82 FR 61483 - Defense Federal Acquisition Regulation Supplement: New Qualifying Country-Latvia (DFARS Case 2017-D037)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 82, Issue 248 (December 28, 2017)
Defense Acquisition Regulations System
Federal Register Volume 82, Issue 248 (December 28, 2017)
| Page Range | 61483-61485 | |
| FR Document | 2017-27780 |
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)] [Rules and Regulations] [Pages 61483-61485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27780] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 [Docket DARS-2017-0020] RIN 0750-AJ47 Defense Federal Acquisition Regulation Supplement: New Qualifying Country-Latvia (DFARS Case 2017-D037) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Latvia as a qualifying country. DATES: Effective December 28, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372- 6106. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to add Latvia as a qualifying country. On April 10, 2017, the Secretary of Defense and the Minister of Defense of the Republic of Latvia signed a Reciprocal Defense Procurement Agreement. The Secretary of Defense also signed, on that day, a determination and findings that it is inconsistent with the public interest to apply the restrictions of the Buy American Act to the acquisition of articles, materials, and supplies, produced or manufactured in the Republic of Latvia. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. This agreement does not cover construction or construction material. Latvia is already a designated country under the World Trade Organization Government Procurement Agreement. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule only updates the list of qualifying countries in the DFARS by adding the newly qualifying country of Latvia. The definition of ``qualifying country'' is updated in each of the following clauses; however, this revision does not impact the clause prescriptions for use, or applicability at or below the simplified acquisition threshold, or applicability to commercial items. The clauses are: DFARS 252.225- 7001, Buy American and Balance of Payments Program; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 252.225-7012, Preference for Certain Domestic Commodities; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7036, Buy American--Trade Agreements--Balance of Payments Program. III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication of Proposed Regulations.'' Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not constitute a significant DFARS revision within the meaning of FAR 1.501-1 and does not have a significant cost or administrative impact on contractors or offerors. Latvia is added to the list of 26 other countries that have similar reciprocal defense procurement agreements with DoD. These requirements affect only the internal operating procedures of the Government. IV. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation [[Page 61484]] 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 rule is not a major rule under 5 U.S.C. 804. V. Executive Order 13771 This rule is not subject to E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866. VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule, because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment. VII. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply, because the final rule affects the definition of ``qualifying country'' in each of the following clauses: DFARS 252.225-7001, Buy American and Balance of Payments Program; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 252.225-7012, Preference for Certain Domestic Commodities; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7036, Buy American-- Trade Agreements--Balance of Payments Program. The changes to these DFARS clauses do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704-0229, entitled ``DFARS Part 225, Foreign Acquisition and related clauses,'' because the rule merely shifts the category under which items from Latvia must be listed. List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Jennifer L. Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 225--FOREIGN ACQUISITION 225.003 [Amended] 0 2. Section 225.003 is amended in paragraph (10), the definition of ``Qualifying country'', by adding, in alphabetical order, the country of ``Latvia''. 225.872-1 [Amended] 0 3. Section 225.872-1 is amended in paragraph (a) by adding, in alphabetical order, the country of ``Latvia''. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225-7001 [Amended] 0 4. Section 252.225-7001 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; 0 b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and 0 c. In Alternate I-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''. 252.225-7002 [Amended] 0 5. Section 252.225-7002 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''. 252.225-7012 [Amended] 0 6. Section 252.225-7012 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 b. In paragraph (a), the definition of ``Qualifying country'', adding in alphabetical order, the country of ``Latvia''. 252.225-7017 [Amended] 0 7. Section 252.225-7017 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''. 252.225-7021 [Amended] 0 8. Section 252.225-7021 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; 0 b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and 0 c. In Alternate II-- 0 i. In the clause heading, removing the date of ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''. 252.225-7036 [Amended] 0 9. Section 252.225-7036 is amended by-- 0 a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; 0 b. In paragraph (a), the definition of ``Qualifying country'', adding in alphabetical order, the country of ``Latvia''; 0 c. In Alternate I-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; 0 d. In Alternate II-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; 0 e. In Alternate III-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; 0 f. In Alternate IV-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and [[Page 61485]] 0 g. In Alternate V-- 0 i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and 0 ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''. [FR Doc. 2017-27780 Filed 12-27-17; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations 61483
■ e. In paragraph (10)(i)(C), removing and adding ‘‘$80,317’’ in both places; II. Applicability to Contracts at or
‘‘$191,000’’ and adding ‘‘$180,000’’ in and Below the Simplified Acquisition
its place; and ■ e. In paragraphs (d)(5) and (6) Threshold and for Commercial Items,
■ f. In paragraphs (10)(i)(D) through (F), introductory text, removing ‘‘$191,000’’ Including Commercially Available Off-
removing ‘‘$77,533’’ wherever it appears and adding ‘‘$180,000’’ in its place. the-Shelf Items
and adding ‘‘$80,317’’ in its place. [FR Doc. 2017–27781 Filed 12–27–17; 8:45 am] This rule only updates the list of
225.7017–3 [Amended]
BILLING CODE 5001–06–P qualifying countries in the DFARS by
adding the newly qualifying country of
■ 3. Amend section 225.7017–3, in Latvia. The definition of ‘‘qualifying
paragraph (b), by removing ‘‘$191,000’’ DEPARTMENT OF DEFENSE country’’ is updated in each of the
and adding ‘‘$180,000’’ in its place. following clauses; however, this
Defense Acquisition Regulations
225.7017–4 [Amended] revision does not impact the clause
System
prescriptions for use, or applicability at
■ 4. Amend section 225.7017–4, in or below the simplified acquisition
paragraphs (a)(1) and (b)(1), by 48 CFR Parts 225 and 252
threshold, or applicability to
removing ‘‘$191,000’’ and adding commercial items. The clauses are:
‘‘$180,000’’ in both places. [Docket DARS–2017–0020]
DFARS 252.225–7001, Buy American
and Balance of Payments Program;
225.7503 [Amended] RIN 0750–AJ47
DFARS 252.225–7002, Qualifying
■ 5. Amend section 225.7503 by— Country Sources as Subcontractors;
■ a. In paragraphs (a) and (b) Defense Federal Acquisition
Regulation Supplement: New DFARS 252.225–7012, Preference for
introductory text, removing Certain Domestic Commodities; DFARS
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’ Qualifying Country-Latvia (DFARS
Case 2017–D037) 252.225–7017, Photovoltaic Devices;
in both places; DFARS 252.225–7021, Trade
■ b. In paragraph (b)(1), removing AGENCY: Defense Acquisition Agreements; and DFARS 252.225–7036,
‘‘$10,079,365’’ and adding Regulations System, Department of Buy American—Trade Agreements—
‘‘$10,441,216’’ in its place; Defense (DoD). Balance of Payments Program.
■ c. In paragraph (b)(2), removing
ACTION: Final rule. III. Publication of This Final Rule for
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’
in its place, and removing SUMMARY: DoD is issuing a final rule Public Comment Is Not Required by
‘‘$10,079,365’’ and adding amending the Defense Federal Statute
‘‘$10,441,216’’ in its place; Acquisition Regulation Supplement The statute that applies to the
■ d. In paragraph (b)(3), removing (DFARS) to add Latvia as a qualifying publication of the Federal Acquisition
‘‘$10,079,365’’ and adding country. Regulation (FAR) is 41 U.S.C. 1707
‘‘$10,441,216’’ in its place; and entitled ‘‘Publication of Proposed
■ e. In paragraph (b)(4), removing
DATES:Effective December 28, 2017.
