        GENERAL SERVICES ADMINISTRATION
        48 CFR Chapter 5
        [GSAR ANPR 2006-N01]
        RIN 3090-00XX
        General Services Administration Acquisition Regulation; GSAR Revision Initiative

          AGENCY:
          Office of the Chief Acquisition Officer, General Services Administration (GSA).

          ACTION:
          Advance notice of proposed rulemaking with request for comments.

          SUMMARY:
          The General Services Administration (GSA) is requesting comments from both Government and industry on areas in which the General Services Administration Acquisition Regulation (GSAR) can be revised to improve clarity and simplify procedures.

          DATES:
          Interested parties should submit comments in writing on or before April 17, 2006 to be considered in the formulation of a proposed rule.

          ADDRESSES:
          Submit written comments identified by GSAR ANPR2006-N01, by using any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Agency Web Site: http://www.acqnet.gov/GSAM/gsamproposed.html. Click on the GSAR case number to submit comments.
          • E-mail: gsaranpr.2006-N01@gsa.gov. Include GSAR ANPR 2006-N01 in the subject line of the message.
          • Fax: 202-501-4067.

          • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR ANPR 2006-N01 in all correspondence related to this case. All comments received will be posted without change to http://www.acqnet.gov/GSAM/gsamcomments.html, including any personal and/or business confidential information provided.

          FOR FURTHER INFORMATION CONTACT:
          The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, at (202) 501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Mrs. Althea Kireilis at 202-208-4724. Please cite GSAR ANPR 2006-N01 notice on GSAR Revision Initiative.

        SUPPLEMENTARY INFORMATION:
        Background

        GSA is beginning the review and update of the General Services Administration Acquisition Regulation (GSAR). The GSAR is the regulatory part of the General Services Administration Acquisition Manual (GSAM). The GSAM contains both regulatory and non-regulatory acquisition guidance. The GSAR contains GSA's agency acquisition policies and practices, contract clauses, solicitation provisions, and forms that control the relationship between GSA and contractors and prospective contractors. The GSAM can be found online at www.acqnet.gov/GSAM/gsam.html. The regulatory parts making up the GSAR are the shaded parts of the document at this site. In this ANPR, GSA is seeking comments on the regulatory, or shaded parts, only.
        Revisions to the GSAR are necessary to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can utilize when entering into and administering contractual relationships.
        In this effort, GSA is asking industry and other interested parties, including Government personnel, to submit suggestion on which parts of the GSAR—
        •Should be clarified to provide consistency with the FAR;
        • Should be eliminated because they duplicate the FAR or create inconsistencies within the GSAR;
        • Have inappropriate references listed to indicate the basis for the regulation;
        • Have become irrelevant because of changes in technology or business processes;

        • Place unnecessary administrative burdens on contractors and the Government;
        • Can be streamlined or simplified;
        • Need to be revised to provide new and/or augmented coverage; and
        • Unnecessarily impose an adverse significant economic impact on a substantial number of small entities.
        Interested parties are requested to provide a rationale for their recommendation and, if possible, suggested language or examples.
        This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

          Dated: February 10, 2006.
          Roger D. Waldron,
          Acting Senior Procurement Executive, General Services Administration.

      [FR Doc. E6-2185 Filed 2-14-06; 8:45 am]
      BILLING CODE 6820-EP-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Parts 600 and 635
        RIN 0648-BC31
        Atlantic Highly Migratory Species; 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Amendment 8

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of public hearings; extension of comment period.

          SUMMARY:
          On February 22, 2013, NMFS published a proposed rule for Draft Amendment 8 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) to address several new proposed North Atlantic swordfish commercial fishery management measures, including a new open access permit that would allow the retention and sale of swordfish caught with certain handgears. We announced the date and location for six public hearings and a comment period ending on April 23, 2013. In this notice, NMFS announces the dates and logistics for two additional public hearings, and an extension of the comment period from April 23, 2013, to May 8, 2013, to provide additional opportunities for the five Fishery Management Councils, the Atlantic and Gulf States Marine Fisheries Commissions, and other interested parties to comment on the swordfish management measures proposed in Draft Amendment 8.

          DATES:
          The deadline for comments has been extended from April 23, 2013, to May 8, 2013. Two additional public hearings will be held, one on April 10, 2013 from 5:00 to 8:00 p.m., and the second on April 30, 2013 from 2:30 to 4:30 p.m., via public conference call and webinar.

          ADDRESSES:
          Addresses for the two additional public hearings are: Stafford Branch Library, 129 North Main Street, Manahawkin, NJ 08050 and via public conference call and webinar. To participate in the conference call dial 1-800-779-0686 and enter the passcode 2132689.
          As published on February 22, 2013 (78 FR 12273), written comments on this action may be submitted, identified by NOAA-NMFS-2013-0026, by any of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0026, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to the Highly Migratory Species Management Division, NMFS Office of Sustainable Fisheries, 1315 East-West Highway, Silver Spring, MD 20910. Please mark on the outside of the envelope “Comments on Amendment 8 to the HMS FMP.”
          • Fax: 301-713-1917; Attn: Jennifer Cudney.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and generally will be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:
          Rick Pearson at 727-824-5399 or Jennifer Cudney at 301-427-8503.

