80 FR 10391 - Defense Federal Acquisition Regulation Supplement: Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 38 (February 26, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 38 (February 26, 2015)
| Page Range | 10391-10392 | |
| FR Document | 2015-03855 |
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)] [Rules and Regulations] [Pages 10391-10392] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03855] [[Page 10391]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 225 RIN 0750-AI36 Defense Federal Acquisition Regulation Supplement: Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the statutory domestic source restrictions on acquisition of certain naval vessel components. DATES: Effective February 26, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571- 372-6106. SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 79 FR 56333 on September 19, 2014, to implement the domestic source restrictions in 10 U.S.C. 2534 on gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion and machinery control systems, and totally enclosed lifeboats, to the extent they are unique to marine applications. One respondent submitted a public comment in response to the proposed rule. II. Discussion and Analysis DoD reviewed the public comment in the development of the final rule. A discussion of the comment is provided, as follows: A. Significant Changes From the Proposed Rule There is no change from the proposed rule to the final rule. B. Analysis of Public Comment Comment: The respondent stated that the rule should require manufacture of the naval vessel components in the United States. Response: In accordance with 10 U.S.C. 2534, the rule requires manufacture of the naval vessel components in the United States or Canada. 10 U.S.C. 2534(b) requires the manufacturer of the items to be a part of the national technology and industrial base. The term ``national technology and industrial base'' is defined at 10 U.S.C. 2500 to mean ``the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States and Canada.'' Therefore, it is necessary to allow manufacture in Canada, as well as the United States. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety 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 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act DoD certifies that this final rule will not 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 this law has been implemented in the Defense Logistics Agency and Department of Navy regulations for many years, and moving the regulations to the DFARS will have no impact on the public. V. 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 Part 225 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 225 is amended as follows: PART 225--FOREIGN ACQUISITION 0 1. The authority citation for 48 CFR part 225 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 0 2. Amend section 225.7008 by revising paragraph (b) to read as follows: 225.7008 Waiver of restrictions of 10 U.S.C. 2534. * * * * * (b) In accordance with the provisions of paragraphs (a)(1)(i) through (iii) of this section, the USD(AT&L) has waived the restrictions of 10 U.S.C. 2534(a) for certain items manufactured in the United Kingdom, including air circuit breakers for naval vessels (see 225.7006) and the naval vessel components listed at 225.7010-1. 0 3. Add sections 225.7010, 225.7010-1, 225.7010-2, 225.7010-3, and 225.7010-4 to read as follows: 225.7010 Restriction on certain naval vessel components. 225.7010-1 Restriction. In accordance with 10 U.S.C. 2534, do not acquire the following components of naval vessels, to the extent they are unique to marine applications, unless manufactured in the United States or Canada: (a) Gyrocompasses. (b) Electronic navigation chart systems. (c) Steering controls. (d) Pumps. (e) Propulsion and machinery control systems. (f) Totally enclosed lifeboats. 225.7010-2 Exceptions. This restriction does not apply to-- (a) Contracts or subcontracts that do not exceed the simplified acquisition threshold; or (b) Acquisition of spare or repair parts needed to support components for naval vessels manufactured outside the United States. Support includes the purchase of spare gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion and machinery control systems, or totally enclosed lifeboats, when those from alternate sources are not interchangeable. 225.7010-3 Waiver. (a) The waiver criteria at 225.7008(a) apply to this restriction. (b) The Under Secretary of Defense (Acquisition, Technology, and Logistics) has waived the restriction of 10 U.S.C. 2534 for certain items manufactured in the United Kingdom, including the items listed in section 225.7010-1. See 225.7008. [[Page 10392]] 225.7010-4 Implementation. (a) 10 U.S.C. 2534(h) prohibits the use of contract clauses or certifications to implement this restriction. (b) Agencies shall accomplish implementation of this restriction through use of management and oversight techniques that achieve the objectives of this section without imposing a significant management burden on the Government or the contractor involved. [FR Doc. 2015-03855 Filed 2-25-15; 8:45 am] BILLING CODE 5001-06-P
![10392 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
225.7010–4 Implementation. into two 6-month time periods, January procedures are unnecessary, because the
(a) 10 U.S.C. 2534(h) prohibits the use through June and July through rule establishing the trip limit has
of contract clauses or certifications to December. For the January 1 through already been subject to notice and
implement this restriction. June 30, 2015, fishing season, the comment, and all that remains is to
(b) Agencies shall accomplish commercial quota is 394,829 lb (179,091 notify the public of the trip limit
implementation of this restriction kg), gutted weight (438,260 lb (198,791 reduction. They are contrary to the
through use of management and kg), round weight), as specified in 50 public interest, because there is a need
oversight techniques that achieve the CFR 622.190(a)(4)(i)(C). to immediately implement this action to
objectives of this section without Under 50 CFR 622.191(a)(6)(ii), NMFS protect the vermilion snapper resource
imposing a significant management is required to reduce the commercial since the capacity of the fishing fleet
burden on the Government or the trip limit for vermilion snapper from allows for rapid harvest of the quota.
contractor involved. 1,000 lb (454 kg), gutted weight (1,110 Prior notice and opportunity for public
lb (503 kg), round weight), to 500 lb comment on this action would require
[FR Doc. 2015–03855 Filed 2–25–15; 8:45 am]
(227 kg), gutted weight (555 lb (252 kg), time and would increase the probability
BILLING CODE 5001–06–P
round weight), when 75 percent of the that the commercial sector could exceed
fishing season quota is reached or the quota.
projected to be reached, by filing a For the aforementioned reasons, the
DEPARTMENT OF COMMERCE notification to that effect with the Office AA also finds good cause to waive the
of the Federal Register, as implemented 30-day delay in the effectiveness of this
National Oceanic and Atmospheric by the final rule for Regulatory
Administration action under 5 U.S.C. 553(d)(3).
