81 FR 47046 - Agency for International Development Acquisition Regulation (AIDAR): Preference for Privately Owned U.S.-Flag Commercial Vessels.
AGENCY FOR INTERNATIONAL DEVELOPMENT Federal Register Volume 81, Issue 139 (July 20, 2016)
Federal Register Volume 81, Issue 139 (July 20, 2016)
| Page Range | 47046-47047 | |
| FR Document | 2016-17137 |
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)] [Rules and Regulations] [Pages 47046-47047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17137] ======================================================================= ----------------------------------------------------------------------- AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Part 752 RIN 0412-AA82 Agency for International Development Acquisition Regulation (AIDAR): Preference for Privately Owned U.S.-Flag Commercial Vessels. AGENCY: U.S. Agency for International Development. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Agency for International Development (USAID) is revising the Agency for International Development Acquisition Regulation (AIDAR) clause to conform to the current requirements of the Cargo Preference Act of 1954 and provide up-to-date submission instructions to the Maritime Administration (MARAD). DATES: This rule is effective October 18, 2016 without further action, unless adverse comments are received by September 19, 2016. If adverse comments are received, USAID will publish a timely withdrawal of this rule in the Federal Register. Submit comments on or before September 19, 2016. ADDRESSES: Address all comments concerning this notice to Lyudmila Bond, Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P), Room 867J, SA-44, Washington, DC 20523-2052. Submit comments, identified by title of the action and Regulation Identifier Number (RIN) by any of the following methods: 1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting comments. 2. By Email: Submit electronic comments to [email protected]. See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing. 3. By Mail addressed to: USAID, Bureau for Management, Office of Acquisition & Assistance, Policy Division, Room 867J, SA-44, 1300 Pennsylvania Ave. NW., Washington, DC 20523-2052. FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]. SUPPLEMENTARY INFORMATION: A. Instructions All comments must be in writing and submitted through one of the methods specified in the ADDRESSES section above. All submissions must include the title of the action and RIN for this rulemaking. Please include your name, title, organization, postal address, telephone number, and email address in the text of the message. Comments submitted by email must be included in the text of the email or attached as a PDF file. Please avoid using special characters and any form of encryption. Please note that USAID recommends sending all comments to the Federal eRulemaking Portal because security screening precautions have slowed the delivery and dependability of surface mail to USAID/Washington. After receipt of a comment and until finalization of the action, all comments will be made available at http://www.regulations.gov for public review without change, including any personal information provided. We recommend you do not submit information that you consider Confidential Business Information (CBI) or any information that is otherwise protected from disclosure by statute. USAID is publishing this revision as a direct final rule as the Agency views this as a conforming and administrative amendment and does not anticipate any adverse comments. This rule will be effective on the date specified in the DATES section above without further notice unless adverse comment(s) are received by the date specified in the DATES section above. USAID will only address substantive comments on the rule. Comments that are insubstantial or outside the scope of the rule may not be considered. If adverse comments are received on the direct final rule, USAID will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. If no adverse comments are received, this final rule will become final after the designated period. Additionally, USAID is publishing a separate document in the ``Proposed Rules'' section of this Federal Register that will serve as the proposal to approve these AIDAR revisions if adverse comments are received. USAID will address all public comments in a subsequent final rule based on the proposed rule. USAID will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. B. Background USAID is revising AIDAR section 752.247-70, Preference for privately owned U.S.-flag commercial vessels to conform to the current requirements of the Cargo Preference Act of 1954. The Act mandates that at least 50 percent of the gross tonnage of all Government generated cargo be transported on privately owned, U.S.-flag commercial vessels, to the extent such vessels are available at fair and reasonable rates. Other changes to the clause include up-to-date submission requirements to the Maritime Administration (MARAD). The changes will not impose any additional requirements on contractors. C. Impact assessment (1) Regulatory Planning and Review Under E.O. 12866, USAID must determine whether a regulatory action is ``significant'' and therefore subject to the requirements of the E.O. and subject to review by the Office of Management and Budget (OMB). USAID has determined that this Rule is not an ``economically significant regulatory action'' under Section 3(f)(1) of E.O. 12866. This rule is not a major rule under 5 U.S.C. 804. (2) Regulatory Flexibility Act The rule will not have an impact on a substantial number of small entities within the meaning of the Regulatory [[Page 47047]] Flexibility Act, 5 U.S.C. 601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. (3) Paperwork Reduction Act The rule does not establish a new collection of information that requires 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 Part 752 Government procurement. For the reasons discussed in the preamble, USAID amends 48 CFR part 752 as set forth below: PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 1. The authority citation for part 752 continues to read as follows: Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. 