        SUPPLEMENTARY INFORMATION:

         Atlantic tunas and swordfish are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). Under the Magnuson-Stevens Act, the National Marine Fisheries Service (NMFS) must, consistent with the National Standards, prevent overfishing while achieving, on a continuing basis, the optimum yield (OY) from each fishery and rebuild overfished fisheries. Under ATCA, the Secretary of Commerce (Secretary) shall promulgate regulations as may be necessary and appropriate to carry out recommendations by the International Commission for the Conservation of Atlantic Tunas (ICCAT). The authority to issue regulations under the Magnuson-Stevens Act and ATCA has been delegated from the Secretary to the Assistant Administrator for Fisheries, NOAA (AA). Atlantic HMS regulations are found at 50 CFR part 635.
        Consistent with these legal obligations and based on the rebuilt status of North Atlantic swordfish, the renewed interest in commercial handgears, and the goal to more fully utilize the U.S. ICCAT-recommended swordfish quota allocation, NMFS proposed fishery management measures for Draft Amendment 8 to the 2006 Consolidated HMS FMP in a proposed rule published on February 22, 2013 (78 FR 12273). The proposed rule provides additional details.
        The preferred alternatives in Amendment 8 would establish a new open-access commercial swordfish vessel permit to allow for the retention and sale of a limited number (zero to six fish) of swordfish caught on rod and reel, handline, harpoon, bandit gear, or green-stick. HMS Charter/Headboat vessel permit holders would also be authorized to fish with rod and reel and handline under open-access swordfish commercial retention limits when they are not on a for-hire trip. In addition, the preferred alternatives would establish swordfish management regions. We have proposed an initial one-fish retention limit for the Florida Swordfish Management Area, a two-fish retention limit for the Caribbean region (to be consistent with the newly created HMS Commercial Caribbean Handgear Permit), and a three-fish retention limit for the Northwest Atlantic and Gulf of Mexico regions.
        Dates and Locations of Public Meetings
        The two additional public meetings dates and locations are as follows:

        • April 10, 2013, 5:00-8:00 p.m., Stafford Branch Library, 129 North Main Street, Manahawkin, NJ 08050
        • April 30, 2013, 2:30-4:30 p.m., Conference Call and Webinar, To participate in conference call, call: (800) 779-0686, Passcode: 2132689

        To participate in webinar, RSVP at: https://www1.gotomeeting.com/register/656686320.

        A confirmation email with webinar log-in information will be sent after RSVP is registered.

          Authority:
          16 U.S.C. 1801 et seq.

          Dated: March 18, 2013.
          Kara Meckley,
          Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2013-06541 Filed 3-21-13; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF TRANSPORTATION
        National Highway Traffic Safety Administration
        49 CFR Part 544
        [Docket No.: 2001-001; Notice 01]
        RIN 2127-AI07
        Insurer Reporting Requirements; List of Insurers Required to File Reports

          AGENCY:
          National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          This document proposes to amend Appendices A, B, and C of 49 CFR Part 544, insurer reporting requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file three copies of its report for the 1998 calendar year before October 25, 2001. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25.

          DATES:
          Comments must be submitted not later than October 9, 2001. Insurers listed in the appendices would be required to submit reports on or before October 25, 2001.

          ADDRESSES:
          Comments on this proposed rule must refer to the docket number referenced in the heading of this notice and submit them to: Docket Section, NHTSA, Room 5109, 400 Seventh Street, SW, Washington, DC 20590. Docket hours are 9:30 a.m. to 4:00 p.m., Monday through Friday.

          FOR FURTHER INFORMATION CONTACT:
          Ms. Henrietta L. Spinner, Office of Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW, Washington, DC 20590.
          Ms. Spinner's telephone number is (202) 366-4802. Her fax number is (202) 493-2290.

        SUPPLEMENTARY INFORMATION:

