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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations 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 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
V. Congressional Review Act As required by the Congressional Review Act 5 U.S.C. 801808 before an interim or final rule takes effect, DoD
will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.5011, and 41 U.S.C. 1707 does not require publication for public comment.
VII. Paperwork Reduction Act The 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 Parts 201 and 237
Government procurement.
Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 201 and 237
are amended as follows:
1. The authority citation for 48 CFR
parts 201 and 237 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.

lotter on DSK11XQN23PROD with RULES1

PART 201FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Revise section 201.170 to read as follows:

201.170

Peer reviews.

a DPC peer reviews. 1 The Office of the Principal Director, Defense Pricing
VerDate Sep<11>2014

15:56 Nov 29, 2021

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and Contracting DPC, using the procedures at PGI 201.170, will organize teams of reviewers and facilitate peer reviews for solicitations and contracts as follows:
i DPC will conduct the preaward peer reviews for competitive procurements prior to the three phases of the acquisition see PGI 201.1702a for all procurements with an estimated value of $1 billion or more under major defense acquisition programs for which the Under Secretary of Defense for Acquisition and Sustainment USDA&S is the milestone decision authority or USDA&S designates as requiring a peer review regardless of value. DoD components may request DPC-led peer reviews for acquisitions valued below the $1 billion threshold.
DPC will conduct these reviews upon approval by the Director, Defense Pricing and Contracting Contract Policy.
ii DPC will conduct the preaward peer reviews for noncompetitive procurements prior to the two phases of the acquisition see PGI 201.1702b for contract actions, e.g., new contracts, modifications to existing contracts, requests for equitable adjustment, claims valued at $1 billion or more, or for any other contract action USDA&S
designates as requiring a peer review regardless of value. DoD components may request DPC-led peer reviews for contract actions valued below the $1
billion threshold. DPC will conduct these reviews upon approval by the Director, Defense Pricing and Contracting Price, Cost and Finance.
iii Use the following criteria to identify actions that are subject to peer review see also FAR 1.108c, Dollar thresholds:
A If the not-to-exceed amount for an undefinitized contract action or an unpriced change order exceeds the peer review threshold, then the resultant definitization modifications will be subject to peer review regardless of actual performance up to the point of definitization.
B For indefinite delivery indefinite quantity IDIQ contracts that will establish pricing terms that apply to orders, use the total maximum dollar value for purposes of the peer review threshold. IDIQ contracts that will not establish pricing terms in the basic contract are not subject to peer review, but individual orders that exceed the threshold are subject to peer review.
C For noncompetitive contract actions, use the greater of the following when considering the firm requirement for all supplies or services:
1 The approved Government objective amount.

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2 The contractor proposed amount.
2 To facilitate planning for peer reviews, the military departments and defense agencies shall provide a rolling annual forecast of acquisitions that will be subject to DPC peer reviews at the end of each quarter i.e., March 31; June 30; September 30; December 31.
i Military departments and defense agencies shall submit quarterly forecasts for competitive peer reviews to the Director, Defense Pricing and Contracting Contract Policy, at osd.pentagon.ousd-a-s.mbx.dpc-cp@
mail.mil.
ii Military departments and defense agencies shall submit quarterly forecasts for noncompetitive peer reviews to the Director, Defense Pricing and Contracting Price, Cost and Finance, at osd.pentagon.ousd-a-s.mbx.dpc-pcf@
mail.mil.
b Component peer reviews. The military departments and defense agencies shall establish procedures for 1 Preaward peer reviews of solicitations for competitive procurements not subject to paragraph a1i of this section; and 2 Preaward peer reviews of noncompetitive procurements not subject to paragraph a1ii of this section.
PART 237SERVICE CONTRACTING
237.10276

Removed and Reserved
3. Remove and reserve section 237.10276.

FR Doc. 202125733 Filed 112921; 8:45 am BILLING CODE 500106P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 2103250071; RTID 0648
XB612

Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021
Closure of the Atlantic Herring Fishery National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; fishery closure.
AGENCY:

NMFS is closing the Atlantic herring fishery and implementing a 2,000-lb 907.2-kg possession limit for herring in all Herring Management Areas. This is required because NMFS
projects that herring catch will reach 95
percent of the annual catch limit before
SUMMARY:

E:FRFM30NOR1.SGM

30NOR1