0 2. Amend 752.247-70: 0 i. In paragraph (a), by removing the words ``46 U.S.C. 1241(b)'' and adding in their place the words ``46 U.S.C. 55305)'' and removing the words ``at least 75 percent'' and adding in their place the words ``at least 50 percent''; 0 ii. In paragraph (b), by removing the words ``programs or activities'' and adding in their place the word ``program'' and removing the words ``50 or 75 percent'' and adding in their place the words ``50 percent''; 0 iii. In paragraph (c)(1) introductory text, by removing the words ``the Division of National Cargo, Office of Cargo Preference, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590'' and adding in their place the words ``Office of Cargo and Commercial Sealift, Maritime Administration (MARAD), U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590''; and 0 iv. By adding paragraph (c)(1)(iii). The addition reads as follows: 752.247-70 Preference for privately owned U.S.-flag commercial vessels. * * * * * (c)(1) * * * (iii) For all shipments, scanned copies for MARAD must be sent to: [email protected]. * * * * * Dated: July 6, 2016. Mark Walter, Acting Chief Acquisition Officer. [FR Doc. 2016-17137 Filed 7-19-16; 8:45 am] BILLING CODE 6116-01-P
![47046 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
requirements for notice and comment publish a timely withdrawal of this rule amendment and does not anticipate any
and delay in effective date. in the Federal Register. Submit adverse comments. This rule will be
comments on or before September 19, effective on the date specified in the
List of Subjects in 42 CFR Part 457
2016. DATES section above without further
Administrative practice and notice unless adverse comment(s) are
ADDRESSES: Address all comments
procedure, Grant programs-health, received by the date specified in the
concerning this notice to Lyudmila
Health insurance, Reporting and DATES section above.
Bond, Bureau for Management, Office of
recordkeeping requirements. USAID will only address substantive
Acquisition and Assistance, Policy
Accordingly, 42 CFR chapter IV is Division (M/OAA/P), Room 867J, SA– comments on the rule. Comments that
corrected by making the following 44, Washington, DC 20523–2052. are insubstantial or outside the scope of
correcting amendment to part 457: Submit comments, identified by title of the rule may not be considered.
the action and Regulation Identifier If adverse comments are received on
PART 457—ALLOTMENTS AND the direct final rule, USAID will publish
GRANTS TO STATES Number (RIN) by any of the following
methods: a timely withdrawal in the Federal
1. Through the Federal eRulemaking Register informing the public that this
■ 1. The authority citation for part 457
Portal at http://www.regulations.gov by rule will not take effect. If no adverse
continues to read as follows:
following the instructions for submitting comments are received, this final rule
Authority: Section 1102 of the Social will become final after the designated
Security Act (42 U.S.C. 1302).
comments.
2. By Email: Submit electronic period. Additionally, USAID is
■ 2. Section 457.10 is amended by comments to lbond@usaid.gov. See publishing a separate document in the
adding the definition of ‘‘Federally SUPPLEMENTARY INFORMATION for file ‘‘Proposed Rules’’ section of this
Qualified HMO’’ in alphabetical order to formats and other information about Federal Register that will serve as the
read as follows: electronic filing. proposal to approve these AIDAR
3. By Mail addressed to: USAID, revisions if adverse comments are
§ 457.10 Definitions and use of terms. received.
Bureau for Management, Office of
* * * * * Acquisition & Assistance, Policy USAID will address all public
Federally qualified HMO means an Division, Room 867J, SA–44, 1300 comments in a subsequent final rule
HMO that CMS has determined is a Pennsylvania Ave. NW., Washington, based on the proposed rule. USAID will
qualified HMO under section 2791(b)(3) DC 20523–2052. not institute a second comment period
of the Public Health Service Act. on this action. Any parties interested in
FOR FURTHER INFORMATION CONTACT:
* * * * * Lyudmila Bond, Telephone: 202–567– commenting must do so at this time.
Dated: July 14, 2016. 4753 or Email: lbond@usaid.gov. B. Background
Madhura Valverde, SUPPLEMENTARY INFORMATION:
USAID is revising AIDAR section
Executive Secretary to the Department,
A. Instructions 752.247–70, Preference for privately
Department of Health and Human Services.
owned U.S.-flag commercial vessels to
[FR Doc. 2016–17157 Filed 7–18–16; 4:15 pm] All comments must be in writing and
conform to the current requirements of
BILLING CODE 4120–01–P submitted through one of the methods
the Cargo Preference Act of 1954. The
specified in the ADDRESSES section
Act mandates that at least 50 percent of
above. All submissions must include the
the gross tonnage of all Government
AGENCY FOR INTERNATIONAL title of the action and RIN for this
generated cargo be transported on
DEVELOPMENT rulemaking. Please include your name,
privately owned, U.S.-flag commercial
title, organization, postal address,
vessels, to the extent such vessels are
48 CFR Part 752 telephone number, and email address in
available at fair and reasonable rates.
the text of the message.
