81_FR_83327 81 FR 83104 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-92; Small Entity Compliance Guide

81 FR 83104 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-92; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range83104-83105
FR Document2016-27697

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-92, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-92, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 83104-83105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27697]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-92; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.

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

SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rules 
appearing in Federal Acquisition Circular (FAC) 2005-92, which amends 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
these rules by referring to FAC 2005-92, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: November 18, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-92 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat Division 
at 202-501-4755.

                                           Rules Listed in FAC 2005-92
----------------------------------------------------------------------------------------------------------------
              Item                            Subject                 FAR case                Analyst
----------------------------------------------------------------------------------------------------------------
* I.............................  Public Disclosure of Greenhouse        2015-024  Gray.
                                   Gas Emissions and Reduction
                                   Goals--Representation.
* II............................  Removal of Regulations Relating        2015-035  Francis.
                                   to Telegraphic Communication.
III.............................  Technical Amendments...........
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-92 amends the FAR as follows:

Item I--Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation (FAR Case 2015-024)

    This final rule amends the FAR to establish an annual 
representation requirement to indicate whether or not and where 
contractors publicly disclose greenhouse gas emissions and greenhouse 
gas emission reduction goals or targets. This representation is 
optional for contractors that received less than $7.5 million in 
contract awards from the Government during the previous Federal fiscal 
year. The information obtained from these

[[Page 83105]]

representations will assist agencies in developing strategies to engage 
with contractors to reduce supply chain emissions, as directed in the 
Executive Order 13693, Planning for Federal Sustainability in the Next 
Decade.

Item II--Removal of Regulations Relating to Telegraphic Communication 
(FAR Case 2015-035)

    This rule amends the 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 made 
covering expedited notice of termination and change orders.
    The rule is not anticipated to have a significant economic impact 
on small business entities, as the rule provides recognition of current 
options for transmitting documents between the Government and 
contractors. The rule also revises the means of disseminating contract 
termination documents between the Government and contractors; however, 
this change only affects the Government's responsibility for 
transmitting termination notices.

Item III--Technical Amendments

    Editorial changes are made at FAR 2.101, 7.105, 19.1506, 34.000, 
34.005-2, 34.201, 34.203, 42.709, 52.234-2, 52.234-3, and 52.234-4.

    Dated: November 10, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2016-27697 Filed 11-17-16; 8:45 am]
 BILLING CODE 6820-EP-P



                                                 83104                   Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations

                                                 PART 42—CONTRACT                                               ‘‘Electronic Industries Alliance                        DEPARTMENT OF DEFENSE
                                                 ADMINISTRATION AND AUDIT                                       Standard 748 (EIA–748)’’ in its place;
                                                 SERVICES                                                       and                                                     GENERAL SERVICES
                                                                                                                                                                        ADMINISTRATION
                                                                                                                ■ c. Removing from paragraph (b)(4)
                                                 ■ 10. The authority citation for 48 CFR
                                                 part 42 continues to read as follows:                          ‘‘ANSI/EIA Standard—748’’ and adding
                                                                                                                                                                        NATIONAL AERONAUTICS AND
                                                                                                                ‘‘EIA–748’’ in its place.                               SPACE ADMINISTRATION
                                                   Authority: 40 U.S.C. 121(c); 10 U.S.C.
                                                 chapter 137; and 51 U.S.C. 20113.                                 The revisions read as follows:
                                                                                                                                                                        48 CFR Chapter 1
                                                 42.709        [Redesignated as Section 42.709–0]               52.234–3 Notice of Earned Value
                                                                                                                Management System—Postaward                             [Docket No. FAR 2016–0051, Sequence No.
                                                 ■ 11. Section 42.709 is redesignated as                        Integrated Baseline Review.                             6]
                                                 section 42.709–0, and a new section
                                                 42.709 is added to read as follows:                            *      *      *       *      *
                                                                                                                                                                        Federal Acquisition Regulation;
                                                 42.709        Penalties for Unallowable Costs.                 Notice of Earned Value Management                       Federal Acquisition Circular 2005–92;
                                                                                                                System—Postaward Integrated Baseline                    Small Entity Compliance Guide
                                                 *        *         *          *     *
                                                                                                                Review NOV 2016
                                                                                                                                                                        AGENCY:  Department of Defense (DoD),
                                                 PART 52—SOLICITATION PROVISIONS                                *      *      *       *      *                          General Services Administration (GSA),
                                                 AND CONTRACT CLAUSES                                                                                                   and National Aeronautics and Space
                                                                                                                ■  15. Amend section 52.234–4 by—
                                                                                                                                                                        Administration (NASA).
                                                 ■ 12. The authority citation for 48 CFR                        ■  a. Revising the date of the clause;
                                                 part 52 continues to read as follows:                                                                                  ACTION: Small Entity Compliance Guide.
                                                                                                                ■ b. Removing from paragraph (a)
                                                   Authority: 40 U.S.C. 121(c); 10 U.S.C.                       ‘‘ANSI/EIA Standard—748’’ and adding                    SUMMARY:    This document is issued
                                                 chapter 137; and 51 U.S.C. 20113.                                                                                      under the joint authority of DOD, GSA,
                                                                                                                ‘‘Electronic Industries Alliance
                                                 ■  13. Amend section 52.234–2 by—                              Standard 748 (EIA–748)’’ in its place;                  and NASA. This Small Entity
                                                 ■  a. Revising the section and provision                       and                                                     Compliance Guide has been prepared in
                                                 headings;                                                                                                              accordance with section 212 of the
                                                 ■ b. Removing from paragraph (a)                               ■ c. Removing from paragraph (b)                        Small Business Regulatory Enforcement
                                                 ‘‘ANSI/EIA Standard—748’’ and adding                           introductory text ‘‘ANSI/EIA Standard—                  Fairness Act of 1996. It consists of a
                                                 ‘‘Electronic Industries Alliance                               748’’ and adding ‘‘EIA–748’’ in its place.              summary of the rules appearing in
                                                 Standard 748 (EIA–748)’’ in its place;                            The revision reads as follows:                       Federal Acquisition Circular (FAC)
                                                 and                                                                                                                    2005–92, which amends the Federal
                                                 ■ c. Removing from paragraph (b)(4)                            52.234–4     Earned Value Management                    Acquisition Regulation (FAR). An
                                                 ‘‘ANSI/EIA Standard—748’’ and adding                           System.                                                 asterisk (*) next to a rule indicates that
                                                 ‘‘EIA–748’’ in its place.                                      *      *      *       *      *                          a regulatory flexibility analysis has been
                                                    The revisions read as follows:                                                                                      prepared. Interested parties may obtain
                                                                                                                Earned Value Management System NOV                      further information regarding these
                                                 52.234–2 Notice of Earned Value                                2016
                                                 Management System—Preaward Integrated                                                                                  rules by referring to FAC 2005–92,
                                                 Baseline Review.                                               *      *      *       *      *                          which precedes this document. These
                                                                                                                [FR Doc. 2016–27688 Filed 11–17–16; 8:45 am]            documents are also available via the
                                                 *        *         *          *     *
                                                                                                                BILLING CODE 6820–EP–P                                  Internet at http://www.regulations.gov.
                                                 Notice of Earned Value Management                                                                                      DATES: November 18, 2016.
                                                 System—Preaward Integrated Baseline                                                                                    FOR FURTHER INFORMATION CONTACT: For
                                                 Review NOV 2016                                                                                                        clarification of content, contact the
                                                 *     *     *    *      *                                                                                              analyst whose name appears in the table
                                                 ■ 14. Amend section 52.234–3 by—                                                                                       below. Please cite FAC 2005–92 and the
                                                 ■ a. Revising the section and provision                                                                                FAR case number. For information
                                                 headings;                                                                                                              pertaining to status or publication
                                                 ■ b. Removing from paragraph (a)                                                                                       schedules, contact the Regulatory
                                                 ‘‘ANSI/EIA Standard—748’’ and adding                                                                                   Secretariat Division at 202–501–4755.

