82_FR_7783 82 FR 7770 - Federal Acquisition Regulation; Effective Communication Between Government and Industry; Extension of Time for Comments

82 FR 7770 - Federal Acquisition Regulation; Effective Communication Between Government and Industry; Extension of Time for Comments

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7770-7771
FR Document2017-01405

DoD, GSA, and NASA issued a proposed rule (FAR Case 2016-005) on November 29, 2016, amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2016. This rule clarifies that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms. The deadline for submitting comments is being extended from January 30, 2017 to March 2, 2017 to provide additional time for interested parties to provide comments on the FAR case.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Proposed Rules]
[Pages 7770-7771]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01405]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1

[FAR Case 2016-005; Docket No. 2016-0005; Sequence No. 1]
RIN 9000-AN29


Federal Acquisition Regulation; Effective Communication Between 
Government and Industry; Extension of Time for Comments

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

ACTION: Proposed rule; extension of comment period.

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SUMMARY: DoD, GSA, and NASA issued a proposed rule (FAR Case 2016-005) 
on November 29, 2016, amending the Federal Acquisition Regulation (FAR) 
to implement a section of the National Defense Authorization Act for 
Fiscal Year 2016. This rule clarifies that agency acquisition personnel 
are permitted and encouraged to engage in responsible and constructive 
exchanges with industry, so long as those exchanges are consistent with 
existing law and regulation and do not promote an unfair competitive 
advantage to particular firms. The deadline for submitting comments is 
being extended from January 30, 2017 to March 2, 2017 to provide 
additional time for interested parties to provide comments on the FAR 
case.

DATES: For the proposed rule published on November 29, 2016 (81 FR 
85914), submit comments by March 2, 2017.

ADDRESSES: Submit comments in response to FAR Case 2016-005 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2016-005''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2016-005.'' Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2016-005'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd 
Floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2016-
005, in all

[[Page 7771]]

correspondence related to this case. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at 202-208-4949, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAR Case 2016-005.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 81 FR 85914, on November 29, 2016. The comment period is 
extended to provide additional time for interested parties to submit 
comments on the FAR case until March 2, 2017.

List of Subjects in 48 CFR Part 1

    Government procurement.

    Dated: January 17, 2017.
William F. Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2017-01405 Filed 1-19-17; 8:45 am]
 BILLING CODE 6820-EP-P



                                                    7770                    Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules

