85172 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

meter band that were allocated for 

amateur radio service after the release of 

the NPRM. The Commission does not 

seek comment on other, unrelated issues 

in the docket at this time. 

4. Digital Equity and Inclusion. 

Finally, the Commission, as part of its 

continuing effort to advance digital 

equity for all, including people of color, 

persons with disabilities, persons who 

live in rural or Tribal areas, and others 

who are or have been historically 

underserved, marginalized, or adversely 

affected by persistent poverty or 

inequality, invites comment on any 

equity-related considerations and 

benefits (if any) that may be associated 

with the proposals and issues discussed 

herein. Specifically, the Commission 

seeks comment on how our proposals 

may promote or inhibit advances in 

diversity, equity, inclusion, and 

accessibility, as well the scope of the 

Commission’s relevant legal authority. 

Procedural Matters 

5. Regulatory Flexibility Certification. 

The Regulatory Flexibility Act of 1980, 

as amended (RFA) requires that an 

agency prepare a regulatory flexibility 

analysis for notice and comment 

rulemakings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

6. In the FNPRM, the Commission 

proposes to amend the amateur service 

rules to change technical rules 

applicable to data emissions that an 

amateur radio operator may use in his 

or her communications with other 

amateur radio operators in the 135.7– 

137.8 kHz (2200 meter) and 472–479 

kHz (630 meter) bands, and VHF and 

UHF bands. As discussed above, the 

RFA’s definition of ‘‘small entities’’ 

does not include a ‘‘person’’ or an 

individual, as the terms are used in this 

proceeding. As a result, the proposed 

rules do not apply to ‘‘small entities,’’ 

but instead apply exclusively to 

individuals who hold certain 

Commission authorizations. 

Accordingly, applying the statutorily 

mandated criteria the Commission 

concludes and, therefore, certifies in 

this Initial Regulatory Flexibility 

Certification, that the rules adopted in 

the FNPRM will not have a significant 

economic impact on a substantial 

number of small entities. 

7. The Commission will send copies 

of the FNPRM, including copies of the 

Initial Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the SBA. 

8. Paperwork Reduction Act. This 

document does not contain proposed 

information collection(s) subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

9. Providing Accountability Through 

Transparency Act: The Providing 

Accountability Through Transparency 

Act requires each agency, in providing 

notice of a rulemaking, to post online a 

brief plain-language summary of the 

proposed rule. Accordingly, the 

Commission will publish the required 

summary of this Further Notice of 

Proposed Rulemaking on https://

www.fcc.gov/proposed-rulemakings. 

Ordering Clauses 

10. Accordingly, it is ordered that, 

pursuant to Sections 4(i), 5, 303(r), and 

403 of the Communications Act of 1934, 

47 U.S.C. 154(i), 155, 303(r), and 403 of 

the Commission’s rules, that this 

Further Notice of Proposed Rulemaking 

is hereby adopted. Proceeding RM– 

11708 is terminated. 

11. It is further ordered that the Office 

of the Secretary, Reference Information 

Center, shall send a copy of the Further 

Notice of Proposed Rulemaking 

including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 97 

Radio. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 97 as follows: 

PART 97—AMATEUR RADIO SERVICE 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

■ 2. Section 97.307 is amended by 

revising paragraphs (f)(3), (5), and (6) to 

read as follows: 

§ 97.307 Emission standards. 

* * * * * 

(f) * * * 

(3) Only a RTTY or data emission 

using a specified digital code listed in 

§ 97.309(a) may be transmitted. 

* * * * * 

(5) A RTTY, data or multiplexed 

emission using a specified digital code 

listed in § 97.309(a), or using an 

unspecified digital code under the 

limitations listed in § 97.309(b), may be 

transmitted. The authorized bandwidth 

is 20 kHz. 

(6) A RTTY, data or multiplexed 

emission using a specified digital code 

listed in § 97.309(a), or using an 

unspecified digital code under the 

limitations listed in § 97.309(b), may be 

transmitted. The authorized bandwidth 

is 100 kHz. 

* * * * * 

[FR Doc. 2023–26769 Filed 12–6–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

48 CFR Parts 1401, 1402, 1403, 1405, 

1414, 1416, 1419, 1426, 1431, 1442, 

1443, and 1449 

[Docket No. DOI–2023–0012; 234D0102DM, 

DS62400000, DLSN00000.000000, DX62401] 

RIN 1090–AB25 

Department of the Interior Acquisition 

Regulation Governance Titles 

AGENCY: Office of Acquisition and 

Property Management, Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Interior proposes changes to the 

Department of the Interior acquisition 

regulations to update its nomenclature 

to align with recent changes to agency 

procurement governance. This proposal 

enables acquisition programs to more 

efficiently meet the Department’s 

mission needs and comply with all 

applicable law and regulations. 

DATES: Comments must be received on 

or before February 5, 2024. 

ADDRESSES: You may submit comments, 

identified by Docket No. DOI–2023– 

0012 on the rulemaking through the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 


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FOR FURTHER INFORMATION CONTACT: Ms. 

Antonia Giammo, Senior Procurement 

Analyst; telephone (202) 208–5250 or 

email pam_policy@ios.doi.gov. 

Individuals in the United States who are 

deaf, blind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As part of a broader effort to improve 

the Department of Interior’s (DOI’s) 

procurement function and strengthen its 

workforce, the Department recently 

made changes to its procurement 

governance. These updates were made 

in accordance with 41 U.S.C. 1702, 

Chief Acquisition Officers and senior 

procurement executives, and 

Departmental Manual 205 DM 11, 

General Delegations, Procurement and 

Contracting. In amending its 

procurement governance, DOI created 

consistency in organizational structure 

and leadership roles across its bureaus 

and offices, and reassigned roles 

established by the Federal Acquisition 

Regulation to better streamline 

acquisition approval processes. This 

proposed rule amends the Department 

of the Interior Acquisition Regulation to 

reflect the changes in procurement 

governance by removing role 

designations no longer used and 

replacing with the appropriate 

procurement roles. 

II. Description of Changes 

The Federal Acquisition Regulations 

System consists of the Federal 

Acquisition Regulation (FAR), which is 

the codification of uniform policies and 

procedures for acquisition by all 

executive agencies, and agency 

acquisition regulations, such as the 

Department of the Interior Acquisition 

Regulation (DIAR), that implement or 

supplement the FAR. The Federal 

Acquisition Regulations System is 

codified in Title 48 of the Code of 

Federal Regulations (CFR). 

Part 2 of the FAR defines the 

following key procurement roles: agency 

head, Chief Acquisition Officer (in 

accordance with 41 U.S.C. 1702), senior 

procurement executive (in accordance 

with 41 U.S.C. 1702), head of the 

contracting activity, and contracting 

officer. The FAR uses the term ‘‘chief of 

the contracting office’’ without defining 

it. Part 1402 of the current DIAR 

identifies within the Department the 

agency head, senior procurement 

executive, and heads of the contracting 

activity. Part 1402 of the DIAR also 

defines the terms ‘‘bureau procurement 

chief’’ and ‘‘chief of the contracting 

office’’. 

This rule proposes to revise the DIAR 

in the following ways: 

• Remove the term ‘‘bureau 

procurement chief’’ and replace with 

‘‘head of contracting activity’’. 

• Amend the Department’s definition 

of ‘‘head of contract activity’’. 

• Add and define the term ‘‘bureau 

procurement executive’’. 

• Update references to the above 

terms as used throughout the DIAR. 

The term ‘‘bureau procurement chief’’ 

(BPC) is not used in the FAR or across 

executive agencies broadly. DOI defined 

the term in the DIAR to mean the senior 

General Schedule (GS) Series 1102 

(contracting) official in a bureau or 

office. The term ‘‘head of contracting 

activity’’ (HCA) is defined in the FAR as 

the official who has overall 

responsibility for managing the 

contracting activity. The current DIAR 

further specifies that the HCA is the 

assistant or associate administrative 

head of each bureau and office who has 

overall responsibility for managing 

contracting. Within DOI, the BPC would 

be in a direct reporting line to the HCA. 

Except for the Interior Business Center, 

the HCA would not necessarily have a 

GS–1102 background and would also be 

responsible for other areas beyond 

procurement. 

Both the FAR and DIAR require HCA 

review and approval of certain 

procurement actions. In practice, HCAs 

delegated their approvals to the BPC in 

most cases allowed under regulation. 

When HCA approval was required, it 

would still come through the BPC, but 

the additional layer of review would 

result in additional time to coordinate 

HCA briefing and approval. 