        Background
        Pursuant to 49 U.S.C. 33112, Insurer reports and information, NHTSA requires certain passenger motor vehicle insurers to file an annual report with the agency. Each insurer's report includes information about thefts and recoveries of motor vehicles, the rating rules used by the insurer to establish premiums for comprehensive coverage, the actions taken by the insurer to reduce such premiums, and the actions taken by the insurer to reduce or deter theft. Under the agency's regulation, 49 CFR Part 544, the following insurers are subject to the reporting requirements: (1) Those issuers of motor vehicle insurance policies whose total premiums account for 1 percent or more of the total premiums of motor vehicle insurance issued within the United States; (2) those issuers of motor vehicle insurance policies whose premiums account for 10 percent or more of total premiums written within any one state; and (3) rental and leasing companies with a fleet of 20 or more vehicles not covered by theft insurance policies issued by insurers of motor vehicles, other than any governmental entity.
        Pursuant to its statutory exemption authority, the agency exempted certain passenger motor vehicle insurers from the reporting requirements.
        A. Small Insurers of Passenger Motor Vehicles
        Section 33112(f)(2) provides that the agency shall exempt small insurers of passenger motor vehicles if NHTSA finds that such exemptions will not significantly affect the validity or usefulness of the information in the reports, either nationally or on a state-by-state basis. The term “small insurer” is defined, in Section 33112(f)(1)(A) and (B), as an insurer whose premiums for motor vehicle insurance issued directly or through an affiliate, including pooling arrangements established under state law or regulation for the issuance of motor vehicle insurance, account for less than 1 percent of the total premiums for all forms of motor vehicle insurance issued by insurers within the United States. However, that section also stipulates that if an insurance company satisfies this definition of a “small insurer,” but accounts for 10 percent or more of the total premiums for all motor vehicle insurance issued in a particular state, the insurer must report about its operations in that state.
        In the final rule establishing the insurer reports requirement (52 FR 59; January 2, 1987), 49 CFR Part 544, NHTSA exercised its exemption authority by listing in Appendix A each insurer that must report because it had at least 1 percent of the motor vehicle insurance premiums nationally. Listing the insurers subject to reporting, instead of each insurer exempted from reporting because it had less than 1 percent of the premiums nationally, is administratively simpler since the former group is much smaller than the latter. In Appendix B, NHTSA lists those insurers required to report for particular states because each insurer had a 10 percent or greater market share of motor vehicle premiums in those states. In the January 1987 final rule, the agency stated that it would update Appendices A and B annually. NHTSA updates the appendices based on data voluntarily provided by insurance companies to A.M. Best, which A.M. Best publishes in its State/Line Report each spring. The agency uses the data to determine the insurers' market shares nationally and in each state.
        B. Self-Insured Rental and Leasing Companies
        In addition, upon making certain determinations, NHTSA grants exemptions to self-insurers, i.e., any person who has a fleet of 20 or more motor vehicles (other than any governmental entity) used for rental or lease whose vehicles are not covered by theft insurance policies issued by insurers of passenger motor vehicles, 49 U.S.C. 33112(b)(1) and (f). NHTSA may exempt a self-insurer from reporting, if the agency determines:
        (1) The cost of preparing and furnishing such reports is excessive in relation to the size of the business of the insurer; and
        (2) The insurer's report will not significantly contribute to carrying out the purposes of Chapter 331.

        In a final rule published June 22, 1990 (55 FR 25606), the agency granted a class exemption to all companies that rent or lease fewer than 50,000 vehicles, because it believed that the largest companies' reports sufficiently represent the theft experience of rental and leasing companies. NHTSA concluded that smaller rental and leasing companies' reports do not significantly contribute to carrying out NHTSA's statutory obligations and that exempting such companies will relieve an unnecessary burden on them. As a result of the June 1990 final rule, the agency added Appendix C, consisting of an annually updated list of the self-insurers subject to Part 544. Following the same approach as in Appendix A, NHTSA included, in Appendix C, each of the self-insurers subject to reporting instead of the self-insurers which are exempted. NHTSA updates Appendix C based primarily on information from Automotive Fleet Magazine and Business Travel News.

        C. When a Listed Insurer Must File a Report
        Under Part 544, as long as an insurer is listed, it must file reports on or before October 25 of each year. Thus, any insurer listed in the appendices must file a report by October 25, and by each succeeding October 25, absent an amendment removing the insurer's name from the appendices.
        Proposal
        1. Insurers of Passenger Motor Vehicles
        Appendix A lists insurers that must report because each had 1 percent of the motor vehicle insurance premiums on a national basis. The list was last amended in a final rule published on August 14, 2000 (65 FR 49505). Based on the 1998 calendar year data market shares from A.M. Best, we propose to remove Prudential of America Group and Zurich Insurance Group-U.S. from Appendix A and to add CGU Group, SAFECO Insurance Companies, and St. Paul Companies to Appendix A.
        Each of the 19 insurers listed in Appendix A is required to file a report before October 25, 2001, setting forth the information required by Part 544 for each State in which it did business in the 1998 calendar year. As long as these 19 insurers remain listed, they will be required to submit reports by each subsequent October 25 for the calendar year ending slightly less than 3 years before.
        Appendix B lists insurers required to report for particular States for calendar year 1998, because each insurer had a 10 percent or greater market share of motor vehicle premiums in those States. Based on the 1998 calendar year data for market shares from A.M. Best, we propose to remove Allmerica P & C Companies, Commercial Union Insurance Companies, and Nodak Mutual Insurance Company from Appendix B and to add New Jersey Manufacturers Group to Appendix B.
        The nine insurers listed in Appendix B are required to report on their calendar year 1998 activities in every State where they had a 10 percent or greater market share. These reports must be filed by October 25, 2001, and set forth the information required by Part 544. As long as these nine insurers remain listed, they would be required to submit reports on or before each subsequent October 25 for the calendar year ending slightly less than 3 years before.
        2. Rental and Leasing Companies
        Appendix C lists rental and leasing companies required to file reports. Based on information in Automotive Fleet Magazine and Business Travel News for 1998, NHTSA proposes to remove Ford Rent-A-Car-System, Ryder System, Inc., and USL Capital Fleet Services from Appendix C and to add Consolidated Service Corporation to Appendix C. Each of the 17 companies (including franchisees and licensees) listed in Appendix C would be required to file reports for calendar year 1998 no later than October 25, 2001, and set forth the information required by Part 544. As long as those 17 companies remain listed, they would be required to submit reports before each subsequent October 25 for the calendar year ending slightly less than 3 years before.
        Regulatory Impacts
        1. Costs and Other Impacts
        This notice has not been reviewed under Executive Order 12866. NHTSA has considered the impact of this proposed rule and determined that the action is not “significant” within the meaning of the Department of Transportation's regulatory policies and procedures. This proposed rule implements the agency's policy of ensuring that all insurance companies that are statutorily eligible for exemption from the insurer reporting requirements are in fact exempted from those requirements. Only those companies that are not statutorily eligible for an exemption are required to file reports.
        NHTSA does not believe that this proposed rule, reflecting current data, affects the impacts described in the final regulatory evaluation prepared for the final rule establishing Part 544 (52 FR 59; January 2, 1987). Accordingly, a separate regulatory evaluation has not been prepared for this rulemaking action. Using the Bureau of Labor Statistics Consumer Price Index for 2000, the cost estimates in the 1987 final regulatory evaluation were adjusted for inflation. The agency estimates that the cost of compliance is $86,100 for any insurer added to Appendix A, $34,440 for any insurer added to Appendix B, and $9,936 for any insurer added to Appendix C. If this proposed rule is made final, for Appendix A, the agency would remove two companies and add three companies; for Appendix B, the agency would remove three companies and add one company; and for Appendix C, the agency would remove two companies and add one company. The agency estimates that the net effect of this proposal, if made final, would be $7,284 to insurers as a group.
        Interested persons may wish to examine the 1987 final regulatory evaluation. Copies of that evaluation were placed in Docket No. T86-01; Notice 2. Any interested person may obtain a copy of this evaluation by writing to NHTSA, Docket Section, Room 5109, 400 Seventh Street, SW, Washington, DC 20590, or by calling (202) 366-4949.
        2. Paperwork Reduction Act

        The information collection requirements in this proposed rule were submitted and approved by the Office of Management and Budget (OMB) pursuant to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This collection of information is assigned OMB Control Number 2127-0547 (“Insurer Reporting Requirements”) and approved for use through August 31, 2003, and the agency will seek to extend the approval afterwards.
        3. Regulatory Flexibility Act

        The agency also considered the effects of this rulemaking under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities. The rationale for the certification is that none of the companies proposed for Appendices A, B, or C are construed to be a small entity within the definition of the RFA. “Small insurer” is defined, in part under 49 U.S.C. 33112, as any insurer whose premiums for all forms of motor vehicle insurance account for less than 1 percent of the total premiums for all forms of motor vehicle insurance issued by insurers within the United States, or any insurer whose premiums within any State, account for less than 10 percent of the total premiums for all forms of motor vehicle insurance issued by insurers within the State. This notice would exempt all insurers meeting those criteria. Any insurer too large to meet those criteria is not a small entity. In addition, in this rulemaking, the agency proposes to exempt all “self insured rental and leasing companies” that have fleets of fewer than 50,000 vehicles. Any self insured rental and leasing company too large to meet that criterion is not a small entity.
        4. Federalism

        This action has been analyzed according to the principles and criteria contained in Executive Order 12612, and it has been determined that the proposed rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

        5. Environmental Impacts
        In accordance with the National Environmental Policy Act, NHTSA has considered the environmental impacts of this proposed rule and determined that it would not have a significant impact on the quality of the human environment.
        Interested persons are invited to submit comments on the proposal. It is requested but not required that two copies of the comments be submitted. All comments must not exceed 15 pages in length (49 CFR 553.21). Necessary attachments may be appended to these submissions without regard to the 15-page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim of confidentiality, two copies of the complete submission, including purportedly confidential business information, should be submitted to the Chief Counsel, NHTSA, at the street address given above, and one copy from which the purportedly confidential information has been deleted should be accompanied by cover letter setting forth the information specified in the agency's confidential business information regulation (49 CFR Part 512).
        All comments received before the close of business on the comment closing date indicated will be considered, and will be available for examination in the docket at the above address both before and after the date. To the extent possible, comments filed after the closing date will also be considered. Comments received too late for consideration regarding the final rule will be considered as suggestions for further rulemaking action. Comments on the proposal are available for inspection in the docket. NHTSA will continue to file relevant information, as it becomes available in the docket after the closing date. It is recommended that interested persons continue to examine the docket for new material.
        Those persons wanting receipt of their comments in the rule docket should enclose a self-addressed, stamped postcard in the envelope with their comments. Upon receiving the comments, the docket supervisor will return the postcard by mail.

