15912 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

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 March 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. Amends section 225.103(b)(iii) to 

remove an obsolete cross reference at 

paragraph (A) and redesignate 

paragraphs (B) and (C) as paragraphs (A) 

and (B), respectively. Amends section 

225.202(a)(2) to remove an obsolete 

cross reference. DFARS case 2013– 

D020, which was published in the 

Federal Register at 79 FR 44314 on July 

31, 2014, removed an outdated list of 

nonavailable articles at section 

225.104(a). However, the cross 

references at 225.103(b)(iii)(A) and 

225.202(a)(2) to the list at 225.104(a) 

were not removed. 

2. Amends DFARS clause 252.245– 

7004, Reporting, Reutilization, and 

Disposal, to update a reference and a 

link to the reference contained in 

paragraph (b)(1)(iv). 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.103 [Amended] 

■ 2. Amend section 225.103 by— 

■ a. Removing paragraph (b)(iii)(A); and 

■ b. Redesignating paragraphs (b)(iii)(B) 

and (C) as paragraphs (b)(iii)(A) and (B), 

respectively. 

225.202 [Amended] 

■ 3. Amend section 225.202 by 

removing ‘‘or in 225.104(a)’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 252.245–7004 by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(MAR 2015)’’ in its 

place; and 

■ b. Revising paragraph (b)(1)(iv). 

The revision reads as follows. 

252.245–7004 Reporting, Reutilization, and 

Disposal. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) Appropriate Federal Condition 

Codes. See Appendix 2 of DLM 

4000.25–2, Military Standard 

Transaction Reporting and Accounting 

Procedures (MILSTRAP) manual, 

edition in effect as of the date of this 

contract. Information on Federal 

Condition Codes can be obtained at 

http://www2.dla.mil/j-6/dlmso/elibrary/

manuals/dlm/dlm_pubs.asp#. 

* * * * * 

[FR Doc. 2015–06760 Filed 3–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 205, 206, 215, 219, 226, 

232, 235, 252, and Appendix I to 

Chapter 2 

RIN 0750–AH45 

Defense Federal Acquisition 

Regulation Supplement: Deletion of 

Text Implementing 10 U.S.C. 2323 

(DFARS Case 2011–D038) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove language based on a 

statute that provided the underlying 

authority for DoD’s Small 

Disadvantaged Business (SDB) program. 

This action is necessary because the 

statute has expired. 

DATES: Effective March 26, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Judith S. Rubinstein, telephone 571– 

372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 79 FR 61579 on 

October 14, 2014, to delete those DFARS 

sections that were based on 10 U.S.C. 

2323, which has expired. 10 U.S.C. 2323 

provided the underlying statutory 

authority for DoD’s Small 

Disadvantaged Business (SDB) program, 

including the establishment of a specific 

goal within the overall 5 percent SDB 

goal for the award of prime contracts 

and subcontracts to historically black 

colleges and universities (HBCUs) and 

minority institutions (MIs). Because of 

the expiration of this authority, all 

DFARS sections based on this authority 

were deleted by the interim rule. 

II. Discussion and Analysis 

There were no public comments 

submitted in response to the interim 

rule. The interim rule has been 

converted to a final rule, without 

change. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows: 

The objective of this rule is to amend 

the DFARS to remove or revise clauses, 

provisions, and guidance conditioned 

on section 1207 of the National Defense 

Authorization Act of 1987, Public Law 

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Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15913 

99–661, as codified at 10 U.S.C. 2323. 

Section 2323 of title 10 expired on 

September 30, 2009. However, prior to 

the implementation of the interim rule, 

the implementing regulations for this 

law still appeared in the DFARS. 

Implementation of this rule was needed 

to preclude the risk that DoD 

contracting officers would inadvertently 

issue a solicitation or execute a contract 

based on an acquisition strategy that is 

no longer authorized. 

No public comments were submitted 

in response to the initial regulatory 

flexibility analysis, or in response to the 

interim rule, which was published in 

the Federal Register on October 14, 

2014. Therefore, there were no issues to 

assess, and no changes to the rule were 

necessary. 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. This 

expectation is based on the following 

information and analysis: 

The DoD Small Disadvantaged 

Business (SDB) program has not been in 

effect since fiscal year (FY) 2008. This 

rule does not change the fundamental 

procurement policies that DoD has used 

to achieve strong SDB participation or to 

encourage the involvement of 

historically Black colleges and 

universities and minority institutions in 

defense-related research, development, 

testing, and evaluation efforts. The 

following rationale is provided: 

10 U.S.C. 2323 was the underlying 

statutory authority for DoD’s small 

disadvantaged business (SDB) program. 

