Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3837 

non-tariff information to DoD when 

requested by the contracting officer or as 

specified in the clause. Removal of this 

DFARS clause is expected to result in 

savings for both DoD and DoD 

contractors that provide 

telecommunications services. 

The following is a summary of the 

estimated public and Government cost 

savings calculated in perpetuity in 2016 

dollars at a 7-percent discount rate: 

Summary Public Government Total 

Present Value .............................................................................................................................. ¥$1,624,014 ¥$406,000 ¥$2,030,014 

Annualized Costs ......................................................................................................................... ¥113,681 ¥28,420 ¥142,101 

To access the full Regulatory Cost 

Analysis for this rule, go to the Federal 

eRulemaking Portal at 

www.regulations.gov, search for 

‘‘DFARS Case 2018–D044,’’ click ‘‘Open 

Docket,’’ and view ‘‘Supporting 

Documents.’’ 

IV. Executive Orders 12866 and 13563 

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, was 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. 

V. Executive Order 13771 

This final rule is an E.O. 13771 

deregulatory action. DoD estimates that 

this rule generates $2.03 million in 

annualized cost savings, discounted at 7 

percent relative to year 2016, over a 

perpetual time horizon. Details on the 

estimated cost savings can be found in 

section III of this preamble. 

VI. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

(FRFA) has been prepared consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

DoD is amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a 

recommendation from the DoD 

Regulatory Reform Task Force 

established pursuant to Executive Order 

13777, Enforcing the Regulatory 

Agenda, to repeal DFARS clause 

252.239–7006, Tariff Information, and 

the associated clause prescription at 

DFARS 239.7411(a). The objective of 

this rule is to remove the requirement 

for contractors to report tariff 

information under the DFARS clause. 

The legal basis for this change is 41 

U.S.C. 1303. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis. 

According to the Electronic Document 

Access system, DoD awards 

approximately 855 contracts to 83 

unique contractors each year that 

include DFARS clause 252.239–7006. It 

is estimated that 171 of those contracts 

are awarded to small entities. Based on 

the information available, DoD does not 

anticipate that this rule will 

significantly impact small business 

entities. 

This rule does not include any new 

reporting, recordkeeping, or other 

compliance requirements for small 

entities. Rather, this rule reduces the 

information collection requirements 

approved under OMB Control Number 

0704–0341. Small entities will no longer 

be required to provide the tariff 

information to the contracting officer in 

accordance with 252.239–7006. 

Removal of this clause and its reporting 

requirement serves to reduce the burden 

on small entities. 

VII. Paperwork Reduction Act 

This rule removes the burden 

associated with DFARS clause 252.239– 

7006, Tariff Information, from the 

information collection requirement 

currently approved under OMB Control 

Number 0704–0341, entitled ‘‘Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 239, 

Acquisition of Information Technology, 

and associated clause at 252.239–7000.’’ 

Accordingly, DoD submitted, and OMB 

approved, the following reduction of the 

annual reporting burden and OMB 

inventory of hours under OMB Control 

Number 0704–0341 as follows: 

Respondents: 83. 

Responses per respondent: 

Approximately 10.3. 

Total annual responses: 855. 

Hours per response: 2 hours. 

Total response Burden Hours: 1,710. 

List of Subjects in 48 CFR Parts 239 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 239 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 239 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

239.7411 [Amended] 

■ 2. Amend section 239.7411 by 

removing paragraph (a)(3) and 

redesignating paragraph (a)(4) as 

paragraph (a)(3). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.239–7006 [Removed and Reserved] 

■ 3. Remove and reserve section 

252.239–7006. 

[FR Doc. 2021–00613 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 245 and 252 

[Docket DARS–2020–0026] 

RIN 0750–AK92 

Defense Federal Acquisition 

Regulation Supplement: Property Loss 

Reporting in the Procurement 

Integrated Enterprise Environment 

(DFARS Case 2020–D005) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

3838 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

Acquisition Regulation Supplement 

(DFARS) to replace a legacy software 

application used for reporting loss of 

Government property with new 

capabilities developed within the DoD 

enterprise-wide, eBusiness platform, 

Procurement Integrated Enterprise 

Environment. 

DATES: Effective January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly R. Ziegler, telephone 571– 

372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

replace the Defense Contract 

Management Agency (DCMA) eTool 

application used to report the loss of 

Government property with the new 

Government-Furnished Property (GFP) 

module in the Procurement Integrated 

Enterprise Environment (PIEE). The 

DCMA eTool application is a selfcontained, legacy application that has 

numerous limitations, to include its 

inability to share data with other 

internal or external DoD business 

systems or to respond to changes in 

regulation, policies, and procedures. 

