Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Proposed Rules 67885

List of Subjects in 48 CFR Part 239 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Therefore, DoD proposes to amend 48 

CFR part 239 as follows: 

1. The authority citation for 48 CFR 

part 239 continues to read as follows:

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

Chapter 1.

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY

Subpart 239.73—[Removed and 

Reserved] 

2. Subpart 239.73 is removed and 

reserved. 

[FR Doc. 04–25811 Filed 11–19–04; 8:45 am] 

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DEPARTMENT OF DEFENSE

48 CFR Parts 239 and 252 

[DFARS Case 2003–D053] 

Defense Federal Acquisition 

Regulation Supplement; Update of 

Clauses for Telecommunications 

Services

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update clauses used in contracts for 

telecommunications services. This 

proposed rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS.

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

January 21, 2005, to be considered in 

the formation of the final rule.

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D053, 

using any of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Defense Acquisition Regulations 

Web site: http://emissary.acq.osd.mil/

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D053 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Michele 

Peterson, OUSD (AT&L) DPAP (DAR), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/

dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, (703) 602–0311.

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 proposed rule is a result of the 

DFARS Transformation initiative. The 

proposed changes include—

• Deletion of an obsolete clause at 

DFARS 252.239–7003, Facilities and 

Services to be Furnished—Common 

Carriers. 

• Expansion of the applicability of 

the clauses at DFARS 252.239–7004, 

Orders for Facilities and Services; 

252.239–7005, Rates, Charges, and 

Services; and 252.239–7007, 

Cancellation or Termination of Orders, 

to all carriers of telecommunications 

services. The clauses presently apply 

only to common carriers (those subject 

to Federal Communications 

Commission or other governmental 

regulation). Expansion of these clauses 

to all carriers reflects the current 

business environment, where the 

differences between common and 

noncommon carriers have become less 

distinct. 

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 proposed DFARS changes 

reflect current business practices for the 

acquisition of telecommunications 

services. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2003–D053. 

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 Parts 239 and 

252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Therefore, DoD proposes to amend 48 

CFR parts 239 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 239 and 252 continues to read as 

follows:

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

chapter 1.

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY

239.7406 [Amended] 

2. Section 239.7406 is amended in 

paragraph (c)(6) by removing ‘‘—

Common Carriers.’’

239.7411 [Amended] 

3. Section 239.7411 is amended in 

paragraph (a) as follows: 

a. By removing paragraph (a)(2); 

b. By redesignating paragraphs (a)(3) 

through (a)(7) as paragraphs (a)(2) 

through (a)(6) respectively; and 

c. In newly designated paragraphs 

(a)(2), (a)(3), and (a)(5), by removing ‘‘—

Common Carriers.’’

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

252.239–7003 [Removed and Reserved] 

4. Section 252.239–7003 is removed 

and reserved.

252.239–7004 [Amended] 

5. Section 252.239–7004 is amended 

as follows: 

67886 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Proposed Rules 

a. In the section heading, by removing 

‘‘—common carriers’’; 

b. In the clause title, by removing ‘‘—

COMMON CARRIERS’’; and 

c. By revising the clause date to read 

‘‘(XXX 2004).’’

252.239–7005 [Amended] 

6. Section 252.239–7005 is amended 

as follows: 

a. In the section heading, by removing 

‘‘—common carriers’’; 

b. In the clause title, by removing ‘‘—

COMMON CARRIERS’’; 

c. By revising the clause date to read 

‘‘(XXX 2004)’’; and 

d. In paragraph (f), in the first 

sentence, by removing ‘‘—Common 

Carriers.’’

252.239–7007 [Amended] 

7. Section 252.239–7007 is amended 

as follows: 

a. In the section heading, by removing 

‘‘—common carriers’’; 

b. In the clause title, by removing ‘‘—

COMMON CARRIERS’’; 

c. By revising the clause date to read 

‘‘(XXX 2004)’’; and 

d. In paragraph (b)(1), by removing 

‘‘—Common Carriers.’’

[FR Doc. 04–25813 Filed 11–19–04; 8:45 am] 

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