                                                                                                                      RULES LISTED IN FAC 2005–92
                                                           Item                                                               Subject                                                     FAR case        Analyst

                                                 * I .......................   Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation ....                        2015–024   Gray.
                                                 * II ......................   Removal of Regulations Relating to Telegraphic Communication ..........................................      2015–035   Francis.
                                                 III .......................   Technical Amendments.



                                                 SUPPLEMENTARY INFORMATION:                                     Item I—Public Disclosure of                             greenhouse gas emissions and
mstockstill on DSK3G9T082PROD with RULES6




                                                 Summaries for each FAR rule follow.                            Greenhouse Gas Emissions and                            greenhouse gas emission reduction goals
                                                 For the actual revisions and/or                                Reduction Goals—Representation (FAR                     or targets. This representation is
                                                 amendments made by these rules, refer                          Case 2015–024)                                          optional for contractors that received
                                                 to the specific item numbers and                                 This final rule amends the FAR to                     less than $7.5 million in contract
                                                 subjects set forth in the documents                            establish an annual representation                      awards from the Government during the
                                                 following these item summaries. FAC                            requirement to indicate whether or not                  previous Federal fiscal year. The
                                                 2005–92 amends the FAR as follows:                             and where contractors publicly disclose                 information obtained from these


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                                                                  Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations                                             83105

                                                 representations will assist agencies in                 references to electronic                              affects the Government’s responsibility
                                                 developing strategies to engage with                    communications. In addition,                          for transmitting termination notices.
                                                 contractors to reduce supply chain                      conforming changes are made covering
                                                                                                                                                               Item III—Technical Amendments
                                                 emissions, as directed in the Executive                 expedited notice of termination and
                                                 Order 13693, Planning for Federal                       change orders.                                          Editorial changes are made at FAR
                                                 Sustainability in the Next Decade.                         The rule is not anticipated to have a              2.101, 7.105, 19.1506, 34.000, 34.005–2,
                                                                                                         significant economic impact on small                  34.201, 34.203, 42.709, 52.234–2,
                                                 Item II—Removal of Regulations                                                                                52.234–3, and 52.234–4.
                                                 Relating to Telegraphic Communication                   business entities, as the rule provides
                                                                                                         recognition of current options for                      Dated: November 10, 2016.
                                                 (FAR Case 2015–035)
                                                                                                         transmitting documents between the                    William F. Clark,
                                                   This rule amends the FAR to delete                    Government and contractors. The rule                  Director, Office of Government-wide
                                                 the use of ‘‘telegram,’’ ‘‘telegraph,’’ and             also revises the means of disseminating               Acquisition Policy, Office of Acquisition
                                                 related terms. The objective is to delete               contract termination documents                        Policy, Office of Government-wide Policy.
                                                 reference to obsolete technologies no                   between the Government and                            [FR Doc. 2016–27697 Filed 11–17–16; 8:45 am]
                                                 longer in use and replace with                          contractors; however, this change only                BILLING CODE 6820–EP–P
mstockstill on DSK3G9T082PROD with RULES6




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Document Created: 2018-02-14 08:31:31
Document Modified: 2018-02-14 08:31:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionSmall Entity Compliance Guide.
DatesNovember 18, 2016.
ContactFor clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-92 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755.
FR Citation81 FR 83104 

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