DoD developed the GFP module within 

the PIEE to house the GFP lifecycle to 

address these limitations and to provide 

the Department with the end-to-end 

accountability for all GFP transactions 

within a secure, single, integrated 

system. 

DoD published a proposed rule in the 

Federal Register at 85 FR 53761 on 

August 31, 2020. 

No respondents submitted public 

comments in response to the proposed 

rule, and no changes were made in the 

final rule. 

II. Applicability to Contracts At or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This final rule does not create any 

new provisions or clauses, nor does it 

change the applicability of any existing 

provisions or clauses included in 

solicitations and contracts valued at or 

below the simplified acquisition 

threshold, or for commercial items, 

including commercially available off-the 

shelf items. 

III. 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, was 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. 

IV. Executive Order 13771 

This rule is not subject to E.O. 13771, 

because this rule is not a significant 

regulatory action under E.O. 12866. 

V. Regulatory Flexibility Act 

DoD has prepared a Final Regulatory 

Flexibility Analysis (FRFA) consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

This rule amends the Defense Federal 

Acquisition Regulation Supplement to 

replace a legacy software application 

used for reporting loss of Government 

property with new capabilities 

developed within the fully integrated, 

DoD enterprise-wide, eBusiness 

platform, Procurement Integrated 

Enterprise Environment (PIEE). The 

objective of the case is to transition 

property loss reporting from a standalone, legacy software application to the 

PIEE. Use of the new system 

functionality will enable DoD to address 

numerous audit findings and security 

concerns. 

There were no significant issues 

raised by the public in response to the 

initial regulatory flexibility analysis. 

This rule will likely affect some small 

business concerns that are provided 

Government-furnished property in the 

performance of their contracts and those 

who experience a loss which must be 

reported in the PIEE. Data generated 

from the Defense Contract Management 

Agency eTool for fiscal years (FY) 2017 

through 2019 indicates that an average 

of 3,765 loss cases are submitted each 

year. Of those 3,765 loss cases, 52 

percent or 1,958 cases are filed by the 

top 7 large entities, while 48 percent or 

1,807 make up all others, which may 

include unique small entities. 

Data generated from the Federal 

Procurement Data System (FPDS) for FY 

2017 through 2019 indicates that DoD 

has awarded an average of 34,463 

contracts that contain the two 

applicable Government property 

clauses, FAR 52.245–1, Government 

Property, and DFARS 252.245–7002, 

Reporting Loss of Government Property. 

Of those applicable contracts, DoD has 

awarded approximately 16,966 contracts 

to an average of 4,009 unique small 

entities during the three-year period. 

This would equate to 4 applicable 

contracts awarded to each unique small 

entity. 

While there is no way to identify how 

many property loss cases are 

attributable specifically to unique small 

business concerns, it can be assumed 

that 11 percent of applicable contracts 

have had a property loss case reported 

(3,765/34,463). If the top 7 large entities 

are removed from the equation, the 

number is reduced to 5 percent (1,807/ 

34,463). We can therefore assume that of 

the 16,966 contracts awarded to small 

entities, approximately 5 percent, or 848 

contracts awarded to 212 small entities, 

may require a property loss case. 

The rule does not impose any new 

reporting, recordkeeping, or compliance 

requirements. The replacement of the 

application used for the approved 

information collection requirements is 

intended to maintain the status quo and 

potentially reduce compliance 

requirements over time due to the 

technological advances in the PIEE. 

There are no practical alternatives 

that will accomplish the objectives of 

the rule. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply to this rule. However, these 

changes to the DFARS do not impose 

additional information collection 

requirements to the paperwork burden 

previously approved under OMB 

Control Number 9000–0075, 

Government Property. By replacing the 

software application used for reporting 

property loss, the status quo is 

maintained for the current information 

collection requirements. OMB Control 

Number 9000–0075 provides approval 

for collections of information under 

FAR clause 52.245–1, Government 

Property, which requires reporting of 

Government-property losses. DFARS 

clause 252.245–7002, Reporting Loss of 

Government Property, is used in 

conjunction with FAR 52.245–1, and 

merely stipulates that DoD contractors 

will electronically report any property 

losses as required by FAR 52.245–1 

using the PIEE portal. 

List of Subjects in 48 CFR Parts 245 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 245 and 252 

are amended as follows: 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3839 

■ 1. The authority citation for 48 CFR 

parts 245 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 245—GOVERNMENT PROPERTY 

■ 2. Amend section 245.102 by— 

■ a. In paragraph (4)(i) removing ‘‘GFP’’ 

and adding ‘‘Government-furnished 

property’’ in its place; and 

■ b. Revising paragraph (5). 

