Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58155 

excess of 5 years only if the head of the 

contracting activity determines, on the 

basis of a business case analysis (see PGI 

217.174 for a business case analysis 

template and guidance) prepared by the 

requiring activity, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 5 

years. 

* * * * * 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

■ 8. Section 241.103 paragraph (2) is 

revised to read as follows: 

241.103 Statutory and delegated authority. 

* * * * * 

(2) See 217.174 for authority to enter 

into multiyear contracts for electricity 

from renewable energy sources. 

* * * * * 

[FR Doc. 2011–23963 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 236 

RIN 0750–AG91 

Defense Federal Acquisition 

Regulation Supplement; Construction 

and Architect-Engineer Services 

Performance Evaluation (DFARS Case 

2010–D024) 

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 remove the requirement to 

use DoD-unique forms to prepare 

contractor performance evaluations for 

construction and architect-engineer 

services. 

DATES: Effective Date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone, (703) 

602–8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule removes the requirement to 

use DoD-unique forms to document 

contractor past performance for 

construction and Architect-Engineer 

services. On April 19, 2011, DoD 

published a proposed rule in the 

Federal Register at 75 FR 21851 to 

delete outdated procedures and 

references to obsolete DD forms. No 

public comments were received in 

response to the proposed rule. 

One editorial change is being made to 

the final rule. The references to ‘‘A–E’’ 

are revised to read ‘‘architect-engineer’’ 

in sections 236.102, 236.602–70, 

236.606–70, and in 236.609–70. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 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. This is not a significant 

regulatory action and, therefore, is 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. 

III. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows. 

DoD is amending the DFARS to reflect 

the current automated process being 

used by and delete outdated procedures 

and references to obsolete DD forms. 

The objective of this rule is to remove 

the requirement to use DD Form 2626, 

Performance Evaluation (Construction), 

and DD Form 2631, Performance 

Evaluation (Architect-Engineer), to 

evaluate contractor performance. 

The Contractor Performance 

Assessment Report System (CPARS) is 

now the Governmentwide system for 

electronically collecting past 

performance data; there is no need to 

specify separate DoD forms to collect 

the data. Accordingly, this rule removes 

the requirement to use DD forms 2626 

and 2631 from the DFARS. 

On April 19, 2011, DoD published a 

proposed rule at 75 FR 21851. The 

period for public comments closed on 

June 20, 2011. DoD made no changes to 

the proposed rule because public 

comments were not received in 

response to the initial regulatory 

flexibility analysis. 

There are no reporting, recordkeeping, 

or other compliance requirements 

associated with this rule. Thus, there are 

no professional skills necessary on the 

part of small businesses. In a like 

manner, there are no direct costs to 

small entities to comply with this rule 

other than the cost of internet access 

should small entities choose to 

comment on their past performance 

evaluation entered into CPARS by 

Government personnel. 

There are no known relevant Federal 

rules that may duplicate, overlap or 

conflict with this rule. Instead, the rule 

aligns the DFARS to the Federal 

Acquisition Regulation (FAR) ensuring 

that agencies submit past performance 

reports electronically per FAR 42.15 

eliminating the need for paper reports. 

No mitigation steps were taken, since 

the rule does not have a significant 

adverse economic impact on small 

entities. 

IV. Paperwork Reduction Act 

This rule does not impose 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 236 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 236 is 

amended as follows: 

PART 236—CONSTRUCTION AND 

ARCHITECT–ENGINEER CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 236 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

236.102 [Amended] 

■ 2. Amend section 236.102 by— 

■ (a) Removing paragraph designations 

(1) through (4); 

■ (b) Redesignating paragraphs (i) and 

(ii) in the definitions of ‘‘Construction 

activity’’ as paragraphs (1) and (2); and 

■ (c) Removing the definition of ‘‘A–E’’. 

236.201 [Removed] 

■ 3. Section 236.201 is removed. 

236.602–70 [Amended] 

■ 4. Amend section 236.602–70 by 

removing ‘‘A–E’’ and adding in its place 

‘‘architect-engineer’’. 

■ 5. Revise section 236.604 to read as 

follows: 


sroberts on DSK5SPTVN1PROD with RULES
58156 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

236.604 Performance evaluation. 

Prepare a separate performance 

evaluation after actual construction of 

the project. Ordinarily, the evaluating 

official should be the person most 

familiar with the architect-engineer 

contractor’s performance. 

236.606–70 Statutory fee limitation. 

[Amended] 

■ 6. Amend section 236.606–70(a) to 

remove ‘‘A–E’’ and add in its place 

‘‘architect-engineer’’. 

236.609–70 [Amended] 

■ 7. Amend section 236.609–70 as 

follows— 

■ (a) In paragraph (a)(1) introductory 

text remove ‘‘A–E’’ and add in its place 

‘‘architect-engineer’’. 

■ (b) In paragraph (a)(1)(ii) remove ‘‘A– 

E’’ and add in its place ‘‘architectengineer contractor’’. 

■ (c) In paragraph (b) introductory text 

remove ‘‘A–E’’ and add in its place 

‘‘architect-engineer’’. 

[FR Doc. 2011–23952 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA710 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2011 total 

allowable catch of pollock for Statistical 

Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 17, 2011, 

through 1200 hrs, A.l.t., October 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2011 

total allowable catch (TAC) of pollock in 

Statistical Area 610 of the GOA is 8,729 

metric tons (mt) as established by the 

final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011). In 

accordance with § 679.20(a)(5)(iv)(B) the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), hereby 

decreases the C season pollock 

allowance by 123 mt to reflect the total 

amount of pollock TAC that has been 

caught prior to the C season in 

Statistical Area 610. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 610 is 

8,606 mt (8,729 mt minus 123 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2011 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 8,506 mt, and is 

setting aside the remaining 100 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 610 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

14, 2011. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 15, 2011. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–24104 Filed 9–15–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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