81 FR 36473 - Defense Federal Acquisition Regulation Supplement; Technical Amendments
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 81, Issue 109 (June 7, 2016)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 109 (June 7, 2016)
| Page Range | 36473-36474 | |
| FR Document | 2016-13258 |
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)] [Rules and Regulations] [Pages 36473-36474] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13258] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 207, 209, 211, 215, 237, 242, 245, and 252 Defense Federal Acquisition Regulation Supplement; Technical Amendments AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. DATES: Effective June 7, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; facsimile 571-372-6094. SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows-- 1. Directs contracting officers to DFARS Procedures, Guidance, and Information (PGI) for information on the Governmentwide moratorium on public-private competitions by adding a cross reference at DFARS 207.302 and 237.102(b); 2. Corrects a typographical error at DFARS 209.505-4(b)(ii); 3. Updates hyperlinks to information on passive radio frequency identification at DFARS 211.275-2(a)(2) and paragraphs (b)(1)(ii) and (d)(2) of DFARS clause 252.211-7006; 4. Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect $700,000 in lieu of $750,000 because that threshold was not subject to the inflation adjustment at DFARS Case 2014-D025 published in the Federal Register at 80 FR 36903; 5. Updates DFARS 237.102-75 to reference the ``Defense Acquisition Guidebook, Chapter 14, Acquisition of Services'' instead of the ``Guidebook for the Acquisition of Services;'' 6. Updates DFARS 237.102-77 to reference the ``Acquisition Requirements Roadmap Tool'' instead of the ``Automated Requirements Roadmap Tool;'' 7. Corrects a cross reference at DFARS 242.7202(a) by changing paragraph (e) to paragraph (d) of the clause at 252.242.7004; and 8. Corrects a cross reference at DFARS 245.102(4)(i) by changing PGI 245.201-71 to PGI 245.103-72. List of Subjects in 48 CFR 207, 209, 211, 215, 237, 242, 245, and 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 207, 209, 211, 215, 237, 242, 245, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 207, 209, 211, 215, 237, 242, 245, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 207--ACQUISITION PLANNING 0 2. Add subpart 207.3 to read as follows: Subpart 207.3--Contractor Versus Government Performance Sec. 207.302 Policy. Subpart 207.3--Contractor Versus Government Performance 207.302 Policy. See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A-76. PART 209--CONTRACTOR QUALIFICATIONS 209.505-4 [Amended] 0 3. In section 209.505-4, amend paragraph (b)(ii) by removing ``nondisclosure'' and adding ``non-disclosure'' in its place everywhere it appears. PART 211--DESCRIBING AGENCY NEEDS 211.275-2 [Amended] 0 4. In section 211.275-2, amend paragraph (a)(2) introductory text by removing ``http://www.acq.osd.mil/log/rfid/'' and adding ``http:// www.acq.osd.mil/log/sci/RFID_ship-to-locations.html'' in its place. PART 215--CONTRACTING BY NEGOTIATION 215.408 [Amended] 0 5. Amend section 215.408, in paragraph (3)(ii)(A)(1)(i), by removing ``$750,000'' and adding ``$700,000'' in its place. PART 237--SERVICE CONTRACTING 0 6. Amend section 237.102 by adding paragraph (b) to read as follows: 237.102 Policy. (b) See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A-76. * * * * * 0 7. Revise section 237.102-75 to read as follows: 237.102-75 Defense Acquisition Guidebook. See PGI 237.102-75 for information on the Defense Acquisition Guidebook, Chapter 14, Acquisition of Services. 237.102-77 [Amended] 0 8. In section 237.102-77, amend the heading and the introductory text by removing ``Automated'' and adding ``Acquisition'' in both places. PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES 242.7202 [Amended] 0 9. In section 242.7202, amend paragraph (a) introductory text by removing ``paragraph (e)'' and adding ``paragraph (d)'' in its place. PART 245--GOVERNMENT PROPERTY 245.102 [Amended] 0 10. In section 245.102, amend paragraph (4)(i) by removing ``PGI 245.201-71'' and adding ``PGI 245.103-72'' in its place. [[Page 36474]] PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211-7006 [Amended] 0 11. Amend section 252.211-7006 by-- 0 a. Removing the clause date ``(SEP 2011)'' and adding ``(JUN 2016)'' in its place; 0 b. In paragraph (b)(1)(ii) introductory text, removing ``http:// www.acq.osd.mil/log/rfid/'' and adding ``http://www.acq.osd.mil/log/ sci/RFID_ship-to-locations.html'' in its place; 0 c. In paragraph (d)(2), removing ``located at http://www.acq.osd.mil/ log/rfid/tag_data.htm'' and adding ``located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ ait.html'' in its place. [FR Doc. 2016-13258 Filed 6-6-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations 36473
U.S. Coast Guard Sector Detroit on and paragraphs (b)(1)(ii) and (d)(2) of disclosure’’ in its place everywhere it
channel 16, VHF–FM. The Coast Guard DFARS clause 252.211–7006; appears.