Regulations.’’ Paragraph (a)(1) of the
‘‘$7,358,000’’ and adding ‘‘$6,932,000’’ FOR FURTHER INFORMATION CONTACT: Ms. statute requires that a procurement
in its place, and removing Amy Williams, telephone 571–372– policy, regulation, procedure or form
‘‘$10,079,365’’ and adding 6106. (including an amendment or
‘‘$10,441,216’’ in its place. SUPPLEMENTARY INFORMATION: modification thereof) must be published
for public comment if it relates to the
I. Background
PART 252—SOLICITATION expenditure of appropriated funds, and
PROVISIONS AND CONTRACT DoD is amending the DFARS to add has either a significant effect beyond the
CLAUSES Latvia as a qualifying country. On April internal operating procedures of the
10, 2017, the Secretary of Defense and agency issuing the policy, regulation,
252.225–7017 [Amended] the Minister of Defense of the Republic procedure or form, or has a significant
■ 6. Amend section 252.225–7017 by— of Latvia signed a Reciprocal Defense cost or administrative impact on
■ a. Removing clause date ‘‘(DEC 2016)’’ Procurement Agreement. The Secretary contractors or offerors. This final rule is
and adding ‘‘(JAN 2018)’’ in its place; of Defense also signed, on that day, a not required to be published for public
■ b. In paragraphs (c)(2) and (3), determination and findings that it is comment, because it does not constitute
removing ‘‘$77,533’’ and adding inconsistent with the public interest to a significant DFARS revision within the
‘‘$80,317’’ in its place; and apply the restrictions of the Buy meaning of FAR 1.501–1 and does not
■ c. In paragraphs (c)(4) and (5), American Act to the acquisition of have a significant cost or administrative
removing ‘‘$191,000’’ and adding articles, materials, and supplies, impact on contractors or offerors. Latvia
‘‘$180,000’’ in its place. produced or manufactured in the is added to the list of 26 other countries
Republic of Latvia. The agreement that have similar reciprocal defense
252.225–7018 [Amended] removes discriminatory barriers to procurement agreements with DoD.
■ 7. Amend section 252.225–7018 by— procurements of supplies and services These requirements affect only the
■ a. Removing clause date ‘‘(JAN 2016)’’ produced by industrial enterprises of internal operating procedures of the
and adding ‘‘(JAN 2018)’’ in its place; the other country to the extent mutually Government.
■ b. In paragraph (b)(1) introductory beneficial and consistent with national
sradovich on DSK3GMQ082PROD with RULES
laws, regulations, policies, and IV. Executive Orders 12866 and 13563
text, removing ‘‘$191,000’’ and adding
‘‘$180,000’’ in its place; international obligations. This Executive Order (E.O.) 12866,
■ c. In paragraph (b)(2), removing agreement does not cover construction Regulatory Planning and Review, and
‘‘$191,000’’ and adding ‘‘$180,000’’ in or construction material. Latvia is E.O. 13563, Improving Regulation and
its place; already a designated country under the Regulatory Review, direct agencies to
■ d. In paragraphs (d)(3) and (4) World Trade Organization Government assess all costs and benefits of available
introductory text, removing ‘‘$77,533’’ Procurement Agreement. regulatory alternatives and, if regulation
VerDate Sep<11>2014 16:07 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1](https://thefederalregister.org/doc/82_FR_61731/page/1.svg)
![61484 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations
is necessary, to select regulatory ■ 1. The authority citation for 48 CFR ■ a. In the clause heading, removing the
approaches that maximize net benefits parts 225 and 252 continues to read as date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
(including potential economic, follows: 2017)’’ in its place; and
environmental, public health and safety Authority: 41 U.S.C. 1303 and 48 CFR ■ b. In paragraph (a), the definition of
effects, distributive impacts, and chapter 1. ‘‘Qualifying country’’, adding, in
equity). E.O. 13563 emphasizes the alphabetical order, the country of
importance of quantifying both costs PART 225—FOREIGN ACQUISITION ‘‘Latvia’’.