When reevaluating DOI’s procurement 

governance, the Department determined 

that in practice, the BPC was indeed the 

individual responsible for managing the 

contracting activity and the HCA was 

the senior executive accountable for the 

contracting activity but not involved in 

the day-to-day management of the 

function. The Chief Acquisition Officer, 

senior procurement executive, HCAs, 

and BPCs all concurred that 

accordingly, the senior GS–1102 in a 

bureau (or office equivalent) should be 

designated as the HCA rather than the 

DIAR specific term BPC. It was 

determined that this change would also 

streamline procurement actions 

requiring HCA approval by removing a 

layer of review that was either delegated 

or offered nominal additional benefit. 

The senior executives who had been 

designated as HCAs would now be 

designated as ‘bureau procurement 

executives’ (BPEs) and would still be 

accountable for the bureau’s contracting 

function. 

These changes are part of a broader 

Departmental effort to provide greater 

consistency across bureau and office 

procurement organizations and to 

empower procurement leadership. The 

changes to the titles bureau 

procurement chief, head of contracting 

activity, and bureau procurement 

executive do not result in any change to 

reporting chains or key duties of those 

holding these positions. The changes 

also do not impose any new 

requirements on or change the manner 

in which DOI interacts with its 

contractors and the public. 

III. Required Determinations 

A. Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) will review 

all significant rules. OIRA has 

determined that this proposed rule is 

not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive Order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public, 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

Executive Order 14094 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in public 

participation, inclusiveness, and 

regulatory analysis. We have developed 

this rule in a manner consistent with 

E.O. 14094. 

B. Regulatory Flexibility Act 

The Secretary certifies that the 

adoption of this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities as 

they are defined in the Regulatory 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85174 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

Flexibility Act (5 U.S.C. 601 et seq.). 

Therefore, under 5 U.S.C. 605(b), this 

rulemaking is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 

804(2)). This rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This proposed rule does not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments, or the private sector nor 

does the rule impose requirements on 

State, local, or tribal governments. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630. A takings 

implication assessment is not required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this proposed rule does not have 

sufficient Federalism implications to 

warrant the preparation of a Federalism 

summary impact statement. It would not 

substantially and directly affect the 

relationship between the Federal and 

state governments. A Federalism 

summary impact statement is not 

required. 

G. Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) meets the criteria of section 3(a) of 

this E.O. requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) meets the criteria of section 3(b)(2) 

of this E.O. requiring that all regulations 

be written in clear language and contain 

clear legal standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in E.O. 13175 and 

have determined there will not be 

substantial direct effects on one or more 

Indian tribes, 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. 

Consultation with Indian tribes is not 

required. 

I. Paperwork Reduction Act 

This proposed rule does not cause any 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.) A Paperwork 

Reduction Act clearance is not required. 

J. National Environmental Policy Act 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because the rule 

is covered by the categorical exclusion 

listed in 43 CFR 46.210(f). We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

E.O. 13211. A Statement of Energy 

Effects is not required. 

L. Clarity of This Regulation (Plain 

Language) 

We are required by Executive Orders 

12866 (section 1(b)(12)), and 12988 

(section 3(b)(1)(B)), and 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use common, everyday words and 

clear language rather than jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the FOR FURTHER

INFORMATION CONTACT section. To better 

help us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the number 

of section or paragraphs that you find 

unclear, which section or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

M. Public Availability of Comments 

You may submit your comments and 

materials regarding this proposed rule 

by the method listed in the Addresses 

section. We will post all comments on 

https://www.regulations.gov. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information may be 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 48 CFR Parts 1401, 

1402, 1403, 1405, 1414, 1416, 1419, 

1426, 1431, 1442, 1443, and 1449 

Government procurement. 

Regulation Promulgation 

For the reasons set out in the 

preamble, the Department of the 

Interior, Office of Acquisition and 

Property Management, proposes to 

amend 48 CFR chapter 14 as follows: 

PART 1401—DEPARTMENT OF THE 

INTERIOR ACQUISITION REGULATION 

SYSTEM 

■ 1. The authority citation for part 1401 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 2. Revise section 1401.303 to read as 

follows: 

1401.303 Publication and codification. 

(a)(1) Implementing and 

supplementing regulations issued under 

the DIAR System are codified under 

chapter 14 in title 48, Code of Federal 

Regulations and shall parallel the FAR 

in format, arrangement, and numbering 

system. 

(2)(i) Department-wide regulations are 

assigned 14 CFR parts 1401 through 

1479. 