will give notice to the public via Local 4. Corrects a threshold at DFARS
Notice to Mariners and VHF radio 215.408(3)(ii)(A)(1)(i) to reflect $700,000 PART 211—DESCRIBING AGENCY
broadcasts that the regulation is in in lieu of $750,000 because that NEEDS
effect. threshold was not subject to the
211.275–2 [Amended]
This document is issued under inflation adjustment at DFARS Case
authority of § 165.941 and 5 U.S.C. 2014–D025 published in the Federal ■ 4. In section 211.275–2, amend
552(a). If the Captain of the Port Register at 80 FR 36903; paragraph (a)(2) introductory text by
determines that any of these safety 5. Updates DFARS 237.102–75 to removing ‘‘http://www.acq.osd.mil/log/
zones need not be enforced for the full reference the ‘‘Defense Acquisition rfid/’’ and adding ‘‘http://
duration stated in this document, he Guidebook, Chapter 14, Acquisition of www.acq.osd.mil/log/sci/RFID_ship-to-
may suspend such enforcement and Services’’ instead of the ‘‘Guidebook for locations.html’’ in its place.
notify the public of the suspension via the Acquisition of Services;’’
a Broadcast Notice to Mariners. 6. Updates DFARS 237.102–77 to PART 215—CONTRACTING BY
reference the ‘‘Acquisition NEGOTIATION
Dated: June 1, 2016.
Requirements Roadmap Tool’’ instead of
Scott B. Lemasters, 215.408 [Amended]
the ‘‘Automated Requirements Roadmap
Captain, U.S. Coast Guard, Captain of the Tool;’’
Port Detroit.
■ 5. Amend section 215.408, in
7. Corrects a cross reference at DFARS paragraph (3)(ii)(A)(1)(i), by removing
[FR Doc. 2016–13324 Filed 6–6–16; 8:45 am] 242.7202(a) by changing paragraph (e) to ‘‘$750,000’’ and adding ‘‘$700,000’’ in
BILLING CODE 9110–04–P paragraph (d) of the clause at its place.
252.242.7004; and
8. Corrects a cross reference at DFARS PART 237—SERVICE CONTRACTING
DEPARTMENT OF DEFENSE 245.102(4)(i) by changing PGI 245.201–
71 to PGI 245.103–72. ■ 6. Amend section 237.102 by adding
Defense Acquisition Regulations paragraph (b) to read as follows:
System List of Subjects in 48 CFR 207, 209, 211,
215, 237, 242, 245, and 252 237.102 Policy.
48 CFR Parts 207, 209, 211, 215, 237, Government procurement. (b) See PGI 207.302 for information on
242, 245, and 252 the Governmentwide moratorium and
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations restrictions on public-private
Defense Federal Acquisition competitions conducted pursuant to
Regulation Supplement; Technical System.
Therefore, 48 CFR parts 207, 209, 211, Office of Management and Budget
Amendments (OMB) Circular A–76.
215, 237, 242, 245, and 252 are
AGENCY: Defense Acquisition amended as follows: * * * * *
Regulations System, Department of ■ 1. The authority citation for 48 CFR ■ 7. Revise section 237.102–75 to read
Defense (DoD). parts 207, 209, 211, 215, 237, 242, 245, as follows:
ACTION: Final rule. and 252 continues to read as follows:
237.102–75 Defense Acquisition
SUMMARY: DoD is making technical Authority: 41 U.S.C. 1303 and 48 CFR
Guidebook.
amendments to the Defense Federal chapter 1.
See PGI 237.102–75 for information
Acquisition Regulation Supplement PART 207—ACQUISITION PLANNING on the Defense Acquisition Guidebook,
(DFARS) to provide needed editorial
2. Add subpart 207.3 to read as Chapter 14, Acquisition of Services.
changes. ■
DATES: Effective June 7, 2016. follows: 237.102–77 [Amended]
FOR FURTHER INFORMATION CONTACT: Ms. Subpart 207.3—Contractor Versus ■ 8. In section 237.102–77, amend the
Jennifer L. Hawes, Defense Acquisition Government Performance
heading and the introductory text by
Regulations System, Sec. removing ‘‘Automated’’ and adding
OUSD(AT&L)DPAP(DARS), Room 207.302 Policy. ‘‘Acquisition’’ in both places.
