80 FR 72673 - Defense Federal Acquisition Regulation Supplement: Duty-Free Entry Threshold (DFARS Case 2015-D036)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 224 (November 20, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 224 (November 20, 2015)
| Page Range | 72673-72674 | |
| FR Document | 2015-29557 |
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)] [Proposed Rules] [Pages 72673-72674] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29557] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 [Docket DARS-2015-0052] RIN 0750-AI76 Defense Federal Acquisition Regulation Supplement: Duty-Free Entry Threshold (DFARS Case 2015-D036) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update the threshold for duty-free entry on foreign supplies that are not qualifying country supplies or eligible foreign supplies. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to DFARS Case 2015-D036 by any of the following methods: [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``DFARS Case 2015-D036'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 2015-D036.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``DFARS Case 2015-D036'' on your attached document. [cir] Email: [email protected]. Include DFARS Case 2015-D036 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Kyoung Lee, OUSD(AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone: 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to revise DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225-7013, Duty-Free Entry, by increasing the duty- free entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300. The current threshold was established on April 30, 2003 based on the estimated cost to process a duty-free entry certificate at the time. This proposed rule makes an upward adjustment of the $200 threshold to $300 based on the U.S. Consumer Price Index (CPI) located at http://www.bls.gov/CPI/. II. 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 [[Page 72674]] 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. III. Regulatory Flexibility Act DoD does not expect 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 this rule only makes an upward adjustment of an administrative threshold. However, an initial regulatory flexibility analysis has been prepared consistent with 5 U.S.C. 603 and is summarized as follows: The objective of this rule is to revise DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225-7013, Duty-Free Entry, by increasing the duty-free entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300. The current threshold, established in 2003, was based on the estimated cost to process a duty-free entry certificate at the time. This rule proposes to make the upward adjustment to reflect annual inflation rates (based on the U.S. Consumer Price Index) that have occurred in the last 12 years. Current data indicates, on average, approximately 31,500 duty-free entry certificates on foreign supplies for DoD per year. DoD does not expect a change in the estimated duty-free entry processes. As such, small entities will not be materially affected by this rule. This rule does not impose any additional reporting, recordkeeping, and other compliance requirements. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. The impact of this rule on small business is not expected to be significant. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2015- D036), in correspondence. VI. Paperwork Reduction Act The rule affects the information collection requirements in the clause at DFARS 252.225-7013, currently approved under OMB Control Number 0704-0229, titled Foreign Acquisition, in accordance with the Paperwork Reduction Act (44.U.S.C. chapter 35). The impact, however, is negligible, because this rule only makes an upward adjustment of the duty-free entry threshold from the $200 to $300. List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are proposed to be amended as follows: 0 1. The authority citation for parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 225--FOREIGN ACQUISITION 225.901 [Amended] 0 2. In section 225.901, amend paragraph (3) by removing ``$200'' and adding ``$300'' in its place. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225-7013 [Amended] 0 3. Amend section 252.225-7013 by-- 0 a. Removing the clause date ``(NOV 2014)'' and adding ``(DATE)'' in its place; and 0 b. Amending paragraph (b)(3) by removing ``$200'' and adding ``$300'' in its place. [FR Doc. 2015-29557 Filed 11-19-15; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72673
been performed and is summarized as PART 225—FOREIGN ACQUISITION ADDRESSES: Submit comments in
follows: response to DFARS Case 2015–D036 by
The objective of this proposed rule is ■ 1. The authority citation for part 225 any of the following methods:
to clarify the prescription for use of continues to read as follows: Æ Regulations.gov: http://
DFARS clause 252.225–7001, Buy Authority: 41 U.S.C. 1303 and 48 CFR www.regulations.gov. Submit comments
American and Balance of Payments chapter 1. via the Federal eRulemaking portal by
Program, to state that the clause does entering ‘‘DFARS Case 2015–D036’’
225.1100 [Amended] under the heading ‘‘Enter keyword or
not apply when (1) the acquisition is for
supplies for use within the United ■ 2. Remove ‘‘Subparts’’ in two places ID’’ and selecting ‘‘Search.’’ Select the
States and an exception to the Buy and add ‘‘subparts’’ in their place. link ‘‘Submit a Comment’’ that
American statute applies, or (2) the ■ 3. Amend section 225.1101 by— corresponds with ‘‘DFARS Case 2015–
acquisition is for supplies for use ■ a. Revising paragraph (2)(i)(C); D036.’’ Follow the instructions provided
outside the United States and an ■ b. Redesignating paragraphs (2)(i)(D) at the ‘‘Submit a Comment’’ screen.