RIN 0412–AA82 Comments submitted by email must Other changes to the clause include up-
be included in the text of the email or to-date submission requirements to the
Agency for International Development Maritime Administration (MARAD).
Acquisition Regulation (AIDAR): attached as a PDF file. Please avoid
using special characters and any form of The changes will not impose any
Preference for Privately Owned U.S.- additional requirements on contractors.
Flag Commercial Vessels. encryption. Please note that USAID
recommends sending all comments to C. Impact assessment
AGENCY: U.S. Agency for International the Federal eRulemaking Portal because
Development. security screening precautions have (1) Regulatory Planning and Review
ACTION: Direct final rule. slowed the delivery and dependability Under E.O. 12866, USAID must
of surface mail to USAID/Washington. determine whether a regulatory action is
SUMMARY: The U.S. Agency for After receipt of a comment and until ‘‘significant’’ and therefore subject to
International Development (USAID) is finalization of the action, all comments the requirements of the E.O. and subject
revising the Agency for International will be made available at http:// to review by the Office of Management
Development Acquisition Regulation www.regulations.gov for public review and Budget (OMB). USAID has
(AIDAR) clause to conform to the without change, including any personal determined that this Rule is not an
current requirements of the Cargo information provided. We recommend ‘‘economically significant regulatory
Preference Act of 1954 and provide up- you do not submit information that you action’’ under Section 3(f)(1) of E.O.
to-date submission instructions to the
rmajette on DSK2TPTVN1PROD with RULES
consider Confidential Business 12866. This rule is not a major rule
Maritime Administration (MARAD). Information (CBI) or any information under 5 U.S.C. 804.
DATES: This rule is effective October 18, that is otherwise protected from
2016 without further action, unless (2) Regulatory Flexibility Act
disclosure by statute.
adverse comments are received by USAID is publishing this revision as The rule will not have an impact on
September 19, 2016. If adverse a direct final rule as the Agency views a substantial number of small entities
comments are received, USAID will this as a conforming and administrative within the meaning of the Regulatory
VerDate Sep<11>2014 14:53 Jul 19, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\20JYR1.SGM 20JYR1](https://thefederalregister.org/doc/81_FR_47185/page/1.svg)
![Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 47047
Flexibility Act, 5 U.S.C. 601, et seq. Dated: July 6, 2016. On June 9, 2014, the Permian Basin
Therefore, an Initial Regulatory Mark Walter, Petroleum Association; Chaves County,
Flexibility Analysis has not been Acting Chief Acquisition Officer. New Mexico; Roosevelt County, New
performed. [FR Doc. 2016–17137 Filed 7–19–16; 8:45 am] Mexico; Eddy County, New Mexico; and
BILLING CODE 6116–01–P Lea County, New Mexico (plaintiffs)
(3) Paperwork Reduction Act filed a lawsuit challenging the Service’s
The rule does not establish a new final rule to list the lesser prairie-
collection of information that requires DEPARTMENT OF THE INTERIOR chicken as a threatened species under
the approval of the Office of the Act. On September 1, 2015, the U.S.
Management and Budget under the Fish and Wildlife Service District Court for the District of West
Paperwork Reduction Act (44 U.S.C. Texas issued an order vacating the final
chapter 35). 50 CFR Part 17 listing rule for the lesser prairie-
chicken. By invalidating the rule listing
List of Subjects in 48 CFR Part 752 [Docket No. FWS–R2–ES–2016–0028; the species, the court decision also had
4500030113]
the effect of invalidating the 4(d) rule.
Government procurement.
RIN 1018–BB67
Administrative Procedure
For the reasons discussed in the
preamble, USAID amends 48 CFR part Endangered and Threatened Wildlife This rulemaking is necessary to
752 as set forth below: and Plants; Lesser Prairie-Chicken comply with the September 1, 2015,
Removed From the List of Endangered court order. Therefore, under these
PART 752—SOLICITATION and Threatened Wildlife circumstances, the Director has
PROVISIONS AND CONTRACT determined, pursuant to 5 U.S.C.
AGENCY: Fish and Wildlife Service,
CLAUSES 553(b)(3)(B), that prior notice and
Interior.
opportunity for public comment are
ACTION: Final rule.