          List of Subjects in 49 CFR Part 544
          Crime insurance, insurance, insurance companies, motor vehicles, reporting and recordkeeping requirements.

        In consideration of the foregoing, 49 CFR Part 544 is proposed to be amended as follows:

          PART 544—[AMENDED]
          1. The authority citation for part 544 would continue to read as follows:

            Authority:
            49 U.S.C. 33112; delegation of authority at 49 CFR 1.50.

          2. Paragraph (a) of § 544.5 would be revised to read as follows:

            § 544.5
            General requirements for reports.
            (a) Each insurer to which this part applies shall submit a report annually before October 25, beginning on October 25, 1986. This report shall contain the information required by § 544.6 of this part for the calendar year 3 years previous to the year in which the report is filed (e.g., the report due by October 25, 2001 will contain the required information for the 1998 calendar year).

            3. Appendix A to Part 544 would be revised to read as follows:
            Appendix A—Insurers of Motor Vehicle Insurance Policies Subject to the Reporting Requirements in Each State in Which They Do Business

              Allstate Insurance Group
              American Family Insurance Group
              American Financial Group
              American International Group
              California State Auto Association
              CGU Group 1

              CNA Insurance Companies
              Erie Insurance Group
              Farmers Insurance Group
              Berkshire Hathaway/GEICO Corporation Group
              Hartford Insurance Group
              Liberty Mutual Insurance Companies
              Nationwide Group
              Progressive Group
              SAFECO Insurance Companies 1

              St. Paul Companies 1

              State Farm Group
              Travelers PC Group
              USAA Group

                1 Indicates a newly listed company which must file a report beginning with the report due October 25, 2001.
              4. Appendix B to Part 544 would be revised to read as follows:
              Appendix B—Issuers of Motor Vehicle Insurance Policies Subject to the Reporting Requirements Only in Designated States
              Alfa Insurance Group (Alabama)
              Arbella Mutual Insurance (Massachusetts)
              Auto Club of Michigan Group (Michigan)
              Commerce Group, Inc. (Massachusetts)
              Concord Group Insurance Companies (Vermont)
              Kentucky Farm Bureau Group (Kentucky)
              New Jersey Manufacturers Group (New Jersey) 1

              Southern Farm Bureau Group (Arkansas, Mississippi)
              Tennessee Farmers Companies (Tennessee)

                1 Indicates a newly listed company which must file a report beginning with the report due October 25, 2001.

              5. Appendix C to Part 544 would be revised to read as follows:

              Appendix C—Motor Vehicle Rental and Leasing Companies (Including Licensees and Franchisees) Subject to the Reporting Requirements of Part 544
              Alamo Rent-A-Car, Inc.
              ARI (Automotive Rentals, Inc.)
              Associates Leasing Inc.
              A T & T Automotive Services, Inc.
              Avis, Rent-A-Car, Inc.
              Budget Rent-A-Car Corporation
              Consolidated Service Corporation 1

              Dollar Rent-A-Car Systems, Inc.
              Donlen Corporation
              Enterprise Rent-A-Car
              GE Capital Fleet Services
              Hertz Rent-A-Car Division (subsidiary of The Hertz Corporation)
              Lease Plan USA, Inc.
              National Car Rental System, Inc.
              PHH Vehicle Management Services
              U-Haul International, Inc. (Subsidiary of AMERCO)
              Wheels Inc.

                1 Indicates a newly listed company which must file a report beginning with the report due October 25, 2001.

            Issued on: July 30, 2001.
            Stephen R. Kratzke,
            Associate Administrator for Safety, Performance Standards.

      [FR Doc. 01-19469 Filed 8-6-01; 8:45 am]
      BILLING CODE 4910-59-P


        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Part 7
        [FAR Case 2019-001, Docket No. FAR-2019-0020, Sequence No. 1]
        RIN 9000-AN84
        Federal Acquisition Regulation: Analysis for Equipment Acquisitions

          AGENCY:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:
          DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the FAA Reauthorization Act of 2018, which requires, when acquiring equipment, a case-by-case analysis of cost and other factors associated with certain methods of acquisition, including purchase, short-term rental or lease, long-term rental or lease, interagency acquisition, and, if applicable, acquisition agreements with a State or local government.

          DATES:
          Interested parties should submit written comments at the address shown below on or before October 23, 2020 to be considered in the formation of the final rule.

