[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Rules and Regulations]
[Pages 30317-30318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11560]
[[Page 30317]]
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DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3001, 3002, 3009, and 3013
[Docket No. DHS-2008-0051]
RIN 1601-AA51
Office of the Chief Procurement Officer; Revision of Department
of Homeland Security Acquisition Regulation; Technical Amendments (HSAR
Case 2008-001)
AGENCY: Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security (DHS) is amending its
Homeland Security Acquisition Regulation to make the Transportation
Security Administration subject to that regulation and to the Federal
Acquisition Regulation system for acquisitions initiated after June 22,
2008. This rule also removes provisions related to DHS special
streamlined acquisition authority, changes the name of the Bureau of
Immigration and Customs Enforcement to U.S. Immigration and Customs
Enforcement, and the name of the Bureau of Customs and Border
Protection to U.S. Customs and Border Protection in the Homeland
Security Acquisition Regulation, and makes other technical amendments.
DATES: Effective date: This rule is effective May 27, 2008. Although
this rule goes into effect on May 27, 2008, the Transportation Security
Administration exemption from the Homeland Security Acquisition
Regulation and the Federal Acquisition Regulation system remains in
effect up to and including June 22, 2008.
FOR FURTHER INFORMATION CONTACT: Kathy Strouss, Office of the Chief
Procurement Officer, Department of Homeland Security (DHS), (202) 447-
5300.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
The Homeland Security Acquisition Regulation (HSAR) supplements the
Federal Acquisition Regulation (FAR) system to provide a uniform
department-wide acquisition regulation for the Department of Homeland
Security (DHS). The Transportation Security Administration (TSA) has
historically been exempt from the HSAR by authority of section 101(a)
of the Aviation and Transportation Security Act (ATSA), Pub. L. 107-71,
codified at section 114(o) of title 49, which applies the acquisition
management system (AMS) established by the Administrator of the Federal
Aviation Administration (FAA) to TSA acquisitions. The Homeland
Security Act of 2002, Pub. L. 107-296 (HSA), as amended, transferred
TSA into DHS, but did not remove the application of the FAA AMS to TSA
acquisitions. TSA thus continues to use the FAA AMS, and not the HSAR
and the FAR, for TSA acquisitions.
On December 26, 2007, the President signed and thereby enacted the
Consolidated Appropriations Act of 2008, Pub. L. 110-161. This
legislation at division E, Title V, section 568, strikes section 114(o)
of Title 49 effective June 23, 2008. Accordingly, TSA will be required
to follow the FAR system and HSAR authorities for TSA acquisitions
initiated after June 22, 2008. This final rule implements those changes
by removing the TSA exemption from the HSAR and applying the HSAR and
the FAR system to TSA acquisitions initiated on or after June 23, 2008.
Removal of DHS Streamlined Acquisition Authority, Name Changes for Two
Components, and Additional Technical Amendments
Additional amendments contained in this regulatory action include
technical amendments to 48 CFR Chapter 30 content as follows:
Name changes for the Bureau of Immigration and Customs
Enforcement and the Bureau of Customs and Border Protection in Parts
3001 and 3002;
Removal of expired authority at 3013.70 regarding special
streamlined acquisition authority; and
Removal of the HSAR 3052.209-72 provision prescription
content at the 3009.507 heading.
These amendments incorporate into the HSAR name changes made by DHS
to two DHS Components. Congress and the President established DHS on
January 24, 2003, as the result of the reorganization of 22 federal
agencies, including the former Immigration and Naturalization Service
(INS) and the U.S. Customs Service (Customs Service). Pursuant to
sections 403, 442, 451 and 1502 of the HSA, the INS and the Customs
Service were transferred to DHS effective March 1, 2003, and
reorganized to become the Bureau of Citizenship and Immigration
Services, the Bureau of Immigration and Customs Enforcement, and the
Bureau of Customs and Border Protection. On January 18, 2007, DHS
notified Congress that, pursuant to HSA section 872(a)(2), DHS was
renaming the Bureau of Immigration and Customs Enforcement as U.S.
Immigration and Customs Enforcement (ICE), and the Bureau of Customs
and Border Protection as U.S. Customs and Border Protection (CBP).
These name changes are reflected in a DHS notice published in the
Federal Register on April 23, 2007, at 72 FR 20131. That notice
requires that all references to the Bureau of Immigration and Customs
Enforcement and the Bureau of Customs and Border Protection in existing
documents and actions be construed as references to U.S. Immigration
and Customs Enforcement (ICE) and U.S. Customs and Border Protection
(CBP), respectively. The amendments below make corresponding name
changes to HSAR regulatory text.
The amendments also remove the provision prescription at 3009.507,
which is now obsolete.
Finally, technical amendments to 3013.70 reflect the expiration of
special streamlined DHS acquisition authorities. The HSA at division E,
title VIII, section 833, authorized special streamlined acquisition
authority for certain DHS procurement actions. That special authority
expired on September 30, 2007. These amendments remove the HSAR
guidance and instructions related to those expired authorities.
Good Cause for Immediate Adoption
DHS is issuing this final rule without prior notice and opportunity
to comment pursuant to its authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes the agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' DHS finds that prior notice and public comment to this
interim final rule is unnecessary and contrary to the public interest
because the regulatory action implements a non-discretionary,
legislative mandate and makes other minor, technical changes that do
not otherwise modify the Department's current policies. As such, this
is a technical and administrative change for which prior public notice
and comment is unnecessary and contrary to the public interest.
II. Rulemaking Analysis and Notices
A. Executive Order 12866
The Office of Management and Budget has determined this rule to not
be a ``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993), as
amended. Accordingly, this action was not subject to review under the
Executive Order by
[[Page 30318]]
the Office of Information and Regulatory Affairs within OMB.
B. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. DHS has
certified that there is good cause for this interim final rule to be
issued without prior notice and comment. In these circumstances an
initial regulatory flexibility analysis is not required. In addition,
this rule interprets legislation and is not subject to agency
discretion. DHS thus certifies that this rule will not have a
significant impact on a substantial number of small entities. DHS will,
however, consider comments from small entities concerning the affected
HSAR Part(s) in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately in writing to Kathy Strouss, the Office
of the Chief Procurement Officer at [email protected] and should
cite to 5 U.S.C. 601, et seq. (HSAR case 2008-001), in the subject
matter line of the correspondence.
C. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
D. Federalism (Executive Order 13132)
This regulatory action does not have Federalism implications, as
set forth in Executive Order 13132. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects in 48 CFR Parts 3001, 3002, 3009, and 3013
Government procurement.
Dated: May 19, 2008.
Thomas W. Essig,
Chief Procurement Officer, Department of Homeland Security.
0
For the reasons stated in the preamble, the Department of Homeland
Security amends 48 CFR parts 3001, 3002, 3009, and 3013 as follows:
0
1. The authority citation for 48 CFR parts 3001, 3002, 3009, and 3013
continues to read as follows:
Authority: 41 U.S.C. 418b(a) and (b).
PART 3001--FEDERAL ACQUISITION REGULATION SYSTEM
0
2. Revise section 3001.104(b) to read as follows:
3001.104 Applicability.
* * * * *
(b) The Transportation Security Administration (TSA) exception to
this regulation is authorized by the Aviation and Transportation
Security Act of 2001 (ATSA) (section 101(a) of Public Law 107-71, as
implemented at section 114(o) of title 49) for contracts awarded by TSA
pursuant to this ATSA authority. The Consolidated Appropriations Act of
2008, Public Law 110-161, Division E, Title V, section 568 eliminates
ATSA section 114(o) effective June 23, 2008. Accordingly, TSA
acquisitions initiated after June 22, 2008 are subject to 48 CFR
Chapters 1 and 30.
* * * * *
0
3. Revise section 3001.105-2(a) to read as follows:
3001.105-2 Arrangement of regulations.
(a) General. The HSAR, which encompasses both Department-wide and
Component-unique guidance, conforms to the arrangement and numbering
system prescribed by (FAR) 48 CFR 1.105-2. Guidance that is unique to a
Component contains the organization's acronym or abbreviation directly
following the title. The following acronyms apply:
DHS Office of Procurement Operations (OPO);
Federal Emergency Management Agency (FEMA);
Federal Law Enforcement Training Center (FLETC);
Transportation Security Administration (TSA);
U.S. Coast Guard (USCG);
U.S. Customs and Border Protection (CBP);
U.S. Immigration and Customs Enforcement (ICE); and
U.S. Secret Service (USSS).
PART 3002--DEFINITIONS OF WORDS AND TERMS
0
4. Amend section 3002.101 by revising the definition for ``Component''
to read as follows:
3002.101 Definitions.
* * * * *
Component means the following entities for purposes of this
chapter:
(1) DHS Office of Procurement Operations (OPO);
(2) Federal Emergency Management Agency (FEMA);
(3) Federal Law Enforcement Training Center (FLETC);
(4) Transportation Security Administration (TSA), for acquisitions
initiated after June 22, 2008;
(5) U.S. Coast Guard (USCG);
(6) U.S. Customs and Border Protection (CBP);
(7) U.S. Immigration and Customs Enforcement (ICE); and
(8) U.S. Secret Service (USSS).
* * * * *
PART 3009--CONTRACTOR QUALIFICATIONS
0
5. Remove and reserve section 3009.507 to read as follows:
3009.507 Solicitation provision and contract clause. [Reserved]
PART 3013--SIMPLIFIED ACQUISITION PROCEDURES
3013.70 [Removed and reserved]
0
6. Remove section 3013.70.
[FR Doc. E8-11560 Filed 5-23-08; 8:45 am]
BILLING CODE 4410-10-P