[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24891-24892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11344]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2018-0030]
RIN 0750-AJ88
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Riding Gang Member Requirements'' (DFARS Case 2018-
D026)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify the agency that
conducts the background check procedures that are required for
contractors who perform work on U.S.-flag vessels under DoD contracts
for ocean transportation services.
DATES: Effective May 30, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to modify the clause at DFARS 252.247-
7027, Riding Gang Member Requirements. This DFARS clause is included in
solicitations and contracts for the acquisition of commercial items,
which are for the charter of, or contract for carriage of cargo by, a
U.S.-flag vessel documented under 46 U.S.C., chapter 121.
DFARS clause, 252.247-7027, Riding Gang Member Requirements,
ensures that riding gang members are qualified to serve on board the
vessel and that both riding gang members and DoD-exempted individuals
onboard will not pose a security risk based on criminal or other
records. Paragraph (c)(2)(i)(B) of the clause requires the contractor
to immediately remove any exempted individual from the vessel that is
deemed unsuitable by Military Sealift Command (MSC) Force Protection.
This requirement imposes duties on MSC that exceed the scope of their
personnel screening agreement. MSC has authorization to screen persons
who have access to MSC chartered vessels, but they do not screen
persons who have access to non-MSC chartered or contracted vessels.
This paragraph is modified to state that the Government agency
conducting the background
[[Page 24892]]
check is the authority responsible for deeming the individual
unsuitable, not MSC.
The modification of this DFARS clause supports a recommendation
from the DoD Regulatory Reform Task Force. On February 24, 2017, the
President signed Executive Order (E.O.) 13777, ``Enforcing the
Regulatory Reform Agenda,'' which established a Federal policy ``to
alleviate unnecessary regulatory burdens'' on the American people. In
accordance with E.O. 13777, DoD established a Regulatory Reform Task
Force to review and validate DoD regulations, including the DFARS. A
public notice of the establishment of the DFARS Subgroup to the DoD
Regulatory Reform Task Force, for the purpose of reviewing DFARS
provisions and clauses, was published in the Federal Register at 82 FR
35741 on August 1, 2017, and requested public input. No public comments
were received on this provision. Subsequently, the DoD Task Force
reviewed the requirements of DFARS clause 252.247-7027 and determined
that the clause text needed to be modified.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf Items
This rule does not add any new provisions or clauses. The rule only
revises DFARS clause 252.247-7027, Riding Gang Member Requirements, to
state that the Government agency conducting the background check is the
authority responsible for deeming the individual unsuitable, in lieu of
the Military Sealift Command force protection personnel. This clause is
already prescribed for use in commercial item acquisitions, and for use
below the SAT.
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 the Office of Federal Procurement
Policy statute (codified at title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1) 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 DoD is not
issuing a new regulation; rather, this rule simply updates the name of
a Government agency to reflect current Government procedures.
IV. Executive Orders 12866 and 13563
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 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.
The Office of Management and Budget, Office of Information and
Regulatory Affairs (OIRA), has determined that this is not a
significant regulatory action as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to review under section 6(b).
This rule is not a major rule as defined at 5 U.S.C. 804(2).
V. Executive Order 13771
This rule is not an Executive Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory Costs, regulatory action, because
the rule is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.247-7027 [Amended]
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2. Amend section 252.247-7027 by--
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a. Removing the clause date ``(OCT 2011)'' and adding ``(MAY 2018)'' in
its place; and
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b. In paragraph (c)(2)(i)(B), removing ``Military Sealift Command Force
Protection personnel'' and adding ``the Government agency conducting
the background checks'' in its place.
[FR Doc. 2018-11344 Filed 5-29-18; 8:45 am]
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