          ADDRESSES:
          Submit comments in response to FAR Case 2019-001 to Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for “FAR Case 2019-001”. Select the link “Comment Now” that corresponds with FAR Case 2019-001. Follow the instructions provided at the “Comment Now” screen. Please include your name, company name (if any), and “FAR Case 2019-001” on your attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

            Instructions: Please submit comments only and cite “FAR case 2019-001” in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

          FOR FURTHER INFORMATION CONTACT:

          Mr. Michael O. Jackson, Procurement Analyst, at 202-208-4949, or by email at michaelo.jackson@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755 or GSARegSec@gsa.gov. Please cite FAR case 2019-001.

        SUPPLEMENTARY INFORMATION:
        I. Background

        On July 16, 2013, DoD, GSA, and NASA published a Request for Information (RFI) in the Federal Register (78 FR 42524) to determine whether there is a distinction between renting and leasing that is useful for the purposes of FAR subpart 7.4. The public comment period closed in September 2013 and 13 respondents provided comments in response to the RFI. A review of the public comments identified that there are differences between renting and leasing in many industries, but there are no standard differences between renting and leasing that span across all industries. As a result of the review, FAR case 2017-017 was opened to clarify the term “lease”, as used in the FAR and a proposed rule was published in the Federal Register on September 5, 2018, at 83 FR 45072; six respondents provided comments in response to the proposed rule.
        On October 5, 2018, the FAA Reauthorization Act of 2018 (Pub. L. 115-254) became law and included section 555, “Cost-Effectiveness Analysis of Equipment Rental.” (FAA stands for Federal Aviation Administration.) FAR case 2017-017 was subsequently closed and this FAR case 2019-001 was opened to implement the requirements of section 555. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments received in response to FAR case 2017-017 in developing this proposed rule and are dispositioned in this notice.
        This rule implements section 555 of the FAA Reauthorization Act of 2018, which:
        • Requires an agency to acquire equipment using the method of acquisition that is most advantageous to the Government based on a case-by-case analysis of comparative costs and other factors (to include the factors in FAR section 7.401);
        • Identifies methods of acquisition that must be considered, at a minimum, in the analysis; and
        • Requires the FAR to implement the requirements of the section and identify the factors agencies should or shall consider to perform the case-by-case analysis.
        II. Discussion and Analysis
        To implement the requirements of the law, described above, this rule proposes to amend FAR subpart 7.4 to: Require the comparison of purchase, short-term rental or lease, long-term rental or lease, interagency acquisition, and agency acquisition agreements with State or local governments as a method of acquisition for equipment; include the term “rent,” where applicable; and add factors to be considered when evaluating various methods of acquisition.
        A discussion of the comments received under proposed rule 2017-017 is provided as follows:
        1. Support for the Rule

          Comment: Several of the respondents expressed support for the rule.

          Response: The Councils acknowledge the public support for the rule.
        2. Incorporate Section 555 Into the Proposed Rule

          Comment: A respondent advised that the proposed rule should be modified to incorporate section 555 of the FAA Reauthorization Act of 2018.

          Response: FAR case 2017-017 was closed and rolled into FAR case 2019-001, specifically to implement section 555 of the FAA Reauthorization Act of 2018.
        3. Factors To Consider

          Comment: A number of respondents suggested the following additional factors that could be considered in the analysis and decision to rent, lease, or purchase equipment—
        • How long the equipment is needed and how long it will be in use (or its useful life);
        • Cancellation, extension, and early return conditions in the agreement;

        • Maintenance requirements for the equipment and the cost to the Government under various acquisition methods, to include any maintenance requirements specific to an industry (e.g., test and measurement equipment);
        • Whether the agreement includes an option to purchase the equipment, and, if so, the cost benefit to the Government in such an option;
        • Repair, transport, storage, insurance, environmental and licensing requirements for the equipment and the cost to the Government under various acquisition methods;
        • Whether the equipment can be swapped out or exchanged;
        • Availability or delivery of equipment to meet Government needs and timeline.

          Response: While section 555 serves as the main impetus for this proposed rule, the suggestions and comments on FAR case 2017-017 have been taken into account and additional factors have been added to FAR 7.401(b)(1) and (b)(2).
        4. Renting/Leasing

          Comment: Several respondents expressed concern that the proposed rule did not clarify the differences between renting and leasing, including those specific to the heavy equipment industry, and that without this recognition, the Government will waste money by grouping these two categories together.

          Response: Additional considerations unique to renting have been added to FAR 7.401(b)(1) and (b)(2). However, the proposed rule does not differentiate between rent and leasing because there are no standard differences between these practices that span across all industries. As a result, the recommended clarification could have the unintended consequence of creating new confusion.

          Comment: Several respondents recommended implementing a separate “rental method” of acquisition, in order to identify the unique properties and benefits of renting. A respondent asserts that codification of a definitive definition of “rental method”, “equipment rental”, and “lease method” is necessary for contracting officers to understand the differences between both methods, and impossible for the Government to execute a rental agreement.

