83 FR 3274 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 16 (January 24, 2018)
Federal Register Volume 83, Issue 16 (January 24, 2018)
| Page Range | 3274-3275 | |
| FR Document | 2018-01213 |
[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)] [Rules and Regulations] [Pages 3274-3275] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01213] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 15 [GN Docket No. 12-268; FCC 15-140] Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: The Federal Communications Commission (Commission) is announcing that three final rules that appeared in the Federal Register as part of the Commission's rulemaking Expanding the Economic and Innovation Opportunities of Spectrum do not need information collection approval from the Office of Management and Budget (OMB) and are effective immediately. This document is consistent with a Report and Order in which the Commission stated that it would publish a document in the Federal Register announcing OMB approval and the effective date of these rules. DATES: 47 CFR 15.713(b)(2)(iv), 15.713(j)(10) introductory text and 15.715(n) published at 81 FR 4969, January 29, 2016, are effective on January 24, 2018. FOR FURTHER INFORMATION CONTACT: Cathy Williams at (202) 418-2918, or via email at Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: The Report and Order, GN Docket No. 12-268, FCC 15-140, published at 81 FR 4969, January 29, 2016, stated that modifications to section 15.713(b)(2)(iv), 15.713(j)(10) introductory text and section 15.715(n) would not become effective until after the Federal Register publication of the date that OMB approved the resulting modification of the information collections under the Paperwork Reduction Act (PRA) and the effective date of such modifications. Because subsequent review and consultation with OMB has revealed that there is no existing information [[Page 3275]] collection that will be modified by these rules, OMB review is not necessary. Thus, these rules may become effective immediately. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2018-01213 Filed 1-23-18; 8:45 am] BILLING CODE 6712-01-P
![3274 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Rules and Regulations
(‘‘Federalism’’) if it has a substantial determined that it is not a ‘‘significant ■ a. In paragraph (a)(ii), remove the
direct effect on State or local energy action’’ under that order because word ‘‘danger’’; and
governments and would either preempt it is not a ‘‘significant regulatory action’’ ■ b. In paragraph (c)(ii), remove the
State law or impose a substantial direct under Executive Order 12866 and is not word ‘‘danger’’.
cost of compliance on them. We have likely to have a significant adverse effect
Katia Kroutil,
analyzed this rule under Executive on the supply, distribution, or use of
Order 13132 and have determined that energy. Chief, Office of Regulations and
Administrative Law.
it does not have implications for
L. Technical Standards [FR Doc. 2018–01304 Filed 1–23–18; 8:45 am]
federalism.
The National Technology Transfer BILLING CODE 9110–04–P
F. Unfunded Mandates Reform Act and Advancement Act, codified as a
The Unfunded Mandates Reform Act note to 15 U.S.C. 272, directs agencies
of 1995, 2 U.S.C. 1531–1538, requires to use voluntary consensus standards in FEDERAL COMMUNICATIONS
Federal agencies to assess the effects of their regulatory activities unless the COMMISSION
their discretionary regulatory actions. In agency provides Congress, through
particular, the Act addresses actions OMB, with an explanation of why using 47 CFR Part 15
that may result in the expenditure by a these standards would be inconsistent [GN Docket No. 12–268; FCC 15–140]
State, local, or tribal government, in the with applicable law or otherwise
aggregate, or by the private sector of impractical. Voluntary consensus Expanding the Economic and
$100,000,000 (adjusted for inflation) or standards are technical standards (e.g., Innovation Opportunities of Spectrum
more in any one year. Though this rule specifications of materials, performance, Through Incentive Auctions
will not result in such an expenditure, design, or operation; test methods;
we do discuss the effects of this rule sampling procedures; and related AGENCY: Federal Communications
elsewhere in this preamble. management systems practices) that are Commission.
developed or adopted by voluntary ACTION: Final rule; announcement of
G. Taking of Private Property
consensus standards bodies. This rule effective date.
This rule will not cause a taking of does not use technical standards.
