Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10389 

Any point on or in Southeast 

Shoal 

Toledo or any 

point on Lake 

Erie west of 

Southeast 

Shoal 

Detroit River Detroit Pilot 

Boat St. Clair River 

Toledo or any port on Lake Erie west of Southeast Shoal $2,637 $1,559 $3,424 $2,637 N/A 

Port Huron Change Point .................................................... 1 4,594 1 5,321 3,451 2,685 1,909 

St. Clair River ....................................................................... 1 4,594 N/A 3,451 3,451 1,559 

Detroit or Windsor or the Detroit River ................................ 2,637 3,424 1,559 N/A 3,451 

Detroit Pilot Boat .................................................................. 1,909 2,637 N/A N/A 3,451 

1When pilots are not changed at the Detroit Pilot Boat. 

■ 4. In § 401.410, revise paragraphs (a), 

(b), and (c) to read as follows: 

§ 401.410 Basic rates and charges on 

Lakes Huron, Michigan, and Superior; and 

the St. Mary’s River. 

* * * * * 

(a) Area 6 (Undesignated Waters): 

Service Lakes Huron and 

Michigan 

6-hour Period .................... $779 

Service Lakes Huron and 

Michigan 

Docking or Undocking ...... 739 

(b) Area 7 (Designated Waters): 

Area De tour Gros cap Any harbor 

Gros Cap ..................................................................................................................................... $2,913 N/A N/A 

Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ................................................... 2,913 $1,097 N/A 

Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................ 2,441 1,097 N/A 

Sault Ste. Marie, MI ..................................................................................................................... 2,441 1,097 N/A 

Harbor Movage ............................................................................................................................ N/A N/A $1,097 

(c) Area 8 (Undesignated Waters): 

Service Lake Superior 

6-hour Period .................... $661 

Docking or Undocking ...... 628 

§ 401.420 [Amended] 

■ 5. Amend § 401.420 as follows: 

■ a. In paragraph (a), remove the text 

‘‘$129’’ and add, in its place, the text 

‘‘$142’’; and remove the text ‘‘$2,021’’ 

and add, in its place, the text ‘‘$2,223’’; 

■ b. In paragraph (b), remove the text 

‘‘$129’’ and add, in its place, the text 

‘‘$142’’; and remove the text ‘‘$2,021’’ 

and add, in its place, the text ‘‘$2,223’’; 

and 

■ c. In paragraph (c)(1), remove the text 

‘‘$763’’ and add, in its place, the text 

‘‘$839’’; in paragraph (c)(3), remove the 

text ‘‘$129’’ and add, in its place, the 

text ‘‘$142’’; and remove the text 

‘‘$2,021’’ and add, in its place, the text 

‘‘$2,223’’. 

§ 401.428 [Amended] 

■ 6. In § 401.428, remove the text 

‘‘$763’’ and add, in its place, the text 

‘‘$839’’. 

Dated: February 23, 2015. 

Gary C. Rasicot, 

Director, Marine Transportation Systems, 

U.S. Coast Guard. 

[FR Doc. 2015–04036 Filed 2–25–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AI50 

Defense Federal Acquisition 

Regulation Supplement: Deletion of 

Obsolete Text Relating to Acquisition 

of Commercial Items (DFARS Case 

2015–D002) 

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 delete obsolete text relating 

to acquisition of commercial items. 

DATES: Effective February 26, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Janetta Brewer, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2012, the DFARS was 

amended to implement a 

recommendation made by the Panel on 

Contracting Integrity and included in its 

2009 Report to Congress concerning 

compliance with the DFARS 

documentation requirements for 

commercial item determinations. 

DFARS subpart 212.1 was revised to 

require the contracting officer to 

determine that an acquisition exceeding 

$1 million and using FAR part 12 

procedures either meets the commercial 

item definition at FAR 2.101 or the 

criteria at FAR 12.102(g)(1). The DFARS 

reference to FAR 12.102(g)(1), however, 

is no longer necessary since the FAR 

criteria only apply to contracts and task 

orders entered on or before November 

24, 2013. Accordingly, DFARS 

212.102(a)(i)(A) is being revised to 

remove the statement ‘‘or meets the 

criteria at FAR 12.102(g)(1)’’. 

On November 1, 2004, DFARS subpart 

212.70 was amended to implement 

section 847 of the National Defense 

Authorization Act for Fiscal Year 2004, 

which authorized DoD to carry out a 

pilot program that permitted the use of 

streamlined contracting procedures for 

the production of items or processes 

begun as prototype projects under other 

transaction agreements. Since the 

authority for this program expired on 

September 30, 2010, the associated text 

at DFARS subpart 212.70 is being 

removed. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 


rmajette on DSK2VPTVN1PROD with RULES
10390 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

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 it only deletes from the DFARS 

obsolete authorities for a program that 

expired September 30, 2010, and 

removes an outdated reference to the 

FAR. As such, these DFARS updates 

have no significant effect beyond the 

internal operating procedures of the 

Government and do not impose a 

significant cost or administrative impact 

on contractors or offerors. 

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. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. 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 Part 212 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 212 is 

amended as follows: 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for 48 CFR 

part 212 continues to read as follows: 

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

Chapter 1. 

212.102 [Amended] 

■ 2. Amend section 212.102, paragraph 

(a)(i)(A) by removing the phrase ‘‘or 

meets the criteria at FAR 12.102(g)(1)’’. 

Subpart 212.70 [Removed and 

Reserved] 

■ 3. Remove and reserve subpart 212.70 

(consisting of sections 212.7000, 

212.7001, 212.7002, 212.7002–1, 

212.7002–2, 212.7002–3, and 212.7003). 

[FR Doc. 2015–03856 Filed 2–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 218, 225, and 242 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective February 26, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Directs contracting officers to 

additional procedures and guidance by 

adding a reference to DFARS 

Procedures, Guidance, and Information 

PGI 218.272 at DFARS 218.272. A cross 

reference to DFARS 218.272 is also 

added at DFARS 225.7405. 

2. Directs contracting officers to 

additional procedures and guidance by 

adding a reference to DFARS 

Procedures, Guidance, and Information 

PGI 242.7502 at DFARS 242.7502. 

List of Subjects in 48 CFR Parts 218, 

225, and 242 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 218, 225, and 

242 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 218, 225, and 242 continues to 

read as follows: 

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

chapter 1. 

PART 218–EMERGENCY 

ACQUISITIONS 

■ 2. Add section 218.272 to read as 

follows: 

218.272 Use of electronic business tools. 

When supporting a contingency 

operation or humanitarian or 

peacekeeping operation, follow the 

procedures at PGI 218.272 concerning 

the use of electronic business tools. 

PART 225–FOREIGN ACQUISITION 

■ 3. Add section 225.7405 to read as 

follows: 

225.7405 Use of electronic business tools. 

See 218.272 concerning the use of 

electronic business tools in support of a 

contingency operation or humanitarian 

or peacekeeping operation. 

PART 242–CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 4. Amend section 242.7502 by 

revising paragraph (g)(2) introductory 

text to read as follows: 

242.7502 Policy. 

* * * * * 

(g) * * * 

(2) The contracting officer responsible 

for negotiation of a proposal generated 

by an accounting system with an 

identified deficiency shall evaluate 

whether the deficiency impacts the 

negotiations. See also PGI 

242.7502(g)(2). If it does not, the 

contracting officer should proceed with 

negotiations. If it does, the contracting 

officer should consider other 

alternatives, e.g.— 

* * * * * 

[FR Doc. 2015–03858 Filed 2–25–15; 8:45 am] 

BILLING CODE 5001–06–P 


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