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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85175 

(ii) Where material in the FAR 

requires no implementation, there will 

be no corresponding number in the 

DIAR. Thus, there are gaps in the DIAR 

sequence of numbers where the FAR, as 

written, is deemed adequate. 

Supplemental material shall be 

numbered as specified in FAR 1.303. 

(3) Bureau-wide regulations are 

authorized for codification in 

Appendices to Chapter 14, as assigned 

by the Director, PAM, in accordance 

with 1401.304(a)(3). 

(b) Regulations implementing the FAR 

or DIAR are numbered using 48 CFR 

parts 1401 through 1479. Supplemental 

material is numbered using 48 CFR 

parts 1480 through 1499. Numbers for 

implementing or supplementing 

regulations by bureaus/offices are 

preceded by a prefix to the number 14 

(indicating chapter 14–DIAR) for the 

organization indicated by lettered 

appendices as follows: 

(1) Bureau of Indian Affairs—BIA 

(2) Bureau of Reclamation—WBR 

(3) Interior Business Center—IBC 

(4) Bureau of Land Management—LLM 

(5) U.S. Geological Survey—WGS 

(6) Office of Surface Mining 

Reclamation & Enforcement—LSM 

(7) Minerals Management Service—LMS 

(8) National Park Service—FNP 

(9) U.S. Fish and Wildlife Service—FWS 

(c) e.g., FAR 1.3 (48 CFR 1.3) then 

DIAR 1401.3 [Department level] then in 

Appendix A, BIA 1401.3 [Bureau level]. 

■ 3. Revise section 1401.370 to read as 

follows: 

1401.370 Acquisition Managers’ 

Partnership. 

(a) The Acquisition Managers’ 

Partnership (AMP) is a forum for DOI’s 

senior acquisition management 

community to work cooperatively and 

continuously to improve the 

management, efficiency and 

effectiveness of its procurement services 

in support of DOI’s mission. 

(b) The AMP consists of the HCAs and 

representatives from PAM and OSDBU. 

(c) The AMP Charter provides that the 

Chairperson and Associate Chairperson 

are leadership roles that will rotate 

annually. The AMP Chairperson 

determines when the partnership will 

meet and develops meeting agendas. 

The Chairperson will distribute the 

meeting minutes to all members. 

■ 4. Revise section 1401.403 to read as 

follows: 

1401.403 Individual deviations. 

(a) The Director, PAM, is authorized 

to approve deviations of FAR provisions 

(see FAR 1.4) or DIAR provisions which 

affect only one contracting action. 

(b) Requests for deviations under 

paragraph (a) of this section shall be 

submitted by the HCA and include 

justification for the deviation. 

(c) A copy of the approved deviation 

shall be included in the contract file. 

■ 5. Revise section 1401.603–1 to read 

as follows: 

1401.603–1 General. 

HCAs are authorized to select and 

appoint COs and terminate their 

appointment as prescribed in the 

Department’s Certificate of 

Appointment (COA) Manual. Copies of 

the manual may be obtained at http://

www.doi.gov/pam/Acqworkfor.html. 

■ 6. Revise section 1401.603–2 to read 

as follows: 

1401.603–2 Selection. 

COs, regardless of series or 

organizational placement, must be 

certified at a level commensurate with 

their appointment level, as prescribed in 

the Department’s Federal Acquisition 

Certification in Contracting (FAC–C) 

Program Manual. Director, PAM, is the 

approving authority for all new and 

reinstated FAC–C certifications. HCAs 

are authorized to approve renewal FAC– 

C certifications. 

■ 7. Revise section 1401.7001–4 to read 

as follows: 

1401.7001–4 Acquisition performance 

measurement systems. 

(a) The acquisition performance 

measurement system is a three-pronged 

approach that includes self assessment, 

statistical data for validation and 

flexible quality reviews and assessment 

techniques. This system is required to: 

(1) Evaluate the effectiveness and 

efficiency of bureau and office 

acquisition systems; 

(2) Assess the adequacy of policies, 

procedures and regulations governing 

the acquisition process; and 

(3) Identify and implement changes 

necessary to improve the systems. 

(b) BPEs are responsible for ensuring 

contracting activity compliance with 

law and regulations through the review 

and oversight process. 

PART 1402—DEFINITIONS OF WORDS 

AND TERMS 

■ 8. The authority citation for part 1402 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 9. Revise subpart 1402.1 to read as 

follows: 

Subpart 1402.1—Definitions 

Sec. 

