81_FR_44100 81 FR 43971 - Acquisition Regulation: Contractor Business Systems-Definition and Administration

81 FR 43971 - Acquisition Regulation: Contractor Business Systems-Definition and Administration

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 129 (July 6, 2016)

Page Range43971-43972
FR Document2016-15937

On April 1, 2014, the U.S. Department of Energy (DOE) published a rule in the Federal Register proposing to amend the Department of Energy Acquisition Regulation (DEAR). DOE hereby withdraws this proposed rule.

Federal Register, Volume 81 Issue 129 (Wednesday, July 6, 2016) 
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Proposed Rules]
[Pages 43971-43972]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15937]


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DEPARTMENT OF ENERGY

48 CFR Parts 915, 934, 942, 944, 945, and 952

RIN 1991-AC01


Acquisition Regulation: Contractor Business Systems--Definition 
and Administration

AGENCY: Department of Energy.

ACTION: Proposed rulemaking; withdrawal.

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SUMMARY: On April 1, 2014, the U.S. Department of Energy (DOE) 
published a rule in the Federal Register proposing to amend the 
Department of Energy Acquisition Regulation (DEAR). DOE hereby 
withdraws this proposed rule.

DATES: The proposed rule that appeared in the Federal Register on April 
1, 2014 at 79 FR 18415 is withdrawn as of July 6, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Tiedeman, U.S. Department of 
Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue

[[Page 43972]]

SW., Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On April 1, 2014, the U.S. Department of 
Energy (DOE) published a rule proposing to amend the Department of 
Energy Acquisition Regulation (DEAR) to define contractor business 
system as an accounting system, estimating system, purchasing system, 
earned value management system (EVMS), and property management system 
(79 FR 18415). In the proposed rulemaking, DOE proposed to implement 
compliance enforcement mechanisms in the form of a contractor business 
system clause and related clauses that included a provision that would 
allow contracting officers to withhold a percentage of payments, under 
certain conditions, when a contractor's business system contained 
significant deficiencies. However, the Department has determined that 
it will not proceed with the rulemaking and, as such, is withdrawing 
the proposed rule.

    Issued in Washington, DC, on June 23, 2016.
Berta Schreiber,
Director, Office of Acquisition Management, Department of Energy.
Joseph Waddell,
Deputy Associate Administrator, Acquisition and Project Management, 
National Nuclear Security Administration.
[FR Doc. 2016-15937 Filed 7-5-16; 8:45 am]
 BILLING CODE 6450-01-P

Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43971 c. Mailers who present at least 95 Process beginning in the next calendar 23.5.2 Address Correction Notices percent of their eligible First-Class Mail month. Mailings will be subject to the [Revise 705.23.5.2a as follows:] and Standard Mail volume as Full- Address Quality Census Measurement a. Address correction notices will be Service in a calendar month will receive Assessment charge (address quality provided at the applicable Full-Service electronic address correction notices for assessment fee) if submitted via eDoc address correction fee for letters and their qualifying Basic automation and with unique Basic or Full-Service IMbs flats eligible for the Full-Service option, non-automation First-Class Mail and on letter- and flat-size pieces of First- except for Standard Mail ECR flats, BPM Standard Mail mailpieces, as specified Class Mail and Standard Mail. The flats dropshipped to DDUs, or BPM in 4.2.2. The electronic address address quality assessment fee will be carrier route flats. Mailers who present correction notices are charged at the assessed if: at least 95 percent of their eligible First- applicable Full-Service address a. The percent of all qualifying mail Class Mail and Standard Mail volume as correction fee for the next calendar submitted in a calendar month that have Full-Service in a calendar month will month. a COA error is greater than the Address receive electronic address correction * * * * * Quality Census Measurement and notices for their qualifying Basic Assessment Process error threshold, as automation and non-automation First- 600 Basic Mailing Standards for All determined by an analysis of the data Class Mail and Standard Mail pieces Mailing Services captured by mail processing equipment. charged at the applicable Full-Service * * * * * A COA error occurs when the address address correction fee for the next 602 Addressing on the mailpiece has not been updated calendar month. The Basic automation within 95 days of the COA move and non-automation First-Class Mail * * * * * effective date or the COA record and Standard Mail mailpieces must: 5.0 Move Update Standards creation date, whichever is later. 1. Bear a unique IMb printed on the b. Each mailpiece with addresses mailpiece. * * * * * 2. Include a Full-Service or OneCode containing COA errors in excess of the 5.3 Basis for Move Update Assessment Address Quality Census Measurement ACS STID in the IMb. Charges and Assessment Process error threshold 3. Include the unique IMb in eDoc. will pay the address quality assessment 4. Provide accurate mail owner [Revise 602.5.3 by removing the fee. identification in eDoc. current language and adding new 5.3.1. and 5.3.2 as follows:] * * * * * 5.4 Mailer Certification We will publish an appropriate 5.3.1 Basic Move Update Assessment [Revise 602.5.4 by modifying amendment to 39 CFR part 111 to reflect Charge introductory paragraph and adding new these changes, if our proposal is Mailings that do not fall under 5.3.2 items ‘‘a’’ and ‘‘b’’ as follows:] adopted. are subject to a Move Update assessment The mailer’s signature on the postage Stanley F. Mires, charge, if more than 30 percent of statement certifies that the Move Update Attorney, Federal Compliance. addresses with a change-of-address standard has been met for each address [FR Doc. 2016–15649 Filed 7–5–16; 8:45 am] (COA) are not updated, based on the in the corresponding mailing presented BILLING CODE 7710–12–P error percent found in Postal Service to the USPS as follows: sampling at acceptance during Performance-Based Verification. a. For mailings that fall under 5.3.1, Specifically, mailings for which the the mailer’s signature on the postage DEPARTMENT OF ENERGY sample contains greater than 30 percent statement certifies that the Move Update failed COAs out of the total COAs in the standard has been met for each address 48 CFR Parts 915, 934, 942, 944, 945, sample are subject to additional postage in the corresponding mailing presented and 952 charges as follows: to the Postal Service. RIN 1991–AC01 a. The percentage of the mailing b. For mailings that fall under 5.3.2, paying the charge is based on the the Move Update compliance method Acquisition Regulation: Contractor percentage of failed pieces above 30 does not need to be declared on the Business Systems—Definition and percent. postage statement or within the mail.dat Administration b. Each of the assessed pieces is or mail.xml file. However, documentation demonstrating AGENCY: Department of Energy. subject to the established per piece charge. compliance must be retained and ACTION:Proposed rulemaking; c. As an example, if 40 percent of provided upon request of the Postal withdrawal. COAs in the sample are not updated, Service. SUMMARY: On April 1, 2014, the U.S. then the charge is applied to 10 percent * * * * * Department of Energy (DOE) published (= 40%¥30%) of the total mailing. a rule in the Federal Register proposing d. Mailings for which the sample has 700 Special Standards to amend the Department of Energy five or fewer pieces that were not * * * * * Acquisition Regulation (DEAR). DOE updated for a COA are not subject to the 705 Advanced Preparation and hereby withdraws this proposed rule. assessment, regardless of the failure Special Postage Payment Systems DATES: The proposed rule that appeared ehiers on DSK5VPTVN1PROD with PROPOSALS percentage. * * * * * in the Federal Register on April 1, 2014 5.3.2 Address Quality Census at 79 FR 18415 is withdrawn as of July Measurement and Assessment Charge 23.0 Full-Service Automation Option 6, 2016. Mailers who have submitted any Full- * * * * * FOR FURTHER INFORMATION CONTACT: Service volume in a calendar month Jennifer Tiedeman, U.S. Department of will be subject to the Address Quality 23.5 Additional Standards Energy, Office of the General Counsel, Census Measurement and Assessment * * * * * GC–33, 1000 Independence Avenue VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1

