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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations superseded by statute, regulation, and policy and, therefore, can be removed from the Code of Federal Regulations CFR.
DATES: This rule is effective on July 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Jason M. Beck, 703 6971735 desk;
5713090478 mobile.
SUPPLEMENTARY INFORMATION: This final rule removes the DoD regulations at 32
CFR part 169, most recently updated on May 19, 1989 54 FR 21726, and 32
CFR part 169a, most recently updated on July 1, 1992 57 FR 29207, because they are obsolete. This action is predicated on reissued guidance and policy from the Office of Management and Budget OMB, cancellation of associated DoD policies, and the enactment of statute in title 10 of the United States Code U.S.C..
The content of 32 CFR part 169 was based on the DoD policy document, DoD
Instruction 4100.15, Commercial Activities Program, which was subsequently cancelled on July 10, 2013, because it was obsolete. The content of 32 CFR part 169a was based on the DoD policy document, DoD
Instruction 4100.33, Commercial Activities Program Procedures, which was also subsequently cancelled on March 4, 2011, because it was obsolete.
DoDs commercial activities program was based on a previous version of OMB
Circular A76, Performance of Commercial Activities, which was rescinded and replaced in May 2003
available at https
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/circulars/
A76/a76_incl_tech_correction.pdf.
In addition to the cancellation of the associated DoD Instructions for parts 169 and 169a that deem the rules obsolete, the subject matter aligned to these rules have substantially changed and been addressed in other areas. For example, 10 U.S.C. 2330a and 10 U.S.C.
2461 were enacted in 2008 and 1996, respectively; the Federal Activities Inventory Reform FAIR Act was enacted in 1998; the definitions and policy in the Federal Acquisition Regulation FAR Parts 2, 7.3, and 7.5, as well as the Defense Federal Acquisition Regulation Supplement DFARS 207.5 were changed to reflect the new rules in the FAIR Act and the 2003 version of OMB Circular A76;
and the Office of Federal Procurement Policy OFPP issued Policy Letter 11
01, Performance of Inherently Governmental and Critical Functions, in 2011 76 FR 56227. These laws, regulations, and Federal policies all substantially address the policy space
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covered by 32 CFR parts 169 and 169a.
The FAIR Act, for example, establishes in law the framework of inherently governmental and commercial activities functions, while 10 U.S.C. 2461
establishes the requirement for public/
private competitions before conversion to contractor performance competitions which are covered under OMB Circular A76. The FAR and DFARS regulations, as well as OFPP
Policy Letter 1101, go even farther than the FAIR Act and delineate additional categories of functions such as closely associated with inherently governmental and critical which are not mentioned in 32 CFR 169 and 169a.
Similarly, 10 U.S.C. 2330a establishes law for the collection of contract services data, another area related to the commercial activities discussed in 32
CFR 169 and 169a, but not covered by them.
Additionally, the OMB Circular A76
public-private competition process has been under a Congressional moratorium since 2008. If the moratorium were lifted, the rules would still be considered obsolete and unnecessary, and promulgating new rules would be unnecessary due to the inclusion of language in title 10 U.S.C., the FAR, DFARS, and elsewhere in executive agency policy, as previously noted.
These acts and policies address and cover the intent of parts 169 and 169a and, therefore, no longer make them applicable and worthy of staying active.
Furthermore, not only are parts 169 and 169a unnecessary, they are no longer current with the statutory, regulatory, and policy framework that governs the acquisition of services and functions in the Total Force Management policy space.
It has been determined that publication of these CFR part removals for public comment is impracticable, unnecessary, and contrary to public interest since they are based on the removal of obsolete information. These removals are not significant under Executive Order E.O. 12866, Regulatory Planning and Review.
List of Subjects in 32 CFR Parts 169 and 169a
Accordingly, the Department of Defense amends 32 CFR chapter I as follows:
PART 169REMOVED
1. Under the authority of 5 U.S.C. 301, 32 CFR part 169 is removed.

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PART 169aREMOVED
2. Under the authority of 5 U.S.C. 301, 32 CFR part 169a is removed.

Dated: July 13, 2021.
Kayyonne T. Marston, Alternate OSD Federal Register Liaison Officer, Department of Defense.
FR Doc. 202115163 Filed 71521; 8:45 am BILLING CODE 500106P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210470
RIN 1625AA00

Safety Zone; Upper Mississippi River, Mile Marker 579.7 Approximately 1,000
Feet Northwest of the Ulysses S. Grant Memorial Hwy., Dubuque, IA
Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Upper Mississippi River at mile marker 579.7
extending 500 feet from the left decending bank approximately 1,000
feet northwest of the Ulysses S. Grant Memorial Hwy. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.
DATES: This rule is effective on July 17, 2021, from 9 p.m. through 10:30 p.m.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0470 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
SUMMARY:

If you have questions on this rule, call or email Lieutenant Commander Stephanie Moore, Sector Upper Mississippi River Waterways Management Division, U.S.
Coast Guard; telephone 3142692560, email Stephanie.R.Moore@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

Armed forces, Government procurement.

37677

I. Table of Abbreviations CFR

E:FRFM16JYR1.SGM

Code of Federal Regulations
16JYR1