42788 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 

IV. 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. 

V. Executive Order 13771 

This final rule is considered to be an 

E.O. 13771, Reducing Regulation and 

Controlling Regulatory Costs, 

deregulatory action. Details on the 

estimated cost savings can be found in 

section III. of this preamble. 

VI. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation is the Office of Federal 

Procurement Policy statute (codified at 

Title 41 of the United States Code). 

Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because DoD is not issuing a 

new regulation; rather, this rule merely 

removes an obsolete requirement from 

the DFARS. 

VII. Regulatory Flexibility Act 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under 41 U.S.C. 

1707(a)(1) (see section V of this 

preamble), the analytical requirements 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) are not applicable. 

Accordingly, no regulatory flexibility 

analysis is required and none has been 

prepared. 

VIII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does apply; however, 

these changes to the DFARS do not 

impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0483, 

entitled ‘‘Independent Research and 

Development Technical Descriptions.’’ 

Repeal of this rule does not impact the 

IR&D reporting that continues to be 

required annually, when the IR&D 

project is completed, under OMB 

Control Number 0704–0483. 

List of Subjects in 48 CFR Part 231 

Government procurement. 

Jennifer Lee Hawes, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR part 231 is 

amended as follows: 

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 1. The authority citation for part 231 

continues to read as follows: 

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

1. 

231.205–18 [Amended] 

■ 2. Amend section 231.205–18 by: 

■ a. Adding ‘‘and’’ to the end of 

paragraph (c)(iii)(C)(2); 

■ b. Removing ‘‘; and’’ from the end of 

paragraph (c)(iii)(C)(3) and adding a 

period in its place; and 

■ c. Removing paragraph (c)(iii)(C)(4). 

[FR Doc. 2018–18239 Filed 8–23–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 247 and 252 

[Docket DARS–2018–0041] 

RIN 0750–AK04 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

DFARS Clause ‘‘Removal of 

Contractor’s Employees’’ (DFARS Case 

2018–D042) 

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 a clause that is no 

longer necessary. 

DATES: Effective August 24, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to 

remove the DFARS clause 252.247– 

7006, Removal of Contractor’s 

Employees, and the associated clause 

prescription at DFARS 247.270–4. The 

DFARS clause served as an agreement 

from the contractor to only use 

experienced, responsible, and capable 

people to perform the work under the 

stevedoring contract. The clause also 

advised the contractor that the 

contracting officer may require the 

contractor to remove from the job, 

employees who endanger persons or 

property or whose employment is 

inconsistent with the interest of military 

security. 

II. Discussion and Analysis 

The information conveyed in DFARS 

clause 252.247–7006 is directly related 

to performance of the work under a 

stevedoring contract. It is more 

appropriate to define what the 

Government considers an experienced, 

responsible, and capable employee to be 

in a performance work statement, not a 

contract clause, because those 

requirements may change depending on 

various factors of the work being 

performed. If the need to remove 

employees from performing under the 

contract exists, it should be identified in 

the performance work statement. The 

removal and replacement of employees 

directly relates to the contractor’s ability 

to perform and staff the work under the 

contract. As such, this DFARS clause is 

unnecessary and can be removed. 

The removal of this DFARS text 

supports a recommendation from the 

DoD Regulatory Reform Task Force. On 

February 24, 2017, the President signed 

Executive Order (E.O.) 13777, 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ which established a Federal 

policy ‘‘to alleviate unnecessary 

regulatory burdens’’ on the American 

people. In accordance with E.O. 13777, 

DoD established a Regulatory Reform 

Task Force to review and validate DoD 

regulations, including the DFARS. A 

public notice of the establishment of the 

DFARS Subgroup to the DoD Regulatory 

Reform Task Force, for the purpose of 

reviewing DFARS provisions and 

clauses, was published in the Federal 

Register at 82 FR 35741 on August 1, 

2017, and requested public input. One 

public comment was received on this 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42789 

clause. The comment recommended 

elimination of the clause, as it is 

unnecessary. Subsequently, the DoD 

Task Force reviewed the requirements 

of DFARS clause 252.247–7006, 

Removal of Contractor’s Employees, and 

determined that the DFARS coverage 

was unnecessary and recommended 

removal. 