43972 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules SW., Washington, DC 20585–0121. information, we find that listing the of a regulation implementing the Telephone: (202) 287–6111. Email: Eagle Lake rainbow trout and the petitioned action is precluded by other Jennifer.Tiedeman@hq.doe.gov. Ichetucknee siltsnail is not warranted at pending proposals to determine whether SUPPLEMENTARY INFORMATION: On April this time. However, we ask the public to species are endangered or threatened 1, 2014, the U.S. Department of Energy submit to us at any time any new species, and expeditious progress is (DOE) published a rule proposing to information that becomes available being made to add or remove qualified amend the Department of Energy concerning the stressors to the Eagle species from the Federal Lists of Acquisition Regulation (DEAR) to define Lake rainbow trout and the Ichetucknee Endangered and Threatened Wildlife contractor business system as an siltsnail or their habitats. and Plants (warranted but precluded). accounting system, estimating system, DATES: The findings announced in this Section 4(b)(3)(C) of the Act requires purchasing system, earned value document were made on July 6, 2016. that we treat a petition for which the management system (EVMS), and requested action is found to be ADDRESSES: These findings are available property management system (79 FR warranted but precluded as though on the Internet at http:// 18415). In the proposed rulemaking, resubmitted on the date of such finding, www.regulations.gov at the following DOE proposed to implement that is, requiring a subsequent finding to docket numbers: compliance enforcement mechanisms in be made within 12 months. We must the form of a contractor business system Species Docket No. publish these 12-month findings in the clause and related clauses that included Federal Register. a provision that would allow Eagle Lake rainbow FWS–R8–ES–2012– Summary of Information Pertaining to contracting officers to withhold a trout. 0072 Ichetucknee siltsnail FWS–R4–ES–2011– the Five Factors percentage of payments, under certain 0049 Section 4 of the Act (16 U.S.C. 1533) conditions, when a contractor’s business and the implementing regulations in system contained significant Supporting information used in part 424 of title 50 of the Code of deficiencies. However, the Department preparing these findings is available for Federal Regulations (50 CFR part 424) has determined that it will not proceed public inspection, by appointment, set forth procedures for adding species with the rulemaking and, as such, is during normal business hours, by to, removing species from, or withdrawing the proposed rule. contacting the appropriate person, as reclassifying species on the Federal Issued in Washington, DC, on June 23, specified under FOR FURTHER Lists of Endangered and Threatened 2016. INFORMATION CONTACT. Please submit any Wildlife and Plants. The Act defines Berta Schreiber, new information, materials, comments, ‘‘endangered species’’ as any species Director, Office of Acquisition Management, or questions concerning these findings that is in danger of extinction Department of Energy. to the appropriate person, as specified throughout all or a significant portion of Joseph Waddell, under FOR FURTHER INFORMATION its range, section 3(6), and ‘‘threatened Deputy Associate Administrator, Acquisition CONTACT. species’’ as any species that is likely to and Project Management, National Nuclear become an endangered species within FOR FURTHER INFORMATION CONTACT: Security Administration. the foreseeable future throughout all or [FR Doc. 2016–15937 Filed 7–5–16; 8:45 am] Species Contact information a significant portion of its range, section BILLING CODE 6450–01–P 3(20). Under section 4(a)(1) of the Act, Eagle Lake Jen Norris, Field Supervisor, a species may be determined to be an rainbow Sacramento Fish and Wildlife endangered species or a threatened DEPARTMENT OF THE INTERIOR trout. Office, (916) 414–6600. species based on any of the following Ichetucknee Jay B. Herrington, Field Super- five factors: Fish and Wildlife Service siltsnail. visor, North Florida Ecologi- (A) The present or threatened cal Services Office, (904) destruction, modification, or 731–3191. 50 CFR Part 17 curtailment of its habitat or range; (B) Overutilization for commercial, [4500030113] If you use a telecommunications device recreational, scientific, or educational for the deaf (TDD), please call the Endangered and Threatened Wildlife purposes; Federal Information Relay Service (C) Disease or predation; and Plants; 12-Month Findings on (FIRS) at 800–877–8339. Petitions To List the Eagle Lake (D) The inadequacy of existing SUPPLEMENTARY INFORMATION: regulatory mechanisms; or Rainbow Trout and the Ichetucknee Background (E) Other natural or manmade factors Siltsnail as Endangered or Threatened affecting its continued existence. Species Section 4(b)(3)(B) of the Act (16 We summarize below the information AGENCY: Fish and Wildlife Service, U.S.C. 1531 et seq.) requires that, for on which we based our evaluation of the Interior. any petition to revise the Federal Lists five factors provided in section 4(a)(1) of ACTION: Notice of 12-month petition of Endangered and Threatened Wildlife the Act in determining whether the findings. and Plants that contains substantial Eagle Lake rainbow trout and the scientific or commercial information Ichetucknee siltsnail meet the definition SUMMARY: We, the U.S. Fish and indicating that listing an animal or plant of an endangered species or threatened Wildlife Service (Service), announce 12- species may be warranted, we make a species. More detailed information ehiers on DSK5VPTVN1PROD with PROPOSALS month findings on petitions to list the finding within 12 months of the date of about these species is presented in the Eagle Lake rainbow trout and the receipt of the petition (‘‘12-month species-specific assessment forms found Ichetucknee siltsnail as endangered finding’’). In this finding, we determine on http://www.regulations.gov under the species or threatened species under the whether listing the Eagle Lake rainbow appropriate docket number (see Endangered Species Act of 1973, as trout and the Ichetucknee siltsnail is: (1) ADDRESSES). In considering what amended (Act). After a review of the Not warranted; (2) warranted; or (3) stressors under the five factors might best available scientific and commercial warranted, but the immediate proposal constitute threats, we must look beyond VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1


Document Created: 2016-07-06 07:55:46
Document Modified: 2016-07-06 07:55:46
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 rulemaking; withdrawal.
DatesThe proposed rule that appeared in the Federal Register on April 1, 2014 at 79 FR 18415 is withdrawn as of July 6, 2016.
ContactJennifer Tiedeman, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: [email protected]
FR Citation81 FR 43971 
RIN Number1991-AC01
CFR Citation48 CFR 915
48 CFR 934
48 CFR 942
48 CFR 944
48 CFR 945
48 CFR 952
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