          Response: The purpose of FAR subpart 7.4 is to facilitate an analysis and a decision on whether it is in the best interest of the Government to purchase a piece of equipment versus obtaining the equipment via any other non-purchase method. As a result, this case includes the word “rent” throughout FAR subpart 7.4 text, to ensure that contracting officers are aware that rental agreements are an acceptable non-purchase acquisition method for equipment, and implements additional factors to be considered in the analysis that account for the unique benefits that rental agreements may provide for the Government.

          Comment: A respondent advised that defining the difference between renting and leasing will help agencies meet their small business goals, as a majority of heavy equipment leases would fall under the simplified acquisition threshold and; therefore, be awarded to small businesses.

          Response: This rule proposes to add the word “rent” throughout the text of FAR subpart 7.4, as appropriate, to ensure contracting officers are aware that rental agreements are an acceptable non-purchase method of equipment acquisition.
        5. Guidance/Resources

          Comment: A respondent advised that providing acquisition officials with the guidance in OMB Circular A-94 will cause confusion, as the guidance does not apply to short-term rentals and eliminates the possibility that an acquisition official would consider rental as an acquisition option since the proposed rule makes rentals and leases synonymous.

          Response: The purpose of referring to the OMB Circular is to make the contracting officer aware of additional information that may be relevant in determining the method of acquisition that is most advantageous to the Government. The reference is not intended to preclude consideration of rent as a method of acquisition, but respondents to the proposed rule are encouraged to offer suggested clarifications.

          Comment: A respondent suggested that the GSA website provided to contracting officers for additional information may be too narrow of a resource, as it pertains to a program that is akin to a hardware store, home improvement center, or are maintenance, repair, and operations supplies. The respondent recommends providing another resource that can assist agencies with rental, lease, or purchase decisions for a broader scope of products.

          Response: The GSA customer service information and website at FAR 7.403(b)(1) and (b)(2) are provided as current sources Federal agencies may use when they need assistance with a buy, rent, or lease decision. Agencies may provide supplemental guidance, as needed, to meet their unique needs and requirements.
        6. Amend GSA Security Schedule

          Comment: A respondent recommended amending the GSA Security Schedule 84 to permit leasing of equipment, by Federal, State, and Local law enforcement and emergency response agencies, through the schedule contracts and make conforming changes within the contract that clarify the applicable terms and conditions that apply when purchasing versus leasing equipment under the Schedule.

          Response: This comment is outside the scope of FAR case 2017-017 and the scope of the current proposed rule.
        III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items
        This proposed rule does not create any new provisions or clauses, nor does it change the applicability of any existing provisions or clauses included in solicitations and contracts valued at or below the SAT, or for commercial items, including COTS items.
        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 proposed rule is not a major rule under 5 U.S.C. 804.
        V. Executive Order 13771
        The rulemaking is not subject to E.O. 13771, because this proposed rule is not a significant regulatory action under E.O. 12866.
        VI. Regulatory Flexibility Act

        DoD, GSA, and NASA do not expect this rulemaking 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. However, an initial regulatory flexibility analysis has been performed and is summarized as follows:

          The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to revise the Federal Acquisition Regulation (FAR) to require, when acquiring equipment, a case-by-case analysis of cost and other factors associated with certain methods of acquisition.
          The objective of the rule is to ensure agencies acquire equipment using the method of acquisition that is most advantageous to the Government based on a case-by-case analysis of comparative costs and other factors. The legal basis for the rule is section 555 of the FAA Reauthorization Act of 2018 (Pub. L. 115-254).

          DoD, GSA, and NASA do 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. The rule primarily affects internal Government requirements determination decisions, acquisition strategy decisions, and contract file documentation requirements. The Government does not collect data on the total number of solicitations issued on an annual basis that are subject to the analysis of FAR subpart 7.4. However, the Federal Procurement Data System (FPDS) collects information on the product service code (PSC) assigned to a contract based on the predominant supply or service being acquired. FPDS data for FY 2016-2018, on PSCs for approximately 100 types of equipment and 80 types of equipment rental or lease services, indicates that the Federal Government awards an average of 125,940 new contracts and orders annually; of which approximately 54,845 (44 percent) were awarded to approximately 6,940 unique small businesses.
          The proposed rule does not impose any Paperwork Reduction Act reporting or recordkeeping requirements on any small entities. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the proposed rule that would meet the proposed objectives.

        The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA and NASA invite comments from small business concerns and other interested parties on the expected impact of this rulemaking on small entities.
        DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this proposed rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2019-001) in correspondence.
        VII. Paperwork Reduction Act
        The proposed 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 7
          Government Procurement.

          William F. Clark,
          Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR part 7 as set forth below:

          PART 7—ACQUISITION PLANNING

        1. The authority citation for 48 CFR part 7 continues to read as follows:

          Authority:
           40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113.