1402.101 Definitions. 

1402.170 Acronyms. 

Subpart 1402.1—Definitions 

1402.101 Definitions. 

As used in this part: 

Bureau Procurement Executive (BPE) 

is defined as the assistant or associate 

administrative head who has overall 

responsibility for the contracting 

activity. In reference to the Office of the 

Secretary (OS), the BPEs are the 

Assistant Inspector General for 

Management and Policy and the 

Director, Interior Business Center (IBC). 

Chief of the contracting office (CCO) 

is defined as the senior GS–1102 within 

a contracting office unless otherwise 

specified by bureau/office regulation. If 

the CCO is also the Contracting Officer 

(CO) for an action requiring approval of 

the CCO, then approval shall be at a 

level above the CCO in accordance with 

bureau procedures. 

Contracting activity is defined as an 

office with delegated procurement 

authority. Within the Office of the 

Secretary (OS), the Office of Inspector 

General (OIG) is a contracting activity. 

The Interior Business Center (IBC) 

contracts for the OS. 

Head of the agency (also called 

‘‘agency head’’) is defined as the 

Secretary of the Interior and the 

Assistant Secretary—Policy, 

Management and Budget (AS/PMB). 

Head of the contracting activity (HCA) 

is defined as the senior GS 1102 official 

in the contracting activity who has the 

overall responsibility for managing the 

contracting activity. The HCA authority 

may be delegated, unless specified 

otherwise, to the CCO. If the HCA is the 

Contracting Officer (CO) for an action 

requiring approval of the HCA, then 

approval shall be at the BPE level. 

Senior procurement executive is 

defined as the Director, Office of 

Acquisition and Property Management 

(PAM). 

1402.170 Acronyms. 

A&E Architect & Engineering 

ACMIS Acquisition Career Management 

Information System 

AMP Acquisition Manager’s Partnership 

AMR Acquisition Management Review 

AS/PMB Assistant Secretary—Policy, 

Management and Budget 

BPA Blanket Purchase Agreement 

BPE Bureau Procurement Executive 

CA Competition Advocate 

CAAC Civilian Agency Acquisition Council 

CAS Cost Accounting Standards 

CASB Cost Accounting Standards Board 

CBCA Civilian Board of Contract Appeals 

CCO Chief of the Contracting Office 

CERCLA Comprehensive Environmental 

Response, Compensation and Liability Act 

CFR Code of Federal Regulations 

CIO Chief Information Officer 

CO Contracting Officer 

COA Certificate of Appointment 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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COI Conflicts of Interest 

COR Contracting Officer’s Representative 

COTR Contracting Officer’s Technical 

Representative 

DISP Defense Industrial Security Program 

DM Departmental Manual 

DOI Department of the Interior 

DOL Department of Labor 

EC Electronic Commerce 

FAR Federal Acquisition Regulation 

FBMS Financial Business Management 

System 

FPDS—NG Federal Procurement Data 

System—Next Generation 

GAO Government Accountability Office 

GIDEP Government-Industry Data Exchange 

Program 

GPE Government Point of Entry 

GPO Government Printing Office 

GSA General Services Administration 

GSBCA General Services Board of Contract 

Appeals 

HCA Head of the Contracting Activity 

IT Information Technology 

IPMD Interior Property Management 

Directives 

MBDA Minority Business Development 

Agency 

OCIO Office of Chief Information Officer 

OIG/IG Office of Inspector General/ 

Inspector General 

OFPP Office of Federal Procurement Policy 

OHA Office of Hearings and Appeals 

OMB Office of Management and Budget 

OS Office of the Secretary 

OSDBU Office of Small and Disadvantaged 

Business Utilization 

PAM Office of Acquisition and Property 

Management 

PMO Property Management Officer 

PNM Procurement Negotiation 

Memorandum 

SAT Simplified Acquisition Threshold 

SBA Small Business Administration 

SBS Small Business Specialist 

SOL Office of the Solicitor 

TFM Treasury Financial Manual 

U.S.C. United States Code 

VECP Value Engineering Change Proposal 

PART 1403—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 10. The authority citation for part 

1403 continues to read: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 11. Revise section 1403.104–7 to read 

as follows: 

1403.104–7 Violations or possible 

violations. 

(a)(1) The CO’s determination that 

there is no impact on the procurement 

due to a possible violation of the 

Procurement Integrity Act and decision 

to proceed with contract award shall 

receive concurrence from an individual 

one level above the CO. 