■ 1. The authority citation for part 752 unnecessary. Because the court order
continues to read as follows: SUMMARY: We, the U.S. Fish and had legal effect immediately upon being
Wildlife Service, are issuing a final rule filed on September 1, 2015, the Director
Authority: Sec. 621, Pub. L. 87–195, 75
Stat. 445, (22 U.S.C. 2381) as amended; E.O. to comply with a court order that has further determined, pursuant to 5
12163, Sept. 29, 1979, 44 FR 56673; and 3 vacated the final rule listing the lesser U.S.C. 553(d)(3), that the agency has
CFR 1979 Comp., p. 435. prairie-chicken (Tympanuchus good cause to make this rule effective
pallidicinctus) as a threatened species immediately upon publication.
■ 2. Amend 752.247–70: under the Endangered Species Act of Effects of the Rule
■ i. In paragraph (a), by removing the 1973, as amended (Act). This final rule
words ‘‘46 U.S.C. 1241(b)’’ and adding This rule is an administrative action
amends our regulations by removing the
in their place the words ‘‘46 U.S.C. to remove the lesser prairie-chicken
lesser prairie-chicken from the Federal
55305)’’ and removing the words ‘‘at from the Federal List of Endangered and
List of Endangered and Threatened
least 75 percent’’ and adding in their Threatened Wildlife at 50 CFR 17.11(h)
Wildlife and by removing the rule to reflect the court’s order to vacate the
place the words ‘‘at least 50 percent’’; issued under section 4(d) of the Act for final rule listing this species.
■ ii. In paragraph (b), by removing the the lesser prairie-chicken. Consequently, this rule also removes the
words ‘‘programs or activities’’ and DATES: This rule is effective July 20, regulations specific to the lesser prairie-
adding in their place the word 2016. chicken at 50 CFR 17.41(d).
‘‘program’’ and removing the words ‘‘50 FOR FURTHER INFORMATION CONTACT:
or 75 percent’’ and adding in their place List of Subjects in 50 CFR Part 17
Debra Bills, Field Supervisor, Arlington
the words ‘‘50 percent’’; Ecological Services Field Office, 2005 Endangered and threatened species,
■ iii. In paragraph (c)(1) introductory NE. Green Oaks Blvd., Suite 140, Exports, Imports, Reporting and
text, by removing the words ‘‘the Arlington, TX 76006; by telephone 817– recordkeeping requirements,
Division of National Cargo, Office of 277–1100; or by facsimile 817–277– Transportation.
Cargo Preference, Maritime 1129. Persons who use a Regulation Promulgation
Administration, U.S. Department of telecommunications device for the deaf
Transportation, Washington, DC 20590’’ Accordingly, for the reasons given in
(TDD) may call the Federal Information
and adding in their place the words the preamble, we amend part 17,
Relay Service (FIRS) at 800–877–8339.
‘‘Office of Cargo and Commercial subchapter B of chapter I, title 50 of the
SUPPLEMENTARY INFORMATION:
Sealift, Maritime Administration Code of Federal Regulations, as set forth
(MARAD), U.S. Department of Background below.
Transportation, 1200 New Jersey Ave. On April 10, 2014, we published in PART 17—ENDANGERED AND
SE., Washington, DC 20590’’; and the Federal Register a final rule (79 FR THREATENED WILDLIFE AND PLANTS
■ iv. By adding paragraph (c)(1)(iii). 19974) listing the lesser prairie-chicken
(Tympanuchus pallidicinctus) as a ■ 1. The authority citation for part 17
The addition reads as follows: threatened species under the Act (16 continues to read as follows:
752.247–70 Preference for privately owned U.S.C. 1531 et seq.) in part 17 of title 50 Authority: 16 U.S.C. 1361–1407; 1531–
U.S.-flag commercial vessels. of the Code of Federal Regulations (50 1544; and 4201–4245, unless otherwise
CFR 17.11(h)). On the same day, we
rmajette on DSK2TPTVN1PROD with RULES
* * * * * noted.
published a final rule under section 4(d)
(c)(1) * * * § 17.11 [Amended]
of the Act (‘‘4(d) rule’’) for the lesser
(iii) For all shipments, scanned copies prairie-chicken (79 FR 20074) at 50 CFR ■ 2. Amend § 17.11(h) by removing the
for MARAD must be sent to: 17.41(d). Please see the April 10, 2014, entry for ‘‘Prairie-chicken, lesser’’ from
Cargo.MARAD@DOT.gov. final listing rule for a complete the List of Endangered and Threatened
* * * * * discussion of previous Federal actions. Wildlife.
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Document Created: 2018-02-08 07:57:05
Document Modified: 2018-02-08 07:57:05
| 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 | Direct final rule. | |
| Dates | This rule is effective October 18, 2016 without further action, unless adverse comments are received by September 19, 2016. If adverse comments are received, USAID will publish a timely withdrawal of this rule in the Federal Register. Submit comments on or before September 19, 2016. | |
| Contact | Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected] | |
| FR Citation | 81 FR 47046 | |
| RIN Number | 0412-AA82 |
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