private property or otherwise have Therefore, we did not consider the use SUMMARY: The Federal Communications
taking implications under Executive of voluntary consensus standards. Commission (Commission) is
Order 12630 (‘‘Governmental Actions announcing that three final rules that
and Interference with Constitutionally M. Environment appeared in the Federal Register as part
Protected Property Rights’’). We have analyzed this rule under of the Commission’s rulemaking
Department of Homeland Security Expanding the Economic and
H. Civil Justice Reform Innovation Opportunities of Spectrum
Management Directive 023–01 and
This rule meets applicable standards Commandant Instruction M16475.lD do not need information collection
in sections 3(a) and 3(b)(2) of Executive (COMDTINST M16475.1D), which guide approval from the Office of Management
Order 12988, (‘‘Civil Justice Reform’’), to the Coast Guard in complying with the and Budget (OMB) and are effective
minimize litigation, eliminate National Environmental Policy Act of immediately. This document is
ambiguity, and reduce burden. 1969 (42 U.S.C. 4321–4370f), and have consistent with a Report and Order in
concluded that this action is one of a which the Commission stated that it
I. Protection of Children
category of actions that do not would publish a document in the
We have analyzed this rule under individually or cumulatively have a Federal Register announcing OMB
Executive Order 13045 (‘‘Protection of significant effect on the human approval and the effective date of these
Children from Environmental Health environment. This rule is categorically rules.
Risks and Safety Risks’’). This rule is excluded under section 2.B.2 and figure DATES: 47 CFR 15.713(b)(2)(iv),
not an economically significant rule and 2–1, paragraphs (34)(a) of the 15.713(j)(10) introductory text and
would not create an environmental risk Instruction. This final rule involves 15.715(n) published at 81 FR 4969,
to health or risk to safety that might amendments to regulations that are January 29, 2016, are effective on
disproportionately affect children. editorial. January 24, 2018.
J. Indian Tribal Governments List of Subjects in 33 CFR Part 83 FOR FURTHER INFORMATION CONTACT:
This rule does not have tribal Cathy Williams at (202) 418–2918, or
Navigation (water), Waterways. via email at Cathy.Williams@fcc.gov.
implications under Executive Order
13175 (‘‘Consultation and Coordination For the reasons discussed in the SUPPLEMENTARY INFORMATION: The
with Indian Tribal Governments’’), preamble, the Coast Guard amends 33 Report and Order, GN Docket No. 12–
because it would not have a substantial CFR part 83 as follows: 268, FCC 15–140, published at 81 FR
direct effect on one or more Indian 4969, January 29, 2016, stated that
PART 83—NAVIGATION RULES modifications to section 15.713(b)(2)(iv),
tribes, on the relationship between the
Federal Government and Indian tribes, 15.713(j)(10) introductory text and
■ 1. The authority citation for part 83
or on the distribution of power and section 15.715(n) would not become
continues to read as follows:
responsibilities between the Federal effective until after the Federal Register
Government and Indian tribes. Authority: Sec. 303, Pub. L. 108–293, 118 publication of the date that OMB
Stat. 1042 (33 U.S.C. 2071); Department of approved the resulting modification of
daltland on DSKBBV9HB2PROD with RULES
K. Energy Effects Homeland Security Delegation No. 0170.1.
the information collections under the
We have analyzed this rule under ■ 2. Revise the heading for part 83 to Paperwork Reduction Act (PRA) and the
Executive Order 13211 (‘‘Actions read as set forth above. effective date of such modifications.
Concerning Regulations That Because subsequent review and
§ 83.34 [Amended]
Significantly Affect Energy Supply, consultation with OMB has revealed
Distribution, or Use’’). We have ■ 3. Amend § 83.34 as follows: that there is no existing information
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![Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Rules and Regulations 3275
collection that will be modified by these activities and Schedule contractors. II. Discussion of the Proposed Rule
rules, OMB review is not necessary. Ordering activities enjoy simplified The proposed rule published in the
Thus, these rules may become effective ordering procedures and reduced prices, Federal Register at 81 FR 62445 on
immediately. while Schedule contractors connect September 9, 2016 and addressed the
Federal Communications Commission. with federal business quickly and importance of providing the same
Marlene H. Dortch,
easily. Additional features of the flexibility for the FSS program that is
Schedules program, including Blanket currently authorized for other indefinite
Secretary.
Purchase Agreements (BPAs) and delivery, indefinite quantity (IDIQ)
[FR Doc. 2018–01213 Filed 1–23–18; 8:45 am]
Contractor Team Arrangements (CTAs), vehicles, which will help reduce
BILLING CODE 6712–01–P greatly enhance the flexibility of the contract duplication and the associated
program. administrative costs and inefficiencies.
These features offer: GSA also discussed how the proposed
GENERAL SERVICES • Additional price discounts for
changes would also reduce transaction
ADMINISTRATION ordering activities;
• Expanded opportunities for costs by eliminating the need for
48 CFR Parts 515, 538, and 552 contractors; additional contracts for ancillary work.
• Elimination of redundant effort, The rule aimed at achieving parity
[GSAR Case 2016–G506; Docket No. 2016– between the FSS programs and other
0016; Sequence No. 1] with a single contracting vehicle
fulfilling complex or ongoing needs; IDIQs, in terms of acquiring OLMs.