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060. Subpart 207.3—Contractor Versus PART 242—CONTRACT
Telephone 571–372–6115; facsimile Government Performance ADMINISTRATION AND AUDIT
571–372–6094. 207.302 Policy. SERVICES
SUPPLEMENTARY INFORMATION: This final See PGI 207.302 for information on 242.7202 [Amended]
rule amends the DFARS as follows— the Governmentwide moratorium and
1. Directs contracting officers to restrictions on public-private ■ 9. In section 242.7202, amend
DFARS Procedures, Guidance, and competitions conducted pursuant to paragraph (a) introductory text by
Information (PGI) for information on the Office of Management and Budget removing ‘‘paragraph (e)’’ and adding
Governmentwide moratorium on public- (OMB) Circular A–76. ‘‘paragraph (d)’’ in its place.
private competitions by adding a cross
jstallworth on DSK7TPTVN1PROD with RULES
reference at DFARS 207.302 and PART 209—CONTRACTOR PART 245—GOVERNMENT PROPERTY
237.102(b); QUALIFICATIONS 245.102 [Amended]
2. Corrects a typographical error at
DFARS 209.505–4(b)(ii); 209.505–4 [Amended] ■ 10. In section 245.102, amend
3. Updates hyperlinks to information ■ 3. In section 209.505–4, amend paragraph (4)(i) by removing ‘‘PGI
on passive radio frequency paragraph (b)(ii) by removing 245.201–71’’ and adding ‘‘PGI 245.103–
identification at DFARS 211.275–2(a)(2) ‘‘nondisclosure’’ and adding ‘‘non- 72’’ in its place.
VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1](https://thefederalregister.org/doc/81_FR_36582/page/1.svg)
![36474 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
PART 252—SOLICITATION If you have questions on viewing or injuries avoided or reduced in severity
PROVISIONS AND CONTRACT submitting material to the docket, as a result of seat belt use; these benefits
CLAUSES contact Docket Services, telephone (202) are discussed later.
366–9896.
252.211–7006 [Amended] II. Rulemaking Documents
SUPPLEMENTARY INFORMATION:
■ 11. Amend section 252.211–7006 by— A. Availability of Rulemaking
I. Executive Summary
■ a. Removing the clause date ‘‘(SEP Documents
2011)’’ and adding ‘‘(JUN 2016)’’ in its A. Purpose and Summary of the Major
place; Provisions For access to docket FMCSA–2015–
■ b. In paragraph (b)(1)(ii) introductory 0396 to read background documents and
Section 393.93(b)(2)–(3) of the Federal
text, removing ‘‘http://www.acq.osd.mil/ comments received, go to http://
Motor Carrier Safety Regulations
log/rfid/’’ and adding ‘‘http:// www.regulations.gov at any time, or to
(FMCSRs) (49 CFR 393.93) requires
www.acq.osd.mil/log/sci/RFID_ship-to- Docket Services at U.S. Department of
every truck and truck tractor
locations.html’’ in its place; Transportation, Room W12–140, 1200
manufactured on or after July 1, 1971,
■ c. In paragraph (d)(2), removing New Jersey Avenue SE., Washington,
to comply with the National Highway
‘‘located at http://www.acq.osd.mil/log/ DC 20590, between 9 a.m. and 5 p.m.,
Traffic Safety Administration’s
rfid/tag_data.htm’’ and adding ‘‘located Monday through Friday, except Federal
(NHTSA) Federal Motor Vehicle Safety
in the DoD Suppliers’ Passive RFID Standard (FMVSS) No. 208 (49 CFR holidays.
Information Guide at http:// 571.208), relating to the installation of B. Privacy Act
www.acq.osd.mil/log/sci/ait.html’’ in its seat belt assemblies. They must also
place. comply with FMVSS No. 210 (49 CFR In accordance with 5 U.S.C. 553(c),
[FR Doc. 2016–13258 Filed 6–6–16; 8:45 am] 571.210), dealing with the installation of DOT solicits comments from the public
BILLING CODE 5001–06–P seat belt assembly anchorages, and to better inform its rulemaking process.
FMVSS No. 207 (49 CFR 571.207), DOT posts these comments, without
addressing seating systems more edit, including any personal information
DEPARTMENT OF TRANSPORTATION generally. Under FMVSS No. 208, trucks the commenter provides, to
and multipurpose passenger vehicles www.regulations.gov, as described in
Federal Motor Carrier Safety with a Gross Vehicle Weight Rating the system of records notice (DOT/ALL–
Administration (GVWR) of more than 10,000 pounds 14 FDMS), which can be reviewed at
manufactured on or after September 1, www.dot.gov/privacy.