III. Applicability to Contracts At or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule only removes obsolete 

DFARS clause 252.247–7006, Removal 

of Contractor’s Employees. Therefore, 

the rule does not impose any new 

requirements on contracts at or below 

the simplified acquisition threshold and 

for commercial items, including 

commercially available off-the-shelf 

items. 

IV. Executive Orders 12866 and 13563 

E.O. 12866, Regulatory Planning and 

Review, and E.O. 13563, Improving 

Regulation and Regulatory Review, 

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. The Office of Management 

and Budget, Office of Information and 

Regulatory Affairs (OIRA), has 

determined that this is not a significant 

regulatory action as defined under 

section 3(f) of E.O. 12866 and, therefore, 

was not subject to review under section 

6(b). This rule is not a major rule as 

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

V. Executive Order 13771 

This rule is not an E.O. 13771, 

Reducing and Controlling Regulatory 

Costs, regulatory action, because this 

rule is not significant under E.O. 12866. 

VI. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation (FAR) is Office of Federal 

Procurement Policy statute (codified at 

title 41 of the United States Code). 

Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because DoD is not issuing a 

new regulation; rather, this rule merely 

removes an obsolete requirement from 

the DFARS. 

VII. Regulatory Flexibility Act 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under 41 U.S.C. 

1707(a)(1) (see section VI. of this 

preamble), the analytical requirements 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) are not applicable. 

Accordingly, no regulatory flexibility 

analysis is required and none has been 

prepared. 

VIII. Paperwork Reduction Act 

The rule does not contain 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 Parts 247 and 

252 

Government procurement. 

Jennifer Lee Hawes, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 247 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 247 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 247—TRANSPORTATION 

247.270–4 [Amended] 

■ 1. Amend section 247.270–4 by— 

■ a. Removing paragraph (f); and 

■ b. Redesignating paragraph (g) as 

paragraph (f). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.247–7006 [Removed and Reserved] 

■ 2. Remove and reserve section 

252.247–7006. 

252.247–7007 [Amended] 

■ 3. Amend section 252.247–7007, in 

the introductory text, by removing 

‘‘247.270–4(g)’’ and adding ‘‘247.270– 

(f)’’ in its place. 

[FR Doc. 2018–18247 Filed 8–23–18; 8:45 am] 

BILLING CODE 6820–ep–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–HQ–MB–2017–0028; 

FF09M21200–178–FXMB1231099BPP0] 

RIN 1018–BB73 

Migratory Bird Hunting; Migratory Bird 

Hunting Regulations on Certain 

Federal Indian Reservations and 

Ceded Lands for the 2018–19 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule prescribes special 

migratory bird hunting regulations for 

certain Tribes on Federal Indian 

reservations, off-reservation trust lands, 

and ceded lands. This rule responds to 

tribal requests for U.S. Fish and Wildlife 

Service (hereinafter Service or we) 

recognition of their authority to regulate 

hunting under established guidelines. 

This rule allows the establishment of 

season bag limits and, thus, harvest at 

levels compatible with populations and 

habitat conditions. 

DATES: This rule takes effect on August 

24, 2018. 

ADDRESSES: You may inspect comments 

received on the special hunting 

regulations and Tribal proposals during 

normal business hours at U.S. Fish and 

Wildlife Headquarters, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803, or 

at http://www.regulations.gov at Docket 

No. FWS–HQ–MB–2017–0028. 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, U.S. Fish and Wildlife 

Service, Department of the Interior, MS: 

MB, 5275 Leesburg Pike, Falls Church, 

VA 22041–3803; (703) 358–1967. 

SUPPLEMENTARY INFORMATION: 

Background 

The Migratory Bird Treaty Act 

(MBTA) of July 3, 1918 (16 U.S.C. 703 

et seq.), authorizes and directs the 

Secretary of the Department of the 

Interior, having due regard for the zones 

of temperature and for the distribution, 

abundance, economic value, breeding 

habits, and times and lines of flight of 

migratory game birds, to determine 

when, to what extent, and by what 

means such birds or any part, nest, or 

egg thereof may be taken, hunted, 


sradovich on DSK3GMQ082PROD with RULES