and benefits, of reducing costs, of
225.003 [Amended] 252.225–7021 [Amended]
harmonizing rules, and of promoting
flexibility. This is not a significant ■ 2. Section 225.003 is amended in ■ 8. Section 252.225–7021 is amended
regulatory action and, therefore, was not paragraph (10), the definition of by—
subject to review under section 6(b) of ‘‘Qualifying country’’, by adding, in ■ a. In the clause heading, removing the
E.O. 12866, Regulatory Planning and alphabetical order, the country of date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
Review, dated September 30, 1993. This ‘‘Latvia’’. 2017)’’ in its place;
rule is not a major rule under 5 U.S.C. ■ b. In paragraph (a), the definition of
804. 225.872–1 [Amended] ‘‘Qualifying country’’, adding, in
■ 3. Section 225.872–1 is amended in alphabetical order, the country of
V. Executive Order 13771 ‘‘Latvia’’; and
paragraph (a) by adding, in alphabetical
This rule is not subject to E.O. 13771, order, the country of ‘‘Latvia’’. ■ c. In Alternate II—
Reducing Regulation and Controlling ■ i. In the clause heading, removing the
Regulatory Costs, because this rule is PART 252—SOLICITATION date of ‘‘(DEC 2016)’’ and adding ‘‘(DEC
not a significant regulatory action under PROVISIONS AND CONTRACT 2017)’’ in its place; and
E.O. 12866. CLAUSES ■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
VI. Regulatory Flexibility Act 252.225–7001 [Amended] alphabetical order, the country of
The Regulatory Flexibility Act does ■ 4. Section 252.225–7001 is amended ‘‘Latvia’’.
not apply to this rule, because this final by—
rule does not constitute a significant 252.225–7036 [Amended]
■ a. In the clause heading, removing the
DFARS revision within the meaning of date ‘‘(DEC 2016)’’ and adding ‘‘(DEC ■ 9. Section 252.225–7036 is amended
FAR 1.501–1, and 41 U.S.C. 1707 does 2017)’’ in its place; by—
not require publication for public ■ b. In paragraph (a), the definition of ■ a. In the clause heading, removing the
comment. ‘‘Qualifying country’’, adding, in date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
alphabetical order, the country of 2017)’’ in its place;
VII. Paperwork Reduction Act ■ b. In paragraph (a), the definition of
‘‘Latvia’’; and
The Paperwork Reduction Act (44 ■ c. In Alternate I—
‘‘Qualifying country’’, adding in
U.S.C. chapter 35) does apply, because ■ i. In the clause heading, removing the
alphabetical order, the country of
the final rule affects the definition of date ‘‘(DEC 2016)’’ and adding ‘‘(DEC ‘‘Latvia’’;
‘‘qualifying country’’ in each of the ■ c. In Alternate I—
2017)’’ in its place; and
following clauses: DFARS 252.225– ■ i. In the clause heading, removing the
■ ii. In paragraph (a), the definition of
7001, Buy American and Balance of date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
‘‘Qualifying country’’, adding, in
Payments Program; DFARS 252.225– 2017)’’ in its place; and
alphabetical order, the country of ■ ii. In paragraph (a), the definition of
7002, Qualifying Country Sources as
‘‘Latvia’’. ‘‘Qualifying country’’, adding, in
Subcontractors; DFARS 252.225–7012,
Preference for Certain Domestic 252.225–7002 [Amended] alphabetical order, the country of
Commodities; DFARS 252.225–7017, ‘‘Latvia’’;
■ 5. Section 252.225–7002 is amended ■ d. In Alternate II—
Photovoltaic Devices; DFARS 252.225–
by— ■ i. In the clause heading, removing the
7021, Trade Agreements; and DFARS
■ a. In the clause heading, removing the date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
252.225–7036, Buy American—Trade
date ‘‘(DEC 2016)’’ and adding ‘‘(DEC 2017)’’ in its place; and
Agreements—Balance of Payments
2017)’’ in its place; and ■ ii. In paragraph (a), the definition of
Program. The changes to these DFARS
■ b. In paragraph (a), the definition of ‘‘Qualifying country’’, adding, in
clauses do not impose additional
‘‘Qualifying country’’, adding, in alphabetical order, the country of
information collection requirements to
alphabetical order, the country of ‘‘Latvia’’;
the paperwork burden previously
‘‘Latvia’’. ■ e. In Alternate III—
approved under OMB Control Number
0704–0229, entitled ‘‘DFARS Part 225, ■ i. In the clause heading, removing the
252.225–7012 [Amended]
Foreign Acquisition and related date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
clauses,’’ because the rule merely shifts ■ 6. Section 252.225–7012 is amended 2017)’’ in its place; and
the category under which items from by— ■ ii. In paragraph (a), the definition of
■ a. In the clause heading, removing the ‘‘Qualifying country’’, adding, in
Latvia must be listed.
