooth; clearnose; and                                       total allowable landings (TAL) from
                                                  opportunities for the skate fisheries.  rosette. The Council’s Scientific and                                  2015 levels. Due to the 23-percent
                                                  DATES: Comments must be received on     Statistical Committee reviews the best                                 reduction in the TAL, the Committee
                                                  or before June 21, 2016.                available information on the status of                                 and AP discussed tradeoffs between
                                                  ADDRESSES: Copies of the framework,     skate populations and makes                                            reducing possession limits versus
                                                  including the Environmental             recommendations on acceptable                                          seasonally allocating the TAL in an
                                                  Assessment and Regulatory Impact        biological catch (ABC) for the skate                                   effort to avoid in-season closures and
                                                  Review (EA/RIR) and other supporting    complex (all seven species). This                                      maintain a steady supply of skate wings
                                                  documents for the action are available  recommendation is then used as the                                     across the year.
                                                  from Thomas A. Nies, Executive          basis for catch limits and other
                                                  Director, New England Fishery           management measures for the skate                                      Proposed Framework Adjustment
                                                  Management Council, 50 Water Street,    fisheries.                                                             Measure
                                                  Mill 2, Newburyport, MA 01950. The         The regulations implementing the                                       The Council ultimately decided to
                                                  framework is also accessible via the    Skate FMP at 50 CFR part 648, subpart                                  recommend status quo possession limits
                                                  Internet at: http://                    O, outline the management procedures                                   (see Proposed Specification Measures),
                                                  www.greateratlantic.fisheries.noaa.gov. and measures for the skate fisheries.                                  but to use a framework adjustment to
                                                     You may submit comments, identified Specifications including the annual                                     allocate 57 percent of the skate wing
                                                  by NOAA–NMFS–2016–0054, by any          catch limit (ACL), annual catch target                                 TAL to a Season 1 quota (May 1–August
                                                  one of the following methods:           (ACT), total allowable landings (TALs)                                 31). Under this action, the Regional
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                     • Electronic Submissions: Submit all for the skate wing and bait fisheries, and                             Administrator would be given the
                                                  electronic public comments via the      possession limits may be specified for                                 authority to reduce the skate wing
                                                  Federal e-Rulemaking portal. Go to      up to 2 years. The current specifications                              possession limit from 2,600 lb (1,179 kg)
                                                  www.regulations.gov/                    were implemented as part of Framework                                  to an incidental catch level of 500 lb
                                                  #!docketDetail;D=NOAA-NMFS-2016-        Adjustment 2 to the Skate FMP (79 FR                                   (227 kg) when 85 percent of the Season
                                                  0054, click the ‘‘Comment Now!’’ icon,  51504, August 29, 2014). The Council is                                1 quota is projected to be landed. If 85
                                                  complete the required fields, and enter required to develop new specifications                                 percent of the Season 1 quota is
                                                  or attach your comments.                for the 2016 and 2017 fishing years. The                               projected to be landed between May 1


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Document Created: 2016-06-04 00:16:55
Document Modified: 2016-06-04 00:16:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties should submit written comments to the
ContactMs. Zenaida Delgado, Procurement Analyst, at 202-969-7207, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAR case 2015-035.
FR Citation81 FR 36245 
RIN Number9000-AN23
CFR Citation48 CFR 14
48 CFR 19
48 CFR 22
48 CFR 25
48 CFR 28
48 CFR 43
48 CFR 47
48 CFR 49
48 CFR 52
48 CFR 53
48 CFR 5

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