81 FR 17048 - Defense Federal Acquisition Regulation Supplement: Prohibition on Requiring the Use of Fire-resistant Rayon Fiber (DFARS Case 2016-D012)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range		17048-17049
FR Document		2016-06724

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete obsolete text requiring the use of fire-resistant rayon fiber.

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 17048-17049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06724]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211 and 225

[Docket DARS-2016-0003]
RIN 0750-AI85


Defense Federal Acquisition Regulation Supplement: Prohibition on 
Requiring the Use of Fire-resistant Rayon Fiber (DFARS Case 2016-D012)

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 delete obsolete text 
requiring the use of fire-resistant rayon fiber.

DATES: Effective March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, at 571-372-
6176.

SUPPLEMENTARY INFORMATION: 

I. Background

    DFARS 225.7016 prohibits requiring the use of fire-resistant rayon 
fiber in any solicitation issued before January 1, 2015. This 
prohibition was implemented in accordance with section 821 of the 
National Defense Authorization Act for Fiscal Year 2011. Since the 
effective period imposed by the statute has passed, the DFARS text is 
now obsolete. Therefore, this final rule removes DFARS 225.7016 and the 
cross reference at 211.170.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of proposed regulations.'' Paragraph (a)(1) of the statute requires 
that a procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because it merely removes obsolete text from the DFARS and affects only 
the internal operating procedures of the Government. As such, the 
change has no significant cost or administrative impact on contractors 
or offerors.

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

    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 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

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).

[[Page 17049]]

List of Subjects in 48 CFR Parts 211 and 225

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211 and 225 are amended as follows:

0
1. The authority citation for 48 CFR parts 211 and 225 continues to 
read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 211--DESCRIBING AGENCY NEEDS


211.170  [Removed]

0
2. Remove section 211.170.

PART 225--FOREIGN ACQUISITION


225.7016  [Removed]

0
3. Remove section 225.7016.
[FR Doc. 2016-06724 Filed 3-24-16; 8:45 am]
 BILLING CODE 5001-06-P

17048 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations

This rule is necessary to ensure that The revision and addition read as Regulation (FAR) is 41 U.S.C. 1707
contracting officers do not mistakenly follows: entitled ‘‘Publication of proposed
omit the clause at DFARS 252.225– regulations.’’ Paragraph (a)(1) of the
225.1101 Acquisition of supplies.
7001, Buy American and Balance of statute requires that a procurement
Payments Program, when it is * * * * * policy, regulation, procedure or form
appropriate for inclusion in a (2)(i) * * *
(C) The acquisition is for supplies for (including an amendment or
solicitation and contract. The objective modification thereof) must be published
of the rule is to clarify the prescription use within the United States and an
exception to the Buy American statute for public comment if it relates to the
for use of DFARS clause 252.225–7001 expenditure of appropriated funds, and
to state that the clause does not apply applies, e.g., nonavailability or public
interest (see FAR 25.103 and 225.103); has either a significant effect beyond the
when the acquisition is for supplies for internal operating procedures of the
(D) The acquisition is for supplies for
use either within the United States and agency issuing the policy, regulation,
use outside the United States and an
an exception to the Buy American
exception to the Balance of Payments procedure or form, or has a significant
statute applies, or outside the United
Program applies (see 225.7501); cost or administrative impact on
States and an exception to the Balance
of Payments Program applies. * * * * * contractors or offerors. This final rule is
There were no significant issues [FR Doc. 2016–06723 Filed 3–24–16; 8:45 am] not required to be published for public
raised by the public in response to the BILLING CODE 5001–06–P comment, because it merely removes
initial regulatory flexibility analysis. obsolete text from the DFARS and
This rule will apply to small entities affects only the internal operating
that are awarded contracts that contain DEPARTMENT OF DEFENSE procedures of the Government. As such,
DFARS clause 252.225–7001; however, the change has no significant cost or
Defense Acquisition Regulations
there is no impact on these small System administrative impact on contractors or
entities because the rule merely clarifies offerors.
the clause prescription to correctly 48 CFR Parts 211 and 225
address applicability when an exception III. Executive Orders 12866 and 13563
to the Buy American statute or Balance [Docket DARS–2016–0003]
Executive Orders (E.O.s) 12866 and
of Payments Program applies. RIN 0750–AI85 13563 direct agencies to assess all costs
The rule does not impose any and benefits of available regulatory
additional reporting, recordkeeping, or Defense Federal Acquisition alternatives and, if regulation is
other compliance requirements. Regulation Supplement: Prohibition on necessary, to select regulatory
No alternatives were identified that Requiring the Use of Fire-resistant
will accomplish the objectives of the approaches that maximize net benefits
Rayon Fiber (DFARS Case 2016–D012)
rule. (including potential economic,
AGENCY: Defense Acquisition environmental, public health and safety
IV. Paperwork Reduction Act Regulations System, Department of effects, distributive impacts, and
The rule does not contain any Defense (DoD). equity). E.O. 13563 emphasizes the
information collection requirements that ACTION: Final rule. importance of quantifying both costs
require the approval of the Office of and benefits, of reducing costs, of
SUMMARY: DoD is issuing a final rule
Management and Budget under the harmonizing rules, and of promoting
amending the Defense Federal
Paperwork Reduction Act (44 U.S.C. flexibility. This is not a significant
Acquisition Regulation Supplement
chapter 35). regulatory action and, therefore, was not
(DFARS) to delete obsolete text
List of Subjects in 48 CFR Part 225 requiring the use of fire-resistant rayon subject to review under section 6(b) of
fiber. E.O. 12866, Regulatory Planning and
Government procurement. Review, dated September 30, 1993. This
DATES: Effective March 25, 2016.
Jennifer L. Hawes, rule is not a major rule under 5 U.S.C.
FOR FURTHER INFORMATION CONTACT: Mr.
Editor, Defense Acquisition Regulations 804.
Christopher Stiller, at 571–372–6176.
System.
SUPPLEMENTARY INFORMATION: IV. Regulatory Flexibility Act
Therefore, 48 CFR part 225 is
amended as follows: I. Background The Regulatory Flexibility Act does
DFARS 225.7016 prohibits requiring not apply to this rule because this final
PART 225—FOREIGN ACQUISITION the use of fire-resistant rayon fiber in rule does not constitute a significant
any solicitation issued before January 1, DFARS revision within the meaning of
■ 1. The authority citation for part 225 2015. This prohibition was FAR 1.501–1, and 41 U.S.C. 1707 does
continues to read as follows: implemented in accordance with not require publication for public
Authority: 41 U.S.C. 1303 and 48 CFR section 821 of the National Defense comment.
chapter 1. Authorization Act for Fiscal Year 2011.
Since the effective period imposed by V. Paperwork Reduction Act
225.1100 [Amended]
the statute has passed, the DFARS text The rule does not contain any
■ 2. In section 225.1100, remove is now obsolete. Therefore, this final
‘‘Subparts’’ in two places and add information collection requirements that
rule removes DFARS 225.7016 and the
srobinson on DSK5SPTVN1PROD with RULES3