exception to the Balance of Payments and (E) as paragraphs (2)(i)(E) and (F); Please include your name, company
Program applies. and name (if any), and ‘‘DFARS Case 2015–
■ c. Adding a new paragraph (2)(i)(D). D036’’ on your attached document.
DoD does not expect this proposed
The revision and addition read as Æ Email: osd.dfars@mail.mil. Include
rule to have a significant impact on
follows: DFARS Case 2015–D036 in the subject
small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, line of the message.
225.1101 Acquisition of supplies.
et seq., because it merely clarifies how Æ Fax: 571–372–6094.
* * * * * Æ Mail: Defense Acquisition
the clause prescription addresses (2)(i) * * *
applicability when an exception to the Regulations System, Attn: Ms. Kyoung
(C) The acquisition is for supplies for Lee, OUSD(AT&L) DPAP/DARS, Room
Buy American statute or Balance of use within the United States and an
Payments Program applies. 3B941, 3060 Defense Pentagon,
exception to the Buy American statute Washington, DC 20301–3060.
This proposed rule does not add any applies, e.g., nonavailability or public Comments received generally will be
new reporting, recordkeeping, and other interest (see FAR 25.103 and 225.103); posted without change to http://
compliance requirements. The rule does or www.regulations.gov, including any
not duplicate, overlap, or conflict with (D) The acquisition is for supplies for personal information provided. To
any other Federal rules. There are no use outside the United States and an confirm receipt of your comment(s),
known significant alternatives to the exception to the Balance of Payments please check www.regulations.gov,
rule. Program applies (see 225.7501); approximately two to three days after
DoD invites comments from small * * * * * submission to verify posting (except
business concerns and other interested [FR Doc. 2015–29558 Filed 11–19–15; 8:45 am] allow 30 days for posting of comments
parties on the expected impact of this BILLING CODE 5001–06–P submitted by mail).
rule on small entities. FOR FURTHER INFORMATION CONTACT: Ms.
DoD will also consider comments Kyoung Lee, telephone: 571–372–6093.
from small entities concerning the DEPARTMENT OF DEFENSE
SUPPLEMENTARY INFORMATION:
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C. Defense Acquisition Regulations I. Background
610. Interested parties must submit such System
DoD is proposing to revise DFARS
comments separately and should cite 5 225.9, Customs and Duties, and the
U.S.C. 610 (DFARS Case 2015–D037), in 48 CFR Parts 225 and 252
clause at DFARS 252.225–7013, Duty-
correspondence. [Docket DARS–2015–0052] Free Entry, by increasing the duty-free
V. Paperwork Reduction Act RIN 0750–AI76 entry threshold on nonqualifying
country supplies and ineligible foreign
The rule contains information Defense Federal Acquisition supplies from $200 to $300. The current
collection requirements that require the Regulation Supplement: Duty-Free threshold was established on April 30,
approval of the Office of Management Entry Threshold (DFARS Case 2015– 2003 based on the estimated cost to
and Budget under the Paperwork D036) process a duty-free entry certificate at
Reduction Act (44 U.S.C. chapter 35); the time. This proposed rule makes an
however, these changes to the DFARS AGENCY: Defense Acquisition upward adjustment of the $200
do not impose additional information Regulations System, Department of threshold to $300 based on the U.S.
collection requirements to the Defense (DoD). Consumer Price Index (CPI) located at
paperwork burden previously approved ACTION: Proposed rule. http://www.bls.gov/CPI/.
under OMB Control Number 0704–0229,
entitled Defense Federal Acquisition SUMMARY: DoD is proposing to amend II. Executive Orders 12866 and 13563
Regulation Supplement Part 225, the Defense Federal Acquisition Executive Orders (E.O.s) 12866 and
Foreign Acquisition and related clauses. Regulation Supplement (DFARS) to 13563 direct agencies to assess all costs
update the threshold for duty-free entry and benefits of available regulatory
mstockstill on DSK4VPTVN1PROD with PROPOSALS
List of Subjects in 48 CFR Part 225
on foreign supplies that are not alternatives and, if regulation is
Government procurement. qualifying country supplies or eligible necessary, to select regulatory
foreign supplies. approaches that maximize net benefits
Jennifer L. Hawes,
DATES: Comments on the proposed rule (including potential economic,
Editor, Defense Acquisition Regulations
System.
should be submitted in writing to the environmental, public health and safety
address shown below on or before effects, distributive impacts, and
Therefore, 48 CFR part 225 is January 19, 2016, to be considered in equity). E.O. 13563 emphasizes the
proposed to be amended as follows: the formation of the final rule. importance of quantifying both costs
VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\20NOP1.SGM 20NOP1](https://thefederalregister.org/doc/80_FR_72897/page/1.svg)
![72674 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
and benefits, of reducing costs, of DFARS 252.225–7013, currently DATES: Comments on the proposed rule
harmonizing rules, and of promoting approved under OMB Control Number should be submitted in writing to the
flexibility. This is not a significant 0704–0229, titled Foreign Acquisition, address shown below on or before
regulatory action and, therefore, was not in accordance with the Paperwork January 19, 2016, to be considered in
subject to review under section 6(b) of Reduction Act (44.U.S.C. chapter 35). the formation of a final rule.
E.O. 12866, Regulatory Planning and The impact, however, is negligible, ADDRESSES: Submit comments
Review, dated September 30, 1993. This because this rule only makes an upward identified by DFARS Case 2015–D023,
rule is not a major rule under 5 U.S.C. adjustment of the duty-free entry using any of the following methods:
804. threshold from the $200 to $300. Æ Regulations.gov: http://
III. Regulatory Flexibility Act List of Subjects in 48 CFR Parts 225 and www.regulations.gov. Submit comments
252 via the Federal eRulemaking portal by
DoD does not expect this rule to have entering ‘‘DFARS Case 2015–D023’’
a significant economic impact on a Government procurement. under the heading ‘‘Enter keyword or
substantial number of small entities ID’’ and selecting ‘‘Search.’’ Select the
within the meaning of the Regulatory Jennifer L. Hawes,
Editor, Defense Acquisition Regulations link ‘‘Submit a Comment’’ that
Flexibility Act, 5 U.S.C. 601, et seq., corresponds with ‘‘DFARS Case 2015–
because this rule only makes an upward System.
D023.’’ Follow the instructions provided
adjustment of an administrative Therefore, 48 CFR parts 225 and 252 at the ‘‘Submit a Comment’’ screen.
threshold. However, an initial are proposed to be amended as follows: Please include your name, company
regulatory flexibility analysis has been ■ 1. The authority citation for parts 225 name (if any), and ‘‘DARS Case 2015–
prepared consistent with 5 U.S.C. 603 and 252 continues to read as follows: D023 on your attached document.
and is summarized as follows: Æ Email: osd.dfars@mail.mil. Include
Authority: 41 U.S.C. 1303 and 48 CFR
The objective of this rule is to revise chapter 1. DFARS Case 2015–D023 in the subject
DFARS 225.9, Customs and Duties, and
line of the message.
the clause at DFARS 252.225–7013, PART 225—FOREIGN ACQUISITION Æ Fax: 571–372–6094.
Duty-Free Entry, by increasing the duty-
225.901 [Amended] Æ Mail: Defense Acquisition
free entry threshold on nonqualifying
Regulations System, Attn: Ms. Kyoung
country supplies and ineligible foreign ■ 2. In section 225.901, amend
Lee, OUSD(AT&L) DPAP/DARS, Room
supplies from $200 to $300. The current paragraph (3) by removing ‘‘$200’’ and
3B941, 3060 Defense Pentagon,
threshold, established in 2003, was adding ‘‘$300’’ in its place.
Washington, DC 20301–3060.
based on the estimated cost to process Comments received generally will be
a duty-free entry certificate at the time. PART 252—SOLICITATION
PROVISIONS AND CONTRACT posted without change to http://
This rule proposes to make the upward www.regulations.gov, including any
adjustment to reflect annual inflation CLAUSES
personal information provided. To
rates (based on the U.S. Consumer Price 252.225–7013 [Amended] confirm receipt of your comment(s),
Index) that have occurred in the last 12 please check www.regulations.gov,
years. ■ 3. Amend section 252.225–7013 by—
■ a. Removing the clause date ‘‘(NOV approximately two to three days after
Current data indicates, on average,
2014)’’ and adding ‘‘(DATE)’’ in its submission to verify posting (except
approximately 31,500 duty-free entry
place; and allow 30 days for posting of comments
certificates on foreign supplies for DoD
■ b. Amending paragraph (b)(3) by submitted by mail).
per year. DoD does not expect a change
in the estimated duty-free entry removing ‘‘$200’’ and adding ‘‘$300’’ in FOR FURTHER INFORMATION CONTACT: Ms.
processes. As such, small entities will its place. Kyoung Lee, telephone 571–372–6093.
not be materially affected by this rule. [FR Doc. 2015–29557 Filed 11–19–15; 8:45 am] SUPPLEMENTARY INFORMATION:
This rule does not impose any BILLING CODE 5001–06–P
I. Background
additional reporting, recordkeeping, and
other compliance requirements. This DoD is proposing to amend DFARS
rule does not duplicate, overlap, or DEPARTMENT OF DEFENSE 239.7401 to add a definition of ‘‘long-
conflict with any other Federal rules. haul telecommunications.’’ The rule
There are no known significant Defense Acquisition Regulations also amends DFARS 239.7402 to
alternatives to the rule. The impact of System provide a pointer to internal
this rule on small business is not Government procedures in DFARS
expected to be significant. 48 CFR Part 239 Procedures, Guidance, and Information
DoD invites comments from small [Docket DARS–2015–0046] (PGI) to identify the Defense
business concerns and other interested Information Systems Agency as the sole
RIN 0750–AI72 procurement activity for long-haul
parties on the expected impact of this
rule on small entities. DoD will also Defense Federal Acquisition telecommunications requirements as
consider comments from small entities Regulation Supplement; Long-Haul addressed in DoD Directive 5105.19,
concerning the existing regulations in Telecommunications (DFARS Case Defense Information Systems Agency.
subparts affected by this rule in 2015–D023) II. Executive Orders 12866 and 13563
mstockstill on DSK4VPTVN1PROD with PROPOSALS
accordance with 5 U.S.C. 610. Interested
parties must submit such comments AGENCY: Department of Defense (DoD). Executive Orders (E.O.s) 12866 and
separately and should cite 5 U.S.C. 610 ACTION: Proposed rule. 13563 direct agencies to assess all costs
(DFARS Case 2015–D036), in and benefits of available regulatory
correspondence. SUMMARY: DoD is proposing to amend alternatives and, if regulation is
the Defense Federal Acquisition necessary, to select regulatory
VI. Paperwork Reduction Act Regulation Supplement (DFARS) to add approaches that maximize net benefits
The rule affects the information a definition of ‘‘long-haul (including potential economic,
collection requirements in the clause at telecommunications.’’ environmental, public health and safety
VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\20NOP1.SGM 20NOP1](https://thefederalregister.org/doc/80_FR_72897/page/2.svg)
Document Created: 2015-12-14 13:59:07
Document Modified: 2015-12-14 13:59:07
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Kyoung Lee, telephone: 571-372- 6093. | |
| FR Citation | 80 FR 72673 | |
| RIN Number | 0750-AI76 | |
| CFR Citation | 48
CFR
225 48 CFR 252 |
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