                                                    collected to help determine the extent to               burdens and relieve possible adverse                   DEPARTMENT OF DEFENSE
                                                    which RTT reduces reliance on TRS or                    economic impact on small entities.
                                                    alternatively the extent to which the                                                                          GENERAL SERVICES
                                                                                                              24. In document FCC 16–169, the
                                                    introduction of RTT increases TRS use                                                                          ADMINISTRATION
                                                                                                            Commission also seeks comment on
                                                    among some consumers because it has                     identifying certain RTT features or
                                                    enhanced the ability of TRS to provide                                                                         NATIONAL AERONAUTICS AND
                                                                                                            functional capabilities, such as                       SPACE ADMINISTRATION
                                                    functionally equivalent telephone
                                                                                                            compatibility with refreshable braille
                                                    service.
                                                                                                            displays and block mode transmission,                  48 CFR Part 1
                                                    Steps Taken To Minimize Significant                     that are necessary to meet the
                                                    Economic Impact on Small Entities, and                  communication needs of individuals                     [FAR Case 2016–005; Docket No. 2016–
                                                    Significant Alternatives Considered                                                                            0005; Sequence No. 1]
                                                                                                            who are deaf-blind, people with
                                                                                                            cognitive disabilities, or other specific              RIN 9000–AN29
                                                       21. The RFA requires an agency to
                                                    describe any significant, specifically                  segments of the disability community.
                                                                                                            In seeking comments on feasibility, the                Federal Acquisition Regulation;
                                                    small business, alternatives that it has                                                                       Effective Communication Between
                                                    considered in reaching its proposed                     Commission seeks to integrate flexibility
                                                                                                                                                                   Government and Industry; Extension
                                                    approach, which may include the                         into the requirements to take into
                                                                                                                                                                   of Time for Comments
                                                    following four alternatives (among                      consideration the limitations of small
                                                    others): ‘‘(1) the establishment of                     businesses. Because the Commission                     AGENCY:  Department of Defense (DoD),
                                                    differing compliance or reporting                       will require implementation of these                   General Services Administration (GSA),
                                                    requirements or timetables that take into               features only if achievable, the                       and National Aeronautics and Space
                                                    account the resources available to small                Commission anticipates that there will                 Administration (NASA).
                                                    entities; (2) the clarification,                        be little to no impact on small entities               ACTION: Proposed rule; extension of
                                                    consolidation, or simplification of                     that would claim the requirement is not                comment period.
                                                    compliance or reporting requirements                    achievable.
                                                    under the rule for small entities; (3) the                                                                     SUMMARY:    DoD, GSA, and NASA issued
                                                    use of performance, rather than design,                 Federal Rules That May Duplicate,                      a proposed rule (FAR Case 2016–005)
                                                                                                            Overlap, or Conflict With the                          on November 29, 2016, amending the
                                                    standards; and (4) an exemption from
                                                                                                            Commission’s Proposals                                 Federal Acquisition Regulation (FAR) to
                                                    coverage of the rule, or any part thereof,
                                                                                                                                                                   implement a section of the National
                                                    for small entities.’’
                                                                                                              25. None.                                            Defense Authorization Act for Fiscal
                                                       22. In document FCC 16–169, the                                                                             Year 2016. This rule clarifies that
                                                    Commission seeks comment on the type                    Ordering Clauses                                       agency acquisition personnel are
                                                    of data and metrics that can be used to                                                                        permitted and encouraged to engage in
                                                    monitor the availability, adoption, and                   Pursuant to sections 4(i), 225, 255,
                                                                                                            301, 303(r), 316, 403, 715, and 716 of                 responsible and constructive exchanges
                                                    acceptance of RTT services and devices.                                                                        with industry, so long as those
                                                    This information is intended to help the                the Communications Act of 1934, as
                                                                                                                                                                   exchanges are consistent with existing
                                                    Commission determine when TTY users                     amended, and section 106 of the CVAA,
                                                                                                                                                                   law and regulation and do not promote
                                                    have transitioned to RTT to a point that                47 U.S.C. 154(i), 225, 255, 301, 303(r),               an unfair competitive advantage to
                                                    would warrant elimination of the                        316, 403, 615c, 616, 617, document FCC                 particular firms. The deadline for
                                                    requirement for RTT to be backward                      16–169 is adopted.                                     submitting comments is being extended
                                                    compatible with TTY. While the                            The Commission’s Consumer                            from January 30, 2017 to March 2, 2017
                                                    collection of data may initially burden                 Information Bureau, Reference                          to provide additional time for interested
                                                    small businesses, the eventual sunset of                Information Center, shall send a copy of               parties to provide comments on the FAR
                                                    the obligation to ensure that RTT is                                                                           case.
                                                                                                            document FCC 16–169, including the
                                                    backward compatible with TTY will in                                                                           DATES: For the proposed rule published
                                                                                                            Initial Regulatory Flexibility Analysis,
                                                    the long run reduce the burden for small                                                                       on November 29, 2016 (81 FR 85914),
                                                                                                            to the Chief Counsel for Advocacy of the
                                                    entities and emergency call centers to                                                                         submit comments by March 2, 2017.
                                                    maintain TTY technology and backward                    Small Business Administration.
                                                                                                                                                                   ADDRESSES: Submit comments in
                                                    compatibility capability.                               Federal Communications Commission.
                                                                                                                                                                   response to FAR Case 2016–005 by any
                                                       23. The Commission also seeks                        Katura Howard,                                         of the following methods:
                                                    comments on the costs, benefits,                        Federal Register Liaison Officer, Office of the           • Regulations.gov: http://
                                                    feasibility, and appropriate timeline for               Secretary.                                             www.regulations.gov. Submit comments
                                                    requiring IP-based TRS providers to                     [FR Doc. 2017–01382 Filed 1–19–17; 8:45 am]            via the Federal eRulemaking portal by
                                                    incorporate RTT capability into the                     BILLING CODE 6712–01–P                                 searching for ‘‘FAR Case 2016–005’’.
                                                    provision of their services. The                                                                               Select the link ‘‘Comment Now’’ that
                                                    information requested will inform the                                                                          corresponds with ‘‘FAR Case 2016–
                                                    Commission of concerns with the                                                                                005.’’ Follow the instructions provided
                                                    transition and appropriate timelines for                                                                       at the ‘‘Comment Now’’ screen. Please
                                                    all entities, which will allow the                                                                             include your name, company name (if
                                                    Commission to consider rules and                                                                               any), and ‘‘FAR Case 2016–005’’ on your
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    implementation deadlines that                                                                                  attached document.
                                                    minimize burdens and relieve possible                                                                             • Mail: General Services
                                                    adverse economic impact on small                                                                               Administration, Regulatory Secretariat
                                                    entities. The Commission’s gathering of                                                                        Division (MVCB), ATTN: Ms. Flowers,
                                                    information to determine the effect of                                                                         1800 F Street NW., 2nd Floor,
                                                    RTT on TRS services and the TRS Fund                                                                           Washington, DC 20405.
                                                    will allow the Commission to consider                                                                             Instructions: Please submit comments
                                                    changes to the rules that may minimize                                                                         only and cite FAR Case 2016–005, in all


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                                                                            Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules                                              7771

                                                    correspondence related to this case. All                The proposed revision of the drug-                     Mandatory Guidelines) published on
                                                    comments received will be posted                        testing panel is intended to harmonize                 January 23, 2017, effective October 1,
                                                    without change to http://                               with the revised Mandatory Guidelines                  2017. DOT currently requires urine
                                                    www.regulations.gov, including any                      established by the U.S. Department of                  testing for safety-sensitive
                                                    personal and/or business confidential                   Health and Human Services for Federal                  transportation industry employees
                                                    information provided.                                   drug-testing programs for urine testing.               subject to drug testing under Part 40.
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                    This proposal also adds clarification to
                                                                                                                                                                      There are two changes to the HHS
                                                    Michael O. Jackson, Procurement                         certain drug-testing program provisions
                                                                                                            where necessary, removes outdated                      Mandatory Guidelines to which this
                                                    Analyst, at 202–208–4949, for                                                                                  notice proposes to harmonize Part 40.
                                                    clarification of content. For information               information in the regulations that is no
                                                                                                            longer needed, and proposes to remove                  First, the revised HHS Mandatory
                                                    pertaining to status or publication
                                                                                                            the requirement for employers and                      Guidelines, in part, allow Federal
                                                    schedules, contact the Regulatory
                                                                                                            Consortium/Third Party Administrators                  agencies with drug-testing
                                                    Secretariat Division at 202–501–4755.
                                                    Please cite FAR Case 2016–005.                          to submit blind specimens.                             responsibilities to test for four
                                                                                                            DATES: Comments to the notice of                       additional Schedule II (of the Controlled
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            proposed rulemaking should be                          Substances Act) prescription
                                                    I. Background                                           submitted by March 24, 2017. Late-filed                medications: Hydrocodone,
                                                      DoD, GSA, and NASA published a                        comments will be considered to the                     hydromorphone, oxycodone, and
                                                    proposed rule in the Federal Register at                extent practicable.                                    oxymorphone. Second, the HHS
                                                    81 FR 85914, on November 29, 2016.                      ADDRESSES: To ensure that you do not                   Mandatory Guidelines remove
                                                    The comment period is extended to                       duplicate your docket submissions,                     methylenedioxyethylamphetamine,
                                                    provide additional time for interested                  please submit them by only one of the                  (MDEA) as a confirmatory test analyte
                                                    parties to submit comments on the FAR                   following means:                                       from the existing drug-testing panel and
                                                    case until March 2, 2017.                                 • Federal eRulemaking Portal: Go to                  add methylenedioxyamphetamine
                                                                                                            http://www.regulations.gov and follow                  (MDA) as an initial test analyte.
                                                    List of Subjects in 48 CFR Part 1                       the online instructions for submitting                    In addition to harmonizing with
                                                       Government procurement.                              comments.                                              pertinent sections of the HHS
                                                      Dated: January 17, 2017.                                • Mail: Docket Management Facility,                  Mandatory Guidelines for urine testing,
                                                                                                            U.S. Department of Transportation, 1200
                                                    William F. Clark,                                                                                              we also propose in this NPRM to modify
                                                                                                            New Jersey Ave. SE., West Building
                                                    Director, Office of Governmentwide                                                                             (for clarification) certain existing Part 40
                                                    Acquisition Policy, Office of Acquisition
                                                                                                            Ground Floor Room W12–140,
                                                                                                            Washington, DC 20590–0001.                             provisions that cover the handling of
                                                    Policy, Office of Governmentwide Policy.                                                                       urine specimens; to remove provisions
                                                                                                              • Hand delivery: West Building
                                                    [FR Doc. 2017–01405 Filed 1–19–17; 8:45 am]                                                                    that no longer are necessary (such as
                                                                                                            Ground Floor, Room W–12–140, 1200
                                                    BILLING CODE 6820–EP–P
                                                                                                            New Jersey Ave. SE., between 9 a.m.                    obsolete compliance dates); and to add
                                                                                                            and 5 p.m., Monday through Friday,                     clarifying language to other provisions
                                                                                                            except Federal holidays. The telephone                 (such as updated definitions and web
                                                    DEPARTMENT OF TRANSPORTATION                            number is 202–366–9329.                                links where necessary.) The Department
                                                                                                              Instructions: To ensure proper                       also proposes to remove existing Part 40
                                                    Office of the Secretary                                 docketing of your comment, please                      requirements related to blind specimen
                                                                                                            include the agency name and docket                     testing.
                                                    49 CFR Part 40                                          number DOT–OST–2016–0189 or the
                                                                                                            Regulatory Identification Number (RIN),                II. Authority for This Rulemaking
                                                    [Docket DOT–OST–2016–0189]
                                                                                                            2105–AE58, for the rulemaking at the                     This rulemaking is promulgated
                                                    RIN 2105–AE58                                           beginning of your comments. All                        pursuant to the Omnibus Transportation
                                                                                                            comments received will be posted                       Employee Testing Act (OTETA) of 1991
                                                    Procedures for Transportation                           without change to http://
                                                    Workplace Drug and Alcohol Testing                                                                             (Pub. L. 102–143, tit. V, 105 Stat. 952).
                                                                                                            www.regulations.gov, including any
                                                    Programs: Addition of Certain                                                                                  OTETA sets forth DOT reliance on the
                                                                                                            personal information provided.
                                                    Schedule II Drugs to the Department of                                                                         HHS Mandatory Guidelines for
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Transportation’s Drug-Testing Panel                                                                            scientific testing issues. Section 503 of
                                                                                                            Patrice M. Kelly, Acting Director, Office
                                                    and Certain Minor Amendments                                                                                   the Supplemental Appropriations Act,
                                                                                                            of Drug and Alcohol Policy and
                                                                                                                                                                   1987 (Pub. L. 100–71, 101 Stat 391,
                                                    AGENCY: Office of the Secretary of                      Compliance, 1200 New Jersey Avenue
                                                                                                                                                                   468), 5 U.S.C. 7301, and Executive
                                                    Transportation (OST), U.S. Department                   SE., Washington, DC 20590; telephone
                                                                                                            number 202–366–3784;                                   Order 12564 establish HHS as the
                                                    of Transportation (DOT).
                                                                                                            ODAPCWebMail@dot.gov.                                  agency that directs scientific and
                                                    ACTION: Notice of proposed rulemaking.
                                                                                                                                                                   technical guidelines for Federal
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    SUMMARY:   The Department of                                                                                   workplace drug-testing programs and
                                                    Transportation is proposing to amend                    I. Purpose                                             standards for certification of laboratories
                                                    its drug-testing program regulation to                     The Department of Transportation                    engaged in such drug testing. While
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    add four opioids (hydrocodone,                          (DOT or the Department) is issuing this                DOT has discretion concerning many
                                                    hydromorphone, oxymorphone, and                         notice of proposed rulemaking (NPRM)                   aspects of the regulations governing
                                                    oxycodone) to its drug-testing panel;                   to revise Part 40 of Title 49 of the Code              testing in the transportation industries’
                                                    add methylenedioxyamphetamine                           of Federal Regulations to harmonize                    regulated programs, we must follow the
                                                    (MDA) as an initial test analyte; and                   with the revised Department of Health                  HHS Mandatory Guidelines for the
                                                    remove                                                  and Human Services (HHS) Mandatory                     categories of drugs for which we will
                                                    methylenedioxyethylamphetamine,                         Guidelines for Federal Workplace Drug                  require testing.
                                                    (MDEA) as a confirmatory test analyte.                  Testing Programs using Urine (HHS


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Document Created: 2017-01-20 01:29:58
Document Modified: 2017-01-20 01:29:58
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 rule; extension of comment period.
DatesFor the proposed rule published on November 29, 2016 (81 FR 85914), submit comments by March 2, 2017.
ContactMr. Michael O. Jackson, Procurement Analyst, at 202-208-4949, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAR Case 2016-005.
FR Citation82 FR 7770 
RIN Number9000-AN29

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