RIN 3090–AJ75 • Reductions in administrative time The rule presented two price
and paperwork; protections found in all IDIQ contracts
General Services Administration • Expanded business opportunities which authorized OLMs plus three
Acquisition Regulation (GSAR); for socioeconomic groups; and additional price protections not
Federal Supply Schedule, Order-Level • Help for ordering activities wishing generally found in such contracts.
Materials to reach socioeconomic goals. All IDIQ contracts authorizing OLMs
The Schedules Program supports include two key government
AGENCY: Office of Acquisition Policy,
Federal Agencies’ missions by providing protections:
General Services Administration. 1. The contracting officer must
access from simple commodities such as
ACTION: Final rule. determine the prices are fair and
pens and pencils to complex services
such as IT Modernization. reasonable.
SUMMARY: The General Services 2. FAR Clause 52.212–4 Alternate 1
Administration (GSA) is amending the Authority for This Rulemaking paragraph (i)(1)(ii) which addresses:
General Services Administration
Acquisition Regulation (GSAR) to 41 U.S.C. 152(3)(B) deemed FSS a. Paying for commercial items at prices
clarify the authority to acquire order- procedures to meet the Competition in not to exceed established catalog or
level materials (OLMs) when placing an Contracting Act (CICA) requirement of market price
individual task or delivery order against full and open competition as long as b. Conditions for reimbursing
a Federal Supply Schedule (FSS) participation has been open to all contractors for actual cost
responsible sources; and orders and c. Procedures for handling indirect cost
contract or FSS blanket purchase
contracts under those procedures result reimbursement
agreement (BPA). OLMs are supplies
and/or services acquired in direct in the lowest overall cost alternative to The three unique protections GSA
support of an individual task or delivery meet the needs of the Federal included in the proposed rule were:
order placed against an FSS contract or Government. 1. The requirement to submit three
BPA, when the supplies and/or services GSA has long recognized the lowest quotes;
are not known at the time of contract or overall cost alternative does not just 2. Limitation of percentage of order
BPA award. include the actual price paid to the which can be OLM; and
contractor, but also the administrative 3. Establishment of an OLM SIN,
DATES: Effective: January 24, 2018. cost of conducting the acquisition. For which requires reporting of OLM.
FOR FURTHER INFORMATION CONTACT: Ms. example, GSA charges a low Commenters noted that due to these
Leah Price, GSA Acquisition Policy transactional fee for orders to be placed three unique GSA protections, the
Division, Senior Policy Advisor, at against a Schedule and the efficiency of proposed rule did not fully meet the
leah.price@gsa.gov. For information the simplified acquisition process parity objective. In the final rule, GSA
pertaining to status or publication translates to time and cost savings. The maintained these three unique
schedules, contact the Regulatory administrative cost to acquire similar protections while simplifying and
Secretariat at 202–501–4755. Please cite goods or services combined with narrowing the three quote requirement.
GSAR Case 2016–G506. possible fees on a new contract This is more fully discussed in the
SUPPLEMENTARY INFORMATION: duplicates efforts resulting in a less Analysis of Public Comments section.
efficient way to acquire those goods or GSA agrees that this leaves the final rule
I. Background close to, but not at full parity. However,
services.
GSA’s Federal Supply Schedule (FSS) This is also consistent with the the requirements are currently the best
program, commonly known as the GSA Federal Acquisition System and its available means to ensure price
Schedules program or Multiple Award principle to minimize administrative reasonableness and provide confidence
Schedule (MAS) program is the operating costs (FAR 1.102(b)(2)). The to customers when using the new OLM
Government’s most used commercial- Federal Acquisition System is designed
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authority on Federal Supply Schedules.
item purchasing channel, accounting for to deliver the best value product or This is more fully discussed in the
approximately $33 billion of Federal service to the customer in terms of cost, Analysis of Public Comments section.
contract awards in fiscal year 2016 (not quality, and timeliness. By lowering the These price protections, when
including the VA Schedules). cost to conduct the acquisition, and combined with the current design of the
GSA Schedules provide a convenient simplifying the acquisition process, FSS program, are sufficient to ensure
and effective option for both ordering administrative savings can be achieved. the Federal Supply Schedules continue
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Document Created: 2018-10-26 10:01:24
Document Modified: 2018-10-26 10:01:24
| 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; announcement of effective date. | |
| Dates | 47 CFR 15.713(b)(2)(iv), 15.713(j)(10) introductory text and 15.715(n) published at 81 FR 4969, January 29, 2016, are effective on January 24, 2018. | |
| Contact | Cathy Williams at (202) 418-2918, or via email at [email protected] | |
| FR Citation | 83 FR 3274 |
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