Amendment 18 (78 FR 47574, August 6,
Authority: 16 U.S.C. 1801 et seq.
2013). Based on current information,
50 CFR Part 622 NMFS has determined that 75 percent of Dated: February 23, 2015.
[Docket No. 130312235–3658–02] the available commercial quota for the Emily H. Menashes,
January 1 through June 30, 2015, fishing Acting Director, Office of Sustainable
RIN 0648–XD733 Fisheries, National Marine Fisheries Service.
season for vermilion snapper will be
Fisheries of the Caribbean, Gulf of reached by March 2, 2015. Accordingly, [FR Doc. 2015–04024 Filed 2–23–15; 4:15 pm]
Mexico, and South Atlantic; Snapper- NMFS is reducing the commercial trip BILLING CODE 3510–22–P
Grouper Resources of the South limit for vermilion snapper to 500 lb
Atlantic; Trip Limit Reduction (227 kg), gutted weight (555 lb (252 kg),
round weight), in or from the South DEPARTMENT OF COMMERCE
AGENCY: National Marine Fisheries Atlantic EEZ at 12:01 a.m., local time,
Service (NMFS), National Oceanic and on March 2, 2015. This 500-lb (227-kg), National Oceanic and Atmospheric
Atmospheric Administration (NOAA), gutted weight, trip limit will remain in Administration
Commerce. effect until July 1, 2015, or until the
quota is reached and the commercial 50 CFR Part 660
ACTION: Temporary rule; trip limit
reduction. sector closes, whichever occurs first. [Docket No. 140528460–5122–02]
Classification RIN 0648–BE25
SUMMARY: NMFS reduces the
commercial trip limit for vermilion The Regional Administrator,
Fisheries Off West Coast States;
snapper in or from the exclusive Southeast Region, NMFS, has
Highly Migratory Fisheries; California
economic zone (EEZ) of the South determined this temporary rule is
Swordfish Drift Gillnet Fishery; Vessel
Atlantic to 500 lb (227 kg), gutted necessary for the conservation and
Monitoring System and Pre-Trip
weight. This trip limit reduction is management of South Atlantic
Notification Requirements
necessary to protect the South Atlantic vermilion snapper and is consistent
vermilion snapper resource. with the Magnuson-Stevens Act and AGENCY: National Marine Fisheries
DATES: This rule is effective 12:01 a.m., other applicable laws. Service (NMFS), National Oceanic and
local time, March 2, 2015, until 12:01 This action is taken under 50 CFR Atmospheric Administration (NOAA),
a.m., local time, July 1, 2015. 622.191(a)(6)(ii) and is exempt from Commerce.
review under Executive Order 12866. ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT: These measures are exempt from the
Britni LaVine, NMFS Southeast procedures of the Regulatory Flexibility SUMMARY: NMFS is issuing regulations
Regional Office, telephone: 727–824– Act because the temporary rule is issued that require use of a NMFS-approved
5305, email: britni.lavine@noaa.gov. without opportunity for prior notice and vessel monitoring system (VMS) and
SUPPLEMENTARY INFORMATION: The comment. institute a pre-trip notification
snapper-grouper fishery includes This action responds to the best requirement for West Coast large-mesh
vermilion snapper in the South Atlantic scientific information available. The swordfish drift gillnet (DGN) vessel
and is managed under the Fishery Assistant Administrator for Fisheries, owners and operators. The DGN fishery
Management Plan for the Snapper- NOAA (AA), finds that the need to operates under the authority of the
Grouper Fishery of the South Atlantic immediately implement this Federal Fishery Management Plan for
Region (FMP). The South Atlantic commercial trip limit reduction U.S. West Coast Fisheries for Highly
Fishery Management Council prepared constitutes good cause to waive the Migratory Species (HMS FMP).
the FMP and is implemented by NMFS requirements to provide prior notice Installing and operating VMS on vessels
rmajette on DSK2VPTVN1PROD with RULES
under the authority of the Magnuson- and opportunity for public comment in this fishery will provide NMFS and
Stevens Fishery Conservation and pursuant to the authority set forth in 5 law enforcement personnel with the
Management Act (Magnuson-Stevens U.S.C. 553(b)(B), because prior notice ability to monitor the DGN fishery for
Act) by regulations at 50 CFR part 622. and opportunity for public comment on compliance with conservation
The commercial quota for vermilion this temporary rule is unnecessary and measures, efficiently deploy agents to
snapper in the South Atlantic is divided contrary to the public interest. Such inspect vessels, and provide the ability
VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\26FER1.SGM 26FER1](https://thefederalregister.org/doc/80_FR_10429/page/2.svg)
Document Created: 2015-12-18 13:05:22
Document Modified: 2015-12-18 13:05:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective February 26, 2015. | |
| Contact | Ms. Amy G. Williams, telephone 571- 372-6106. | |
| FR Citation | 80 FR 10391 | |
| RIN Number | 0750-AI36 |
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