49 CFR Part 392 1990, are allowed by S4.3.2.1 an option
III. Legal Basis for the Rulemaking
to comply by providing a ‘‘complete
[Docket No. FMCSA–2015–0396]
passenger protection system,’’ but This final rule is based on the Motor
RIN 2126–AB87 nearly all CMV manufacturers choose Carrier Act of 1935 (1935 Act) and the
the second compliance option (S4.3.2.2) Motor Carrier Safety Act of 1984 (1984
Driving of Commercial Motor Vehicles: and install a ‘‘belt system.’’ This second Act). The 1935 Act (49 U.S.C. 31502)
Use of Seat Belts option requires a seat belt assembly ‘‘at authorizes FMCSA to prescribe
AGENCY: Federal Motor Carrier Safety each designated seating position.’’ In requirements for the safety of operation
Administration (FMCSA), DOT. short, the FMVSS and FMCSRs require and equipment standards of for-hire and
seat belts at every seating position in a private motor carriers. This final rule is
ACTION: Final rule. property-carrying CMV. directly related to safe motor carrier
SUMMARY: FMCSA revises the Federal In addition, 49 CFR 392.16 requires operations. The 1984 Act (49 U.S.C.
Motor Carrier Safety Regulations that a CMV that has a seat belt assembly 31136) requires FMCSA to adopt
(FMCSRs) by requiring passengers in installed at the driver’s seat shall not be regulations to ensure, among other
property-carrying commercial motor driven unless the driver has properly things, that ‘‘commercial motor vehicles
vehicles (CMVs) to use the seat belt restrained himself or herself with the are maintained, equipped, loaded, and
assembly whenever the vehicles are seat belt assembly. In this final rule,
operated safely’’ (sec. 31136(a)(1)). This
operated on public roads in interstate FMCSA requires that motor carriers and
rule will increase the safety, not only of
commerce. This rule holds motor drivers ensure that passengers riding in
passengers, but also of CMV drivers
carriers and drivers responsible for property-carrying CMVs use their seat
whose control of the vehicle could
ensuring that passengers riding in the belts when the vehicles are operated on
otherwise be affected by unsecured
property-carrying CMV are using the public roads.
passengers potentially thrown about the
seat belts required by the Federal Motor B. Benefits and Costs cab as a result of emergency steering or
Vehicle Safety Standards (FMVSSs). As indicated above, NHTSA requires braking maneuvers.
DATES: This rule is effective August 8, vehicle manufacturers to install driver A 2012 amendment to the 1984 Act
2016. and passenger seat belts in large trucks. requires FMCSA to ensure that CMV
Petitions for Reconsideration of this FMCSA already requires drivers to use drivers are not coerced to violate certain
final rule must be submitted to the their seat belts. However, the FMCSRs provisions of the FMCSRs (sec.
FMCSA Administrator no later than July were previously silent on the use of seat 31136(a)(5)). Coercion is now prohibited
7, 2016. belts by passengers in trucks. This final by 49 CFR 390.6. Given the obvious
jstallworth on DSK7TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: rule requires that every passenger in a value of this final rule and the ease of
Charles A. Horan, Director; Carrier, property-carrying CMV use a seat belt, compliance, the Agency believes that no
Driver, and Vehicle Safety Standards, if one is installed. The only quantifiable one will be coerced not to wear a seat
Office of Policy, Federal Motor Carrier cost of the final rule is the value of the belt. It should be noted that the 1984
Safety Administration, 1200 New Jersey person’s time necessary to buckle the Act also authorizes FMCSA to ‘‘perform
Avenue SE., Washington, DC 20590– seat belt, which is negligible. The other acts [the Agency] considers
0001 or by telephone at (202) 366–5370. benefits of this rule are any fatalities or appropriate’’ (49 U.S.C. 31133(a)(10)).
VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1](https://thefederalregister.org/doc/81_FR_36582/page/2.svg)
Document Created: 2018-02-08 07:31:34
Document Modified: 2018-02-08 07:31:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 7, 2016. | |
| Contact | Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; facsimile 571-372-6094. | |
| FR Citation | 81 FR 36473 | |
| CFR Citation | 48
CFR
207 48 CFR 209 48 CFR 211 48 CFR 215 48 CFR 237 48 CFR 242 48 CFR 245 48 CFR 252 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR