00-766. Defense Federal Acquisition Regulation Supplement; Authority Relating to Utility Privatization

[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2058-2059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-766]


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DEPARTMENT OF DEFENSE

48 CFR Part 241

[DFARS Case 99-D309]


Defense Federal Acquisition Regulation Supplement; Authority 
Relating to Utility Privatization

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Acting Director of Defense Procurement has issued an 
interim rule amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement Section 2812 of the National Defense 
Authorization Act for Fiscal Year 2000. Section 2812 provides that DoD 
may enter into utility service contracts related to the conveyance of a 
utility system for periods not to exceed 50 years.

DATES: Effective date: January 13, 2000.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before March 13, 2000, to be 
considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Melissa Rider, PDUSD 
(AT&L)DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax [phone].
    E-mail comments submitted via the Internet should be addressed to: 
[e-mail]
    Please cite DFARS Case 99-D309 in all correspondence related to 
this rule. E-mail comments should cite DFARS Case 99-D309 in the 
subject line.

FOR FURTHER INFORMATION CONTACT: Ms Melisssa Rider, [phone].

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule adds a new section at DFARS 241.103 to implement 
Section 2812 of the National Defense Authorization Act for Fiscal Year 
2000 (Pub. L. 106-65). Section 2812 amends 10 U.S.C. 2688 to provide 
authority for DoD to enter into utility service contracts related to 
the conveyance of a utility system for periods not to exceed 50 years.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not except 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., because utility 
services generally are not provided by small business concerns. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
99-D309.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish this 
interim rule prior to affording the public an opportunity to comment. 
This interim rule amends the DFARS to add policy regarding DoD's 
authority to enter into utility service contracts with terms of up to 
50 yeas, if the contracts are connected with the conveyance of a 
utility system. The rule implements Section 2812 of the National 
Defense Authorization Act for Fiscal Year 2000. Section 2812 became 
effective on October 5, 1999. DoD will consider comments received in 
response to this interim rule in the formation of the final rule.

List of Subjects in 48 CFR Part 241

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 241 is amended as follows:

[[Page 2059]]

    1. The authority citation for 48 CFR Part 241 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 241--ACQUISITION OF UTILITY SERVICES

    2. Section 241.103 is added to read as follows:


Sec. 241.103  Statutory and delegated authority.

    The contracting office may enter into a utility service contract 
related to the conveyance of a utility system for a period not to 
exceed 50 years (10 U.S.C. 2688(c)(3)).
[FR Doc. 00-766 Filed 1-12-00; 8:45 am]
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