Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20757 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: April 16, 2007. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–7970 Filed 4–25–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

48 CFR Chapter 44 

[Docket ID FEMA–2006–0033] 

RIN 1660–AA46 

Federal Emergency Management 

Agency (FEMA) Acquisition Regulation 

System; Removal of Chapter 44 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) published 

a direct final rule that notified the 

public of its intent to remove the FEMA 

Acquisition Regulation in its entirety. 

FEMA did not receive any comments on 

the rule. Therefore, the rule will go into 

effect as scheduled. 

DATES: The effective date of the direct 

final rule published March 2, 2007 (72 

FR 9445) is confirmed as May 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Joyce M. Ard, Federal Emergency 

Management Agency, 500 C Street, SW., 

Patriot Plaza Room 201, Washington DC, 

20472, (phone) 202–646–3213, 

(facsimile) 202–646–2928, or (e-mail) 

joyce.ard@dhs.gov. 

SUPPLEMENTARY INFORMATION: On March 

2, 2007, FEMA published a direct final 

rule at 72 FR 9445 that notified the 

public of FEMA’s intent to remove the 

FEMA Acquisition Regulation 

(FEMAAR) at 48 CFR Chapter 44 in its 

entirety. The specific language and 

subsequent clauses are removed as a 

result of the transfer of FEMA to the 

Department of Homeland Security 

(DHS) on March 1, 2003. The Homeland 

Security Acquisition Regulation (HSAR) 

created a department-wide acquisition 

regulation for DHS in 48 CFR Chapter 

30, and included FEMA in the list of 

entities for which the chapter applied, 

thereby superseding and making 48 CFR 

Chapter 44 duplicative and 

unnecessary. FEMA has not received an 

adverse comment, or notice of intent to 

submit an adverse comment, on this 

rule. Therefore, the rule will go into 

effect as scheduled. 

Dated: April 19, 2007. 

R. David Paulison, 

Administrator, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. E7–7971 Filed 4–25–07; 8:45 am] 

BILLING CODE 9110–49–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

RIN 0750–AF60 

Defense Federal Acquisition 

Regulation Supplement; Acquisition 

Integrity (DFARS Case 2006–D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to address requirements for the 

separation of Government functions for 

oversight, source selection, contract 

negotiation, and contract award. The 

rule contains best practice policies for 

use by the military departments and 

defense agencies. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gary Delaney, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–8384; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D044. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule adds a new section at 

DFARS 203.170 to address requirements 

for the separation of Government 

functions for oversight, source selection, 

contract negotiation, and contract 

award. The rule contains best practice 

policies to ensure the separation of such 

functions. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2006–D044. 

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 203 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 203 is 

amended as follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for 48 CFR 

part 203 continues to read as follows: 

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

Chapter 1. 

■ 2. Section 203.170 is added to read as 

follows: 

203.170 Business practices. 

To ensure the separation of functions 

for oversight, source selection, contract 

negotiation, and contract award, 

departments and agencies shall adhere 

to the following best practice policies: 

(a) Senior leaders shall not perform 

multiple roles in source selection for a 

major weapon system or major service 

acquisition. 

(b) Vacant acquisition positions shall 

be filled on an ‘‘acting’’ basis from 

below until a permanent appointment is 

made. To provide promising 

professionals an opportunity to gain 

experience by temporarily filling higher 

positions, these oversight duties shall 

not be accrued at the top. 

(c) Acquisition process reviews of the 

military departments shall be conducted 

to assess and improve acquisition and 

management processes, roles, and 

structures. The scope of the reviews 

should include—

(1) Distribution of acquisition roles 

and responsibilities among personnel; 

(2) Processes for reporting concerns 

about unusual or inappropriate actions; 

and 

(3) Application of DoD Instruction 

5000.2, Operation of the Defense 


pwalker on PROD1PC71 with RULES
20758 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

Acquisition System, and the disciplines 

in the Defense Acquisition Guidebook. 

(d) Source selection processes shall 

be—

(1) Reviewed and approved by 

cognizant organizations responsible for 

oversight; 

(2) Documented by the head of the 

contracting activity or at the agency 

level; and 

(3) Periodically reviewed by outside 

officials independent of that office or 

agency. 

(e) Legal review of documentation of 

major acquisition system source 

selection shall be conducted prior to 

contract award, including the 

supporting documentation of the source 

selection evaluation board, source 

selection advisory council, and source 

selection authority. 

(f) Procurement management reviews 

shall determine whether clearance 

threshold authorities are clear and that 

independent review is provided for 

acquisitions exceeding the simplified 

acquisition threshold. 

[FR Doc. E7–7911 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206 and 225 

RIN 0750–AF62 

Defense Federal Acquisition 

Regulation Supplement; Deletion of 

Obsolete Acquisition Procedures 

(DFARS Case 2006–D046) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove text relating to 

obsolete requirements for maintenance 

of paper-based solicitation mailing lists 

and for furnishing of documents to 

certain entities. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D046. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends DFARS text as 

follows: 

Æ 206.303–1—Removes text 

designating the Director of Defense 

Procurement and Acquisition Policy as 

the agency point of contact for 

submission of certain justification and 

approval documents to the U.S. Trade 

Representative. This text is no longer 

applicable, as the underlying Federal 

Acquisition Regulation (FAR) 

requirement for submission of these 

documents to the U.S. Trade 

Representative was removed by the 

interim rule that was published at 69 FR 

77870 on December 28, 2004, and 

finalized at 71 FR 219 on January 3, 

2006. 

Æ 225.870–2 and 225.872–3—

Removes text addressing requirements 

for inclusion of Canadian firms and 

qualifying country sources on 

solicitation mailing lists, and for 

sending solicitations to the Canadian 

Commercial Corporation as well as 

Canadian firms appearing on the lists. 

This text is no longer applicable, as 

solicitation mailing lists have been 

replaced by electronic tools such as the 

Central Contractor Registration database 

and the Federal Business Opportunities 

Web site. The FAR was amended to 

remove references to solicitation 

mailing lists in the final rule published 

at 68 FR 43855 on July 24, 2003. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subparts in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2006–D046. 

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 206 and 

225 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 206 and 225 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 206 and 225 continues to read as 

follows: 

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

Chapter 1. 

PART 206—COMPETITION 

REQUIREMENTS 

206.303 and 206.303–1 [Removed] 

■ 2. Sections 206.303 and 206.303–1 are 

removed. 

PART 225—FOREIGN ACQUISITION 

225.870–2 [Amended] 

■ 3. Section 225.870–2 is amended as 

follows: 

■ a. By removing paragraphs (a) through 

(c); and 

■ b. By redesignating paragraphs (d) and 

(e) as paragraphs (a) and (b) 

respectively. 

225.872–3 [Amended] 

■ 4. Section 225.872–3 is amended as 

follows: 

■ a. By removing paragraph (a); and 

■ b. By redesignating paragraphs (b) 

through (g) as paragraphs (a) through (f) 

respectively. 

[FR Doc. E7–7907 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215, 231, and 252 

RIN 0750–AF67 

Defense Federal Acquisition 

Regulation Supplement; Excessive 

Pass-Through Charges (DFARS Case 

2006–D057) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 852 of 

the National Defense Authorization Act 

for Fiscal Year 2007. Section 852 


pwalker on PROD1PC71 with RULES