        2. Revise the heading of subpart 7.4 to read as follows:

          Subpart 7.4—Equipment Acquisition

        3. Revise section 7.400 to read as follows:

          7.400
          Scope of subpart.
          This subpart—
          (a) Implements section 555 of the FAA (Federal Aviation Administration) Reauthorization Act of 2018 (Pub. L. 115-254);
          (b) Provides guidance when acquiring equipment and more than one method of acquisition is available for use; and
          (c) Applies to both the initial acquisition of equipment and the renewal or extension of existing equipment leases or rental agreements.

        4. Revise section 7.401 to read as follows:

          7.401
           Acquisition considerations.

          (a)(1) Agencies shall acquire equipment using the method of acquisition most advantageous to the Government based on a case-by-case analysis of comparative costs and other factors in accordance with this subpart and agency procedures.
          (2) The methods of acquisition to be compared in the analysis shall include, at a minimum—
          (i) Purchase;
          (ii) Short-term rental or lease;
          (iii) Long-term rental or lease;
          (iv) Interagency acquisition (see 2.101); and
          (v) Agency acquisition agreements, if applicable, with a State or local government.
          (b)(1) The factors to be compared in the analysis shall include, at a minimum:
          (i) Estimated length of the period the equipment is to be used and the extent of use within that period;
          (ii) Financial and operating advantages of alternative types and makes of equipment;
          (iii) Cumulative rent, lease, or other periodic payments, however described, for the estimated period of use;
          (iv) Net purchase price;
          (v) Transportation, installation, and storage costs;
          (vi) Maintenance, repair, and other service costs; and
          (vii) Potential obsolescence of the equipment because of imminent technological improvements.
          (2) The following additional factors should be considered, as appropriate, depending on the type, cost, complexity, and estimated period of use of the equipment:
          (i) Availability of purchase options.
          (ii) Cancellation, extension, and early return conditions and fees.
          (iii) Ability to swap out or exchange equipment.
          (iv) Available warranties.
          (v) Insurance, environmental, or licensing requirements.
          (vi) Potential for use of the equipment by other agencies after its use by the acquiring agency is ended.
          (vii) Trade-in or salvage value.
          (viii) Imputed interest.

          (ix) Availability of a servicing capability, especially for highly complex equipment; e.g., can the equipment be serviced by the Government or other sources if it is purchased?
          (c) The analysis in paragraph (a) is not required—

          (1) When the President has issued an emergency declaration or a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
          (2) In other emergency situations if the agency head makes a determination that obtaining such equipment is necessary in order to protect human life or property; or
          (3) When otherwise authorized by law.

        5. Amend section 7.402 by—
        a. Removing from paragraph (a)(1) “cumulative leasing” and adding “cumulative rental or leasing” in its place;
        b. Removing from paragraph (a)(2) “favor of leasing” and adding “favor of renting or leasing” in its place;
        c. Revising the heading and introductory text of paragraph (b)(1);
        d. Revising paragraph (b)(2);
        e. Removing from paragraph (b)(3) “long term lease” and adding “long term rental or lease agreement” in its place; and
        f. Removing from paragraph (b)(4) “If a lease with option” and adding “If a rental or lease agreement with option” in its place.
        The revised text reads as follows:

          7.402
           Acquisition methods.

          (b) Rent or lease method. (1) The rent or lease method is appropriate if it is to the Government's advantage under the circumstances. The rent or lease method may also serve as a short-term measure when the circumstances—

          (2) If a rent or lease method is justified, a rental or lease agreement with option to purchase is preferable.

        6. Amend section 7.403 by—
        a. Revising the section heading;
        b. Removing from paragraph (a) “in lease or” and adding “in lease, rent, or” in its place;
        c. Revising paragraph (b); and
        d. Adding paragraph (c).
        The revised and added text reads as follows:

          7.403
           General Services Administration assistance and OMB Guidance.

          (b) For additional GSA assistance and guidance, agencies may—

          (1) Request information from the GSA FAS National Customer Service Center by phone at 1-800-488-3111 or by email at ncsccustomer.service@gsa.gov; and

          (2) See GSA website, Schedule 51 V Hardware Superstore-Equipment Rental, (https://www.gsa.gov/acquisition/purchasing-programs/gsa-schedules/list-of-gsa-schedules/schedule-51-vhardware-superstore/equipment-rental-and-leasing).
          (c) For additional OMB guidance, see—

          (1) Section 13, Special Guidance for Lease-Purchase Analysis, and paragraph 8.c.(2), Lease-Purchase Analysis, of OMB Circular A-94, Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs, (https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A94/a094.pdf); and

          (2) Appendix B, Budgetary Treatment of Lease-Purchases and Leases of Capital Assets, of OMB Circular A-11, Preparation, Submission, and Execution of the Budget, (https://www.whitehouse.gov/wp-content/uploads/2018/06/app_b.pdf).

          7.404
           [Amended]

        7. Removing from the text “a lease with” and adding “a rental or lease agreement with” in its place.

      [FR Doc. 2020-15769 Filed 8-21-20; 8:45 am]
      BILLING CODE 6820-EP-P