Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Rules and Regulations 4633 

times are used only when to achieve the 

purposes of the exception; and 

(B) Include a copy of such 

congressional certification in the 

contract file. 

■ 8. Add section 234.005 heading to 

read as follows: 

234.005 General requirements. 

[FR Doc. 2014–01276 Filed 1–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI15 

Defense Federal Acquisition 

Regulation Supplement: Proposal 

Adequacy Checklist Revision (DFARS 

Case 2013–D033) 

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 redundant item 

from the solicitation provision, Proposal 

Adequacy Checklist. 

DATES: Effective January 29, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Susan Williams, telephone 571–372– 

6092. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

DoD is revising the DFARS to remove 

and reserve item 19 of the solicitation 

provision at DFARS 252.215–7009, 

Proposal Adequacy Checklist. Item 19 

required price analysis for all 

commercial items offered that are not 

available to the general public. Through 

further research and discussion, DOD 

has determined that item 19 listed on 

the Proposal Adequacy Checklist is 

duplicative in nature. DoD has 

concluded that items proposed with a 

commercial basis under subcontracts in 

the proposal require price analysis by 

the offeror. Furthermore, DoD has also 

concluded that question 14 under the 

Material and Service section and 

question 17 under the Subcontracts 

section on the Proposal Adequacy 

Checklist currently address the 

requirement for price analysis of the 

proposed commercial item that is 

produced or performed by others. 

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, 

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 the changes are not substantive 

and will not place any additional 

burden on the public. 

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 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

Chapter 1. 

252.215–7009 [Amended] 

■ 2. Amend section 252.215–7009 by— 

■ a. Removing the provision date 

‘‘(MAR 2013)’’ and adding ‘‘(JAN 2014)’’ 

in its place; and 

■ b. Removing from the Proposal 

Adequacy Checklist, item 19— 

■ i. Under the ‘‘References’’ column, 

‘‘FAR 15.408, Table 15–2, Section II, 

Paragraph A’’; and 

■ ii. Under the ‘‘Submission Item’’ 

column, ‘‘Does the proposal include a 

price analysis for all commercial items 

offered that are not available to the 

general public?’’ and adding in its place 

‘‘[Reserved]’’. 

[FR Doc. 2014–01274 Filed 1–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2011–0058, Notice No. 2] 

RIN 2130–AC28 

Track Safety Standards; Improving Rail 

Integrity 

Correction 

In rule document 2014–01387, 

appearing on pages 4234–4260 in the 

issue of Friday, January 24, 2014, make 

the following correction: 

§ 213.113 Defective rails. [Corrected] 

On page 4256, the Table titled 

‘‘REMEDIAL ACTION TABLE’’, in 

Subpart D—Track Structure, of Part 213, 

is corrected to read as follows: 


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