(2) In case of nonconcurrence with the 

CO’s determination, the HCA shall 

provide a copy of the reported violation 

and recommended action to the OIG in 

accordance with Part 111 DM 3. The 

CO, in consultation with the SOL and 

the OIG, must justify the compelling 

circumstances for immediate award and 

obtain approval to proceed from the 

HCA without the power of redelegation. 

Copies of the determination to proceed 

with the award will be sent to the 

Director, PAM, for submission to the 

AS/PMB. 

(b) [Reserved] 

■ 12. Revise section 1403.804 to read as 

follows: 

1403.804 Policy. 

The HCA shall receive copies of 

contractor disclosures and forward them 

to the Director, PAM, for submission to 

Congress. 

PART 1405—PUBLICIZING CONTRACT 

ACTIONS 

■ 13. The authority citation for part 

1405 continues to read: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 14. Revise section 1405.403 to read as 

follows: 

1405.403 Requests from Members of 

Congress. 

For purposes of this subpart, the 

agency head is the HCA. 

PART 1414—SEALED BIDDING 

■ 15. The authority citation for part 

1414 continues to read: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 16. Revise section 1414.407–3 to read 

as follows: 

1414.407–3 Other mistakes disclosed 

before award. 

(a) The HCA is authorized to make the 

administrative determinations under 

FAR 14.407–3, except as set forth in 

paragraph (b) of this section. This 

authority is not redelegable. 

(b) The CCO has the authority 

outlined in FAR 14.407–3(c) (48 CFR 

14.407–3(c)) to make the written 

determination permitting a bidder to 

withdraw a bid, after review by the SOL. 

(c) The CO shall submit a report on 

suspected or alleged mistakes in bids 

together with the supporting data to the 

HCA. The CO may also include a report 

on bids where evidence of the intended 

bid is clear and convincing but the 

bidder has not requested permission to 

correct the bid. Incomplete reports may 

result in a delay in obtaining a 

determination. 

(d) The HCA is responsible for 

maintaining records of administrative 

determinations. 

PART 1416—TYPES OF CONTRACTS 

■ 17. The authority citation for part 

1416 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 18. Revise section 1416.405 to read as 

follows: 

1416.405 Contract clauses. 

The HCA, without the power of 

redelegation, is authorized to approve 

an award fee clause to use in a 

solicitation when a cost-plus-award-fee 

contract is contemplated. 

PART 1419—SMALL BUSINESS 

PROGRAMS 

■ 19. The authority citation for part 

1419 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 40 U.S.C. 

486(c); and 5 U.S.C. 301. 

■ 20. Revise section 1419.503–70 to 

read as follows: 

1419.503–70 Class set-aside for 

construction acquisitions. 

(a) Acquisitions for construction (as 

defined in Federal Acquisition 

Regulation (FAR) 2.101) estimated to 

cost $2 million or less must be set-aside 

on a class basis for exclusive 

participation by small business or 

disadvantaged business concerns. This 

class set-aside does not apply when: 

(1) The acquisition is procured using 

simplified acquisition procedures; 

(2) A non-competitive acquisition has 

been approved under the procedures of 

FAR 6.3; 

(3) Work is to be performed outside 

the U.S.; or 

(4) The HCA determines that adequate 

competition is not likely to be obtained 

if the acquisition is restricted to small 

business concerns. 

(b) [Reserved] 

PART 1426—OTHER 

SOCIOECONOMIC PROGRAMS 

■ 21. The authority citation for part 

1426 continues to read: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 22. Revise section 1426.7102–2 to 

read as follows: 

1426.7102–2 Requirements. 

(a) MBDA–91 Plan. The HCA is 

required to submit the Plan on form 

MBDA–91 to the OSDBU by no later 

than November 15 of each year. Section 

1 of the form, ‘‘Procurement Program 

Activities,’’ will be completed by 

OSDBU. Sections 2 through 5 must be 

completed by bureaus and offices. 

(b) MBDA–91 Reports. The HCA must 

submit reports to the OSDBU within 30 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85177 

days following the end of a fiscal 

quarter. Reports are cumulative from 

October 1 of the reporting fiscal year, 

and monetary figures should be rounded 

to whole dollars in each section of the 

report. 

(c) ‘‘Negative report’’ means when the 

Bureau had no reportable activity 

during the quarter. Submit such a report 

using the MBDA–91 report form. 