DoD’s SDB program was intended to 

supplement and complement the 

Federal-wide SDB program authorized 

under the Small Business Act. It 

provided for the institution of a specific 

goal within the mandatory 5 percent 

SDB goal for the award of prime 

contracts and subcontracts to 

historically Black colleges and 

universities, minority institutions, and 

Hispanic-serving institutions. Section 

2323 of Title 10 served as the basis for 

a number of unique acquisition 

techniques used by DoD to help it 

achieve these goals, such as the price 

evaluation adjustment for SDBs in 

competitive procurements and the setaside for historically Black colleges and 

universities and minority institutions. It 

was also the basis for the special 95 

percent customary progress payment 

rate for SDBs. 

Now that the law has expired, these 

special techniques can no longer be 

used. However, the impact of this 

change is mitigated by a number of 

factors. Preeminent among those factors 

is DoD’s obligation to meet or exceed 

the expectations of the Small Business 

Act regarding SDBs, and to provide 

assistance for defense-related research, 

development, testing, and evaluation 

activities to historically Black colleges 

and universities and minority 

institutions. 

Section 15(g) of the Small Business 

Act, Public Law 85–536, as amended, 

(15 U.S.C. 644(g)), requires all Federal 

agencies to make every attempt to 

achieve the annual Government-wide 

goal for participation by SDBs. The 

statutory SDB goal is not less than 5 

percent of the total value of all prime 

contract and subcontract awards for 

each fiscal year. DoD must comply with 

this law, and it has. The Department has 

met or exceeded the 5 percent SDB goal 

since FY 2001. 

DoD contracting officers can employ 

monetary incentives in solicitations and 

contracts, when inclusion of such 

incentives is, in the judgment of the 

contracting officer, necessary to increase 

subcontracting opportunities for small 

businesses, service-disabled veteranowned small businesses, HUBZone 

small businesses, women-owned small 

businesses, as well as small 

disadvantaged businesses. In addition, 

while the 95 percent progress payment 

rate is no longer allowable, SDBs, 

because they are small businesses, are 

still eligible to receive the 90 percent 

progress payment rate. Finally, the 

extent of participation of all small 

businesses, including small 

disadvantaged businesses, in 

performance of the contract is addressed 

during source selection for negotiated 

DoD acquisitions that are required to 

have subcontracting plans. The past 

performance of offerors in complying 

with subcontracting goals with all small 

businesses, including SDBs, is also 

evaluated in DoD acquisitions. 

The capability and expertise that 

HBCUs and MIs bring to numerous DoDfunded research and development 

programs are valued commodities. DoD 

must explore new areas of science, 

mathematics, and engineering in order 

to develop the alternative technologies 

needed to fulfill its national security 

mission. HBCUs and MIs will continue 

to support DoD in these endeavors 

through their involvement in various 

research and development programs. 

This rule does not impose new 

reporting, recordkeeping or other 

compliance requirements. 

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 Parts 205, 

206, 215, 219, 226, 232, 235, 252, and 

Appendix I to Chapter 2 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

■ Accordingly, the interim rule 

amending 48 CFR parts 205, 206, 215, 

219, 226, 232, 235, 252, and Appendix 

I to Chapter 2, which was published at 

79 FR 61579 on October 14, 2014, is 

adopted as a final rule without change. 

[FR Doc. 2015–06757 Filed 3–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 390 

Federal Motor Carrier Safety 

Regulations; Regulatory Guidance 

Concerning Crashes Involving 

Vehicles Striking Attenuator Trucks 

Deployed at Construction Sites 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Regulatory guidance. 

SUMMARY: FMCSA provides regulatory 

guidance concerning crashes involving 

motor vehicles striking the rear of 

attenuator trucks deployed at 

construction sites and whether such 

crashes meet the definition of 

‘‘accident’’ under 49 CFR 390.5 for the 

motor carrier that controls the 

attenuator truck. Attenuator trucks are 

highway safety vehicles equipped with 

an impact attenuating crash cushion 

intended to reduce the risks of injuries 

and fatalities resulting from crashes in 

construction work zones. The guidance 

explains that such crashes in which 

motorists strike the attenuator trucks 

while they are deployed at construction 

work zones are not covered by the 

definition of accident and such 

occurrences will not be considered by 

FMCSA under its Compliance, Safety, 

Accountability Safety Measurement 

System (SMS) scores, or Safety Fitness 

Determination for the motor carrier that 

controls the attenuator truck. This 

guidance will provide the motor carrier 

industry and Federal, State, and local 

law enforcement officials with uniform 

information for use in determining 

whether certain crashes involving 

attenuator vehicles must be recorded on 

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