date ‘‘(DEC 2016)’’ and adding ‘‘(DEC alphabetical order, the country of
List of Subjects in 48 CFR Parts 225 and 2017)’’ in its place; and ‘‘Latvia’’;
252 ■ b. In paragraph (a), the definition of ■ f. In Alternate IV—
sradovich on DSK3GMQ082PROD with RULES
Government procurement. ‘‘Qualifying country’’, adding in ■ i. In the clause heading, removing the
alphabetical order, the country of date ‘‘(DEC 2016)’’ and adding ‘‘(DEC
Jennifer L. Hawes, ‘‘Latvia’’. 2017)’’ in its place; and
Regulatory Control Officer, Defense ■ ii. In paragraph (a), the definition of
Acquisition Regulations System. 252.225–7017 [Amended]
‘‘Qualifying country’’, adding, in
Therefore, 48 CFR parts 225 and 252 ■ 7. Section 252.225–7017 is amended alphabetical order, the country of
are amended as follows: by— ‘‘Latvia’’; and
VerDate Sep<11>2014 16:07 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1](https://thefederalregister.org/doc/82_FR_61731/page/2.svg)
![Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations 61485
■ g. In Alternate V— employees under § 219.602 of FRA’s DEPARTMENT OF COMMERCE
■ i. In the clause heading, removing the drug and alcohol rule (49 CFR part 219).
date ‘‘(DEC 2016)’’ and adding ‘‘(DEC In addition, because the industry-wide National Oceanic and Atmospheric
2017)’’ in its place; and random alcohol testing violation rate for Administration
■ ii. In paragraph (a), the definition of covered service employees has
‘‘Qualifying country’’, adding, in continued to be below 0.5 percent for 50 CFR Part 622
alphabetical order, the country of the applicable two calendar years, the [Docket No. 170816768–7999–02]
‘‘Latvia’’. Administrator has determined the
[FR Doc. 2017–27780 Filed 12–27–17; 8:45 am] minimum annual random alcohol RIN 0648–BH14
BILLING CODE 5001–06–P testing rate will remain at 10 percent of
Fisheries of the Caribbean, Gulf of
covered service employees from January
Mexico, and South Atlantic; Reef Fish
1, 2018 through December 31, 2018, Fishery of the Gulf of Mexico;
DEPARTMENT OF TRANSPORTATION under § 219.608. Because these rates Modifications to Greater Amberjack
represent minimums, railroads may Allowable Harvest and Rebuilding Plan
Federal Railroad Administration
conduct FRA random testing of covered
service employees at higher rates. AGENCY: National Marine Fisheries
49 CFR Part 219 Service (NMFS), National Oceanic and
On June 12, 2017, maintenance-of-
[Docket No. FRA–2001–11213, Notice No. Atmospheric Administration (NOAA),
way (MOW) employees became subject
22] Commerce.
to FRA random drug and alcohol
ACTION: Final rule.
Drug and Alcohol Testing: testing. In the final rule which
Determination of Minimum Random expanded the scope of part 219 to SUMMARY: NMFS issues regulations to
Testing Rates for 2018 include MOW employees (81 FR 37894, implement management measures
June 10, 2016), FRA had set the initial described in a framework action to the
AGENCY: Federal Railroad minimum annual random testing rates
Administration (FRA), Department of Fishery Management Plan for the Reef
for MOW employees at 50 percent of Fish Resources of the Gulf of Mexico
Transportation (DOT).
MOW employees for drugs and 25 (FMP), as prepared by the Gulf of
ACTION: Notification of determination. percent of MOW employees for alcohol; Mexico Fishery Management Council
SUMMARY: This notification of FRA had set identical initial minimum (Council). This final rule revises the
determination announces the FRA random testing rates for covered commercial and recreational annual
Administrator’s minimum annual employees when they first became catch limits (ACLs) and annual catch
random drug and alcohol testing rates subject to random testing. Unlike targets (ACTs), and modifies the
for calendar year 2018. covered employees, however, FRA does recreational fixed closed season for
not yet have two full years of MIS data greater amberjack in the Gulf of Mexico
DATES: This notification of
to gauge the industry-wide random drug (Gulf) exclusive economic zone (EEZ).
determination is effective December 28,
and random alcohol positive rates for The purpose of this final rule and the
2017.
MOW employees. For this reason, FRA’s framework action is to adjust the
FOR FURTHER INFORMATION CONTACT: Jerry rebuilding time period and to revise the
Powers, FRA Drug and Alcohol Program Administrator has determined that for
MOW employees, from January 1, 2018 sector ACLs and ACTs consistent with
Manager, W33–310, Federal Railroad updated stock status information to end
Administration, 1200 New Jersey through December 31, 2018, the
overfishing and rebuild the greater
Avenue SE, Washington, DC 20590 minimum annual random drug testing
amberjack stock in the Gulf.
(telephone 202–493–6313); or Sam Noe, rate will remain at 50 percent of MOW
employees, and the minimum annual DATES: This final rule is effective
FRA Drug and Alcohol Program
Specialist (telephone 615–719–2951). random alcohol testing rate will remain January 27, 2018.
at 25 percent of MOW employees. As ADDRESSES: Electronic copies of the
SUPPLEMENTARY INFORMATION: For the
next calendar year, FRA determines the with covered service employees, framework action, which includes an
minimum annual random drug testing because these rates represent environmental assessment, a regulatory
rate and the minimum annual random minimums, railroads may conduct FRA impact review, and a Regulatory
alcohol testing rate for railroad random testing of MOW employees at Flexibility Act (RFA) analysis may be
employees covered by hours of service higher rates. obtained from the Southeast Regional
laws and regulations (covered service Office website at http://
Issued in Washington, DC, on December sero.nmfs.noaa.gov/sustainable_
employees) based on the railroad 21, 2017.
industry data available for the two fisheries/gulf_fisheries/reef_fish/2017/
previous calendar years (for this
Juan D. Reyes, III, GAJ_Framework/gaj_framework.pdf.
document, calendar years 2015 and Chief Counsel. FOR FURTHER INFORMATION CONTACT:
2016). Railroad industry data submitted [FR Doc. 2017–27976 Filed 12–27–17; 8:45 am] Kelli O’Donnell, Southeast Regional
to FRA’s Management Information BILLING CODE 4910–06–P Office, NMFS, telephone: 727–824–
System (MIS) shows the rail industry’s 5305, email: Kelli.ODonnell@noaa.gov.
random drug testing positive rate for SUPPLEMENTARY INFORMATION: The Gulf
covered service employees has reef fish fishery, which includes greater
sradovich on DSK3GMQ082PROD with RULES
continued to be below 1.0 percent for amberjack, is managed under the FMP.
the applicable two calendar years. The Council prepared the FMP, and
FRA’s Administrator has therefore NMFS implements the FMP under the
determined the minimum annual authority of the Magnuson-Stevens
random drug testing rate from January 1, Fishery Conservation and Management
2018 through December 31, 2018, will Act (Magnuson-Steven Act) through
remain at 25 percent of covered service regulations at 50 CFR part 622.
VerDate Sep<11>2014 16:07 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1](https://thefederalregister.org/doc/82_FR_61731/page/3.svg)
Document Created: 2017-12-28 00:43:54
Document Modified: 2017-12-28 00:43:54
| 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 December 28, 2017. | |
| Contact | Ms. Amy Williams, telephone 571-372- 6106. | |
| FR Citation | 82 FR 61483 | |
| RIN Number | 0750-AJ47 | |
| CFR Citation | 48
CFR
225 48 CFR 252 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR