Federal Acquisition Regulation: Extension of Limitations on Contractor Employee Personal Conflicts of Interest

Citation86 FR 14862
Record Number2021-05660
Published date19 March 2021
CourtGeneral Services Administration,National Aeronautics And Space Administration
14862
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Proposed Rules
allocating the funding of the provision
of VRS and IP Relay among all
telecommunications carriers and VoIP
providers. By including intrastate
revenues in the contribution base, the
VRS and IP Relay programs, including
the providers and users, would be
supported by a broader, more
sustainable contribution base.
24. The Commission seeks comment
from all interested parties. Small
entities are encouraged to bring to the
Commission’s attention any specific
concerns they may have with the
proposals outlined in the NPRM. The
Commission expects to consider the
economic impact on small entities, as
identified in comments filed in response
to the NPRM, in reaching its final
conclusions and taking action in this
proceeding.
Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals
25. None.
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Telecommunications,
Telecommunications relay services.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Proposed Rules
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend Title 47
part 64 as follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201,
202, 217, 218, 220, 222, 225, 226, 227, 227b,
228, 251(a), 251(e), 254(k), 262, 276,
403(b)(2)(B), (c), 616, 620, 1401–1473, unless
otherwise noted; Pub. L. 115–141, Div. P, sec.
503, 132 Stat. 348, 1091.
§ 64.604 [AMENDED]
2. Amend § 64.604 by revising
paragraphs (c)(5)(ii) and (c)(5)(iii)(A) to
read as follows:
§ 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(ii) Cost recovery. Costs caused by
interstate TRS shall be recovered from
all subscribers for every interstate
service, utilizing a shared-funding cost
recovery mechanism. Except as noted in
this paragraph, costs caused by
intrastate TRS shall be recovered from
the intrastate jurisdiction. In a state that
has a certified program under § 64.606,
the state agency providing TRS shall,
through the state’s regulatory agency,
permit a common carrier to recover
costs incurred in providing TRS by a
method consistent with the
requirements of this section. Costs
caused by the provision of interstate and
intrastate IP CTS, VRS, and IP Relay, if
not provided through a certified state
program under § 64.606, shall be
recovered from all subscribers for every
interstate and intrastate service, using a
shared-funding cost recovery
mechanism.
(iii) * * *
(A) Contributions. Every carrier
providing interstate or intrastate
telecommunications services (including
interconnected VoIP service providers
pursuant to § 64.601(b)) and every
provider of non-interconnected VoIP
service shall contribute to the TRS
Fund, as described herein:
(1) For the support of TRS other than
IP CTS, VRS, and IP Relay, on the basis
of interstate end-user revenues; and
(2) For the support of IP CTS, VRS,
and IP Relay on the basis of interstate
and intrastate revenues. Contributions
shall be made by all carriers who
provide interstate or intrastate services,
including, but not limited to, cellular
telephone and paging, mobile radio,
operator services, personal
communications service (PCS), access
(including subscriber line charges),
alternative access and special access,
packet-switched, WATS, 800, 900,
message telephone service (MTS),
private line, telex, telegraph, video,
satellite, intraLATA, international, and
resale services.
* * * * *
[FR Doc. 2021–04484 Filed 3–18–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 3, 12, and 52
[FAR Case 2013–022, Docket No. FAR–
2013–0022, Sequence No. 1]
RIN 9000–AM69
Federal Acquisition Regulation:
Extension of Limitations on Contractor
Employee Personal Conflicts of
Interest
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Proposed rule; withdrawal.
SUMMARY
: DoD, GSA, and NASA are
withdrawing the proposed rule to
amend the Federal Acquisition
Regulation (FAR) titled: Extension of
Limitations on Contractor Employee
Personal Conflicts of Interest. The
decision not to proceed with a final rule
was made on the basis that the
requirements of the underlying statute
that directed consideration of a FAR
change have been met. Accordingly, this
proposed rule is withdrawn, and the
FAR case is closed.
DATES
: The proposed rule published on
April 2, 2014, at 79 FR 18503 is
withdrawn as of March 19, 2021.
FOR FURTHER INFORMATION CONTACT
:
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or
mahruba.uddowla@gsa.gov. Please cite
‘‘FAR Case 2013–022’’.
SUPPLEMENTARY INFORMATION
: On April
2, 2014, DoD, GSA, and NASA proposed
to amend the FAR to implement a
recommendation made by DoD pursuant
to section 829 of the National Defense
Authorization Act for Fiscal Year 2013
(79 FR 18503). The proposed rule
considered extending the limitations at
FAR subpart 3.11 on contractor
employee personal conflicts of interest
to individuals performing any function
that is closely associated with
inherently governmental functions and
certain individuals performing contracts
for personal services.
A decision was made not to proceed
with finalization of the proposed rule.
Because of the passage of time since the
proposed rule was issued in 2014, and
the fact that section 829 did not require
any changes to the FAR, the FAR
Council believes further consideration
of any amendments to the FAR related
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14863
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Proposed Rules
to limitations on contractor employee
personal conflicts of interest should be
accomplished under a new FAR case.
Accordingly, the proposed rule
published at 79 FR 18503 on April 2,
2014, is withdrawn and FAR Case 2013–
022 is closed.
List of Subjects in 48 CFR Parts 1, 3, 12,
and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–05660 Filed 3–18–21; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 7, 25, 44, and 52
FAR Case 2018–002, Docket No. FAR–2018–
0051, Sequence No. 1]
RIN 9000–AN62
Federal Acquisition Regulation:
Protecting Life in Global Health
Assistance
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Proposed rule; withdrawal.
SUMMARY
: DoD, GSA, and NASA are
withdrawing the proposed rule to
amend the Federal Acquisition
Regulation (FAR) titled: Protecting Life
in Global Health Assistance. The
decision not to proceed with a final rule
has been made because the Presidential
Memorandum regarding ‘‘The Mexico
City Policy,’’ dated January 23, 2017,
has been revoked by the Memorandum
on Protecting Women’s Health at Home
and Abroad issued by President Biden
on January 28, 2021. Accordingly, this
proposed rule is withdrawn, and the
FAR case is closed.
DATES
: The proposed rule published on
September 14, 2020, at 85 FR 56549 is
withdrawn as of March 19, 2021.
FOR FURTHER INFORMATION CONTACT
: FAR
Policy, at 202–969–4075 or farpolicy@
gsa.gov. Please cite ‘‘FAR Case 2018–
002’’.
SUPPLEMENTARY INFORMATION
: On
September 14, 2020, DoD, GSA, and
NASA proposed to amend the FAR to
implement the Presidential
Memorandum regarding ‘‘The Mexico
City Policy,’’ issued on January 23,
2017. The Secretary of State approved
on May 9, 2017, a plan, called
‘‘Protecting Life in Global Health
Assistance’’ (PLGHA), to specify the
manner in which U.S. Government
Departments and Agencies will apply
the provision of the ‘‘Mexico City
Policy’’ to foreign non-governmental
organizations that receive U.S. funding
for global health assistance. The rule
proposed amendments to limit the
foreign contractors eligible to receive
global health assistance funding to only
those that agree to abide by the terms of
the PLGHA policy in their contract or
subcontract.
On January 28, 2021, the
Memorandum on Protecting Women’s
Health at Home and Abroad was issued
by President Biden which revoked the
Presidential Memorandum regarding
‘‘The Mexico City Policy.’’ Accordingly,
the proposed rule published at 85 FR
56549 on September 14, 2020, is
withdrawn and FAR Case 2018–002 is
closed.
List of Subjects in 48 CFR Parts 1, 7, 25,
44, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–05661 Filed 3–18–21; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 3, 4, 7, 9, 11, 12, 13,
14, 15, 16, 18, 37, 42, 52 and 53
[FAR Case 2011–001, Docket No. FAR–
2011–0001, Sequence No. 1]
RIN 9000–AL82
Federal Acquisition Regulation:
Organizational Conflicts of Interest
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Proposed rule; withdrawal.
SUMMARY
: DoD, GSA, and NASA are
withdrawing the proposed rule to
amend the Federal Acquisition
Regulation (FAR) titled: Organizational
Conflicts of Interest. The decision not to
proceed with a final rule has been made
given the amount of time that has
passed since publication of the
proposed rule. Accordingly, this
proposed rule is withdrawn, and the
FAR case is closed.
DATES
: The proposed rule published on
April 26, 2011, at 76 FR 23236 is
withdrawn as of March 19, 2021.
FOR FURTHER INFORMATION CONTACT
:
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or
mahruba.uddowla@gsa.gov. Please cite
‘‘FAR Case 2011–001’’.
SUPPLEMENTARY INFORMATION
: April 26,
2011, DoD, GSA, and NASA proposed to
amend the FAR to revise regulatory
coverage on organizational conflicts of
interest (OCI) and provide additional
coverage regarding contractor access to
nonpublic information (76 FR 23236).
The proposed rule sought public
comment on a revised approach to OCI
and unequal access to nonpublic
information, as well as the OCI
framework for major defense acquisition
programs implemented in the Defense
Federal Acquisition Regulation
Supplement (DFARS) via DFARS Case
2009–D015 (75 FR 20954, April 22,
2010).
Given the amount of time that has
passed since publication of the
proposed rule, and potential changed
circumstances, a decision has been
made not to proceed with finalization of
the FAR rule. Accordingly, the proposed
rule published at 76 FR 23236 on April
26, 2011, is withdrawn and FAR Case
2011–001 is closed. Consideration of
any future amendments to the FAR
related to organizational conflicts of
interest or unequal access to nonpublic
information will be accomplished under
a new FAR case.
List of Subjects in 48 CFR Parts 2, 3, 4,
7, 9, 11, 12, 13, 14, 15, 16, 18, 37, 42,
52 and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–05658 Filed 3–18–21; 8:45 am]
BILLING CODE 6820–EP–P
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