■ 23. Revise section 1426.7103–2 to 

read as follows: 

1426.7103–2 Requirements. 

The contracting offices shall report 

designated projects funded with EPA 

monies, involving the actual award of 

contracts, subcontracts, financial 

assistance instruments, subagreements, 

etc. by DOI. Do not include 

Departmental projects covered by 

Superfund and funded solely with 

Departmental appropriations. The HCA 

must submit one of the following 

reports inclusive of all projects, as 

applicable, to the OSDBU by no later 

than November 8 of each year: 

(a) EPA Forms 6005–3 and 6005–3A 

for applicable Superfund contract 

awards, including partial awards to 

minority businesses. 

(b) EPA Form 6005–3A only, for 

applicable Superfund contract awards 

when no awards were made to minority 

firms, to report the efforts made to 

promote minority business participation 

in the designated projects. 

(c) ‘‘Negative Report’’ when the 

reporting Bureau did not award 

contracts using Superfund monies. 

PART 1431—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 24. The authority citation for part 

1431 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 25. Revise section 1431.101 to read as 

follows: 

1431.101 Objectives. 

Individual deviations concerning cost 

principles and procedures shall require 

the approval of the cognizant Assistant 

Secretary, with further redelegation 

authorized. Redelegation is limited to 

the HCA. 

PART 1442—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 26. The authority citation for part 

1442 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 27. Revise section 1442.602 to read as 

follows: 

1442.602 Assignment and location. 

The HCA has the authority to approve 

the appointment of a Corporate 

Administrative Contracting Officer. 

PART 1443—CONTRACT 

MODIFICATIONS 

■ 28. The authority citation for part 

1443 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 29. Revise section 1443.205 to read as 

follows: 

1443.205 Contract clauses. 

HCAs may establish procedures, 

when appropriate, for authorizing the 

CO to vary the 30-day period for 

submission of requests for adjustment 

prescribed by FAR 43.205 (48 CFR 

43.205). 

PART 1449—TERMINATION OF 

CONTRACTS 

■ 30. The authority citation for part 

1449 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, 40 

U.S.C. 486(c); and 5 U.S.C. 301. 

■ 31. Revise section 1449.106 to read as 

follows: 

1449.106 Fraud or other criminal conduct. 

When fraud or other criminal conduct 

is suspected, the CO will submit a 

report documenting the incident to the 

HCA for transmittal to the OIG. 

Informational copies will be forwarded 

to the Director, PAM. 

■ 32. Revise section 1449.111 to read as 

follows: 

1449.111 Review of proposed settlements. 

All proposed settlement agreements 

shall be reviewed by the SOL and 

approved at one level above the CO. 

Settlement agreements of $250,000 or 

more shall be approved by the HCA. 

Joan M. Mooney, 

Principal Deputy Assistant Secretary, 

Exercising the Delegated Authority of the 

Assistant Secretary—Policy, Management 

and Budget. 

[FR Doc. 2023–26443 Filed 12–6–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2023–0069; 

FF09E21000 FXES1111090FEDR 245] 

RIN 1018–BE77 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for the Toothless Blindcat and 

the Widemouth Blindcat; Extension of 

Comment Period 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are reopening 

the comment period on our August 22, 

2023, proposed rule to list the toothless 

blindcat (Trogloglanis pattersoni) and 

widemouth blindcat (Satan 

eurystomus), two cavefish species from 

the Edwards Aquifer in Bexar County, 

Texas, as endangered species under the 

Endangered Species Act of 1973, as 

amended (Act). We are reopening the 

proposed rule’s comment period to give 

all interested parties an additional 

opportunity to comment on the 

proposed rule. Comments previously 

submitted need not be resubmitted, as 

they are already incorporated into the 

public record and will be fully 

considered in our final determinations. 

DATES: The comment period on the 

proposed rule that published August 22, 

2023, at 88 FR 57046, is reopened. We 

will accept comments received or 

postmarked on or before January 8, 

2024. Comments submitted using the 

Federal eRulemaking Portal (see 

ADDRESSES, below) must be received by 

11:59 p.m. eastern time on the closing 

date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R2–ES–2023–0069, which is 

the docket number for the August 22, 

2023, proposed rule and this document. 

Then click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rule box to locate the correct 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R2–ES–2023–0069, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 


ddrumheller on DSK120RN23PROD with PROPOSALS1