The revision reads as follows: 

245.102 Policy. 

* * * * * 

(5) Reporting loss of Government 

property. The Government-Furnished 

Property module of the Procurement 

Integrated Enterprise Environment is the 

DoD data repository for reporting loss of 

Government property in the possession 

of contractors. The requirements and 

procedures for reporting loss of 

Government property to the 

Government-Furnished Property 

module are set forth in the clause at 

252.245–7002, Reporting Loss of 

Government Property, prescribed at 

245.107. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 252.245–7002 by— 

■ a. Removing the clause date of ‘‘(DEC 

2017)’’ and adding ‘‘(JAN 2021)’’ in its 

place; and 

■ b. Revising paragraph (b)(1). 

The revision reads as follows: 

252.245–7002 Reporting Loss of 

Government Property. 

* * * * * 

(b) * * * 

(1) The Contractor shall use the 

property loss function in the 

Government-Furnished Property (GFP) 

module of the Procurement Integrated 

Enterprise Environment (PIEE) for 

reporting loss of Government property. 

Reporting value shall be at unit 

acquisition cost. Current PIEE users can 

access the GFP module by logging into 

their account. New users may register 

for access and obtain training on the 

PIEE home page at https://piee.eb.mil/ 

piee-landing. 

* * * * * 

[FR Doc. 2021–00614 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 191 and 192 

[Docket No. PHMSA–2019–0225] 

Pipeline Safety: Frequently Asked 

Questions on the Gas Transmission 

Rule 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notification and request for 

comments. 

SUMMARY: PHMSA is seeking public 

comment on a second set of draft 

frequently asked questions (Batch-2 

FAQs) to facilitate implementation of its 

final rule titled ‘‘Safety of Gas 

Transmission Pipelines: MAOP 

Reconfirmation, Expansion of 

Assessment Requirements, and other 

Related Amendments’’ (Gas 

Transmission Rule). 

DATES: Comments on the draft Batch-2 

FAQs should be submitted to Docket 

No. PHMSA–2019–0225 no later than 

March 16, 2021. 

ADDRESSES: 

• E-Gov Web: http://

www.regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. Follow the online instructions 

for submitting comments. 

• Mail: Docket Management System: 

U.S. Department of Transportation 

(DOT), West Building, Ground Floor, 

1200 New Jersey Avenue SE, Room 

W12–140, Washington, DC 20590–0001. 

• Hand Delivery: DOT Docket 

Management System: West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, between 9:00 

a.m. and 5:00 p.m. EST, Monday 

through Friday, except federal holidays. 

• Fax: 202–493–2251. 

• Instructions: Identify the Docket 

Number PHMSA–2019–0225 at the 

beginning of your comments. If you 

submit your comments by mail, submit 

two copies. If you wish to receive 

confirmation that PHMSA received your 

comments, include a self-addressed 

stamped postcard. Internet users may 

submit comments at http://

www.regulations.gov. 

• Privacy Act: DOT may solicit 

comments from the public regarding 

certain general notices. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

• Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to this document contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

document, it is important that you 

clearly designate the submitted 

comments as CBI. Pursuant to 49 CFR 

190.343, you may ask PHMSA to give 

confidential treatment to information 

you give to the agency by taking the 

following steps: (1) Mark each page of 

the original document submission 

containing CBI as ‘‘Confidential,’’ (2) 

send PHMSA, along with the original 

document, a second copy of the original 

document with the CBI deleted, and (3) 

explain why the information you are 

submitting is CBI. Unless you are 

notified otherwise, PHMSA will treat 

such marked submissions as 

confidential under FOIA, and the 

submissions will not be placed in the 

public docket of this notification. 

Submissions containing CBI should be 

sent to Chris Hoidal at Pipeline and 

Hazardous Materials Safety 

Administration, Western Region, PHP– 

500, 12300 W. Dakota Avenue, Suite 

110, Lakewood, CO 80228. Any 

commentary PHMSA receives that is not 

specifically designated as CBI will be 

placed in the public docket for this 

matter. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

Alternatively, you may review the 

documents in person at DOT in the 

West Building, Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

between 9:00 a.m. and 5:00 p.m. ET, 

Monday through Friday, except federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

General: Chris Hoidal, Senior 

Technical Advisor, Office of Pipeline 

Safety, by telephone at 303–807–8833, 

or email at chris.hoidal@dot.gov. 

Technical: Steve Nanney, Project 

Manager, Office of Pipeline Safety, by 

telephone at 713–272–2855, or email at 

steve.nanney@dot.gov. 

SUPPLEMENTARY INFORMATION: PHMSA 

provides written clarification of the 

pipeline safety regulations (49 CFR parts