‘‘subparts’’ in their place. require the approval of the Office of
cross reference at 211.170.
■ 3. Amend section 225.1101 by—
Management and Budget under the
■ a. Revising paragraph (2)(i)(C);
II. Publication of This Final Rule for Paperwork Reduction Act (44 U.S.C.
■ b. Redesignating paragraphs (2)(i)(D)
Public Comment Is Not Required by chapter 35).
and (E) as paragraphs (2)(i)(E) and (F); Statute
and The statute that applies to the
■ c. Adding a new paragraph (2)(i)(D). publication of the Federal Acquisition

VerDate Sep<11>2014 19:36 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\25MRR3.SGM 25MRR3

$Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations 17049 List of Subjects in 48 CFR Parts 211 and ■ 1. The authority citation for 48 CFR PART 225—FOREIGN ACQUISITION 225 parts 211 and 225 continues to read as follows: 225.7016 [Removed] Government procurement. ■ 3. Remove section 225.7016. Authority: 41 U.S.C. 1303 and 48 CFR Jennifer L. Hawes, chapter 1. [FR Doc. 2016–06724 Filed 3–24–16; 8:45 am] BILLING CODE 5001–06–P Editor, Defense Acquisition Regulations PART 211—DESCRIBING AGENCY System. NEEDS Therefore, 48 CFR parts 211 and 225 211.170 [Removed] are amended as follows: ■ 2. Remove section 211.170. srobinson on DSK5SPTVN1PROD with RULES3 VerDate Sep<11>2014 19:36 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4701 Sfmt 9990 E:\FR\FM\25MRR3.SGM 25MRR3$

Document Created: 2018-02-02 15:17:31
Document Modified: 2018-02-02 15:17:31

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 March 25, 2016.
Contact		Mr. Christopher Stiller, at 571-372- 6176.
FR Citation		81 FR 17048
RIN Number		0750-AI85
CFR Citation		48 CFR 211 48 CFR 225

81 FR 17048 - Defense Federal Acquisition Regulation Supplement: Prohibition on Requiring the Use of Fire-resistant Rayon Fiber (DFARS Case 2016-D012)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 81, Issue 58 (March 25, 2016)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System