65088 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule.

IX. Congressional Review Act

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements.

Dated: October 25, 2004.

Betty Shackleford,

Acting Director, Registration Division, Office 

of Pesticide Programs.

■ Therefore, 40 CFR chapter I is 

amended as follows:

PART 180—AMENDED

■ 1. The authority citation for part 180 

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.

■ 2. Section 180.364, paragraph (a) is 

amended by:

■ i. Revising the chemical name ‘‘(Nphosphomethyl)glycine)’’ in the 

introductory text to read ‘‘N-

(phosphonomethyl)glycine.’’

■ ii. Revising in the table the entries 

‘‘cotton, gin byproducts’’ and ‘‘cotton, 

undelinted seed’’ to read as follows:

§ 180.364 Glyphosate; tolerances for 

residues.

(a) * * *

Commodity Parts per 

million 

*** **

Cotton, gin byproducts ............. 175

Cotton, undelinted seed ........... 35

*** **

* * * * *

[FR Doc. 04–25098 Filed 11–9–04; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF DEFENSE

48 CFR Parts 209 and 252 

[DFARS Case 2003–D011] 

Defense Federal Acquisition 

Regulation Supplement; Contractor 

Qualifications Relating to Contract 

Placement

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete text pertaining to 

contractor qualification requirements. 

This rule is a result of a transformation 

initiative undertaken by DoD to 

dramatically change the purpose and 

content of the DFARS.

DATES: Effective Date: November 10, 

2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0326; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D011.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

• Deletion of text at DFARS 209.103, 

209.103–70, and 252.209–7000 

pertaining to obsolete Intermediate 

Range Nuclear Forces (INF) Treaty 

inspection requirements. 

• Deletion of text at DFARS 209.106–

1, 209.106–2, and 209.202 containing 

internal DoD procedures relating to 

requests for pre-award surveys and 

approval for use of product qualification 

requirements. This text has been 

relocated to the new DFARS companion 

resource, Procedures, Guidance, and 

Information (PGI), available at http://

www.acq.osd.mil/dpap/dars/pgi.

• Deletion of unnecessary first article 

testing and approval requirements in 

DFARS subpart 209.3. 

DoD published a proposed rule at 69 

FR 8150 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule. An 

additional change has been made at 

DFARS 209.202 to reflect the 

qualification requirements for aviation 

critical safety items added to the DFARS 

on September 17, 2004 (69 FR 55987). 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule deletes DFARS text that 

is obsolete, unnecessary, or procedural, 

but makes no significant change to 

contracting policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65089

List of Subjects in 48 CFR Parts 209 and 

252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 209 and 252 

are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 209 and 252 continues to read as 

follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 209—CONTRACTOR 

QUALIFICATIONS

209.103 and 209.103–70 [Removed]

■ 2. Sections 209.103 and 209.103–70 

are removed.

■ 3. Section 209.106 is revised to read as 

follows:

209.106 Preaward surveys. 

When requesting a preaward survey, 

follow the procedures at PGI 209.106.

209.106–1 and 209.106–2 [Removed]

■ 4. Sections 209.106–1 and 209.106–2 

are removed.

■ 5. Section 209.202 is revised to read as 

follows:

209.202 Policy. 

(a)(1) Except for aviation critical 

safety items, obtain approval in 

accordance with PGI 209.202(a)(1) when 

establishing qualification requirements. 

See 209.270 for approval of qualification 

requirements for aviation critical safety 

items.

Subpart 209.3 [Removed]

■ 6. Subpart 209.3 is removed.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

252.209–7000 [Removed and Reserved]

■ 7. Section 252.209–7000 is removed 

and reserved.

[FR Doc. 04–24862 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 212 

[DFARS Case 2003–D074] 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Commercial Items

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to the 

acquisition of commercial items. This 

rule is a result of an initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

EFFECTIVE DATE: November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0326; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D074.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes—

• Delete unnecessary text pertaining 

to structuring of contracts at DFARS 

212.303; and 

• Update a FAR reference at DFARS 

212.503(c)(ii). 

DoD published a proposed rule at 69 

FR 31939 on June 8, 2004. DoD received 

no comments on the proposed rule. 

Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule deletes unnecessary 

text and updates reference information, 

but makes no significant change to 

contracting policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 212 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Part 212 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 212 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1.

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS

212.303 [Removed]

■ 2. Section 212.303 is removed.

212.503 [Amended]

■ 3. Section 212.503 is amended in 

paragraph (c)(ii) by revising the 

parenthetical to read ‘‘(see FAR 15.403–

1(b)(3))’’.

[FR Doc. 04–24866 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 214 

[DFARS Case 2003–D076] 

Defense Federal Acquisition 

Regulation Supplement; Sealed 

Bidding

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

sealed bidding. This rule is a result of 

a transformation initiative undertaken 

by DoD to dramatically change the 

purpose and content of the DFARS.

EFFECTIVE DATE: November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0326; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D076.

SUPPLEMENTARY INFORMATION: