81_FR_50798 81 FR 50650 - Defense Federal Acquisition Regulation Supplement: New Qualifying Countries-Japan and Slovenia (DFARS Case 2016-D023)

81 FR 50650 - Defense Federal Acquisition Regulation Supplement: New Qualifying Countries-Japan and Slovenia (DFARS Case 2016-D023)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 148 (August 2, 2016)

Page Range50650-50652
FR Document2016-17958

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Japan and Slovenia as qualifying countries.

Federal Register, Volume 81 Issue 148 (Tuesday, August 2, 2016)
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50650-50652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17958]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2016-0021]
RIN 0750-AI97


Defense Federal Acquisition Regulation Supplement: New Qualifying 
Countries--Japan and Slovenia (DFARS Case 2016-D023)

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 add Japan and Slovenia as 
qualifying countries.

DATES: Effective August 2, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Jo Ann Reilly, telephone 571-372-
6176.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to add Japan and Slovenia as qualifying 
countries. The Secretary of Defense recently signed reciprocal defense 
procurement agreements with these countries. These agreements were 
placed into force on June 4, 2016, for Japan and June 21, 2016, for 
Slovenia. The agreements remove discriminatory barriers to procurements 
of supplies and services produced by industrial enterprises of the 
other country to the extent mutually beneficial and consistent with 
national laws, regulations, policies, and international obligations. 
These agreements do not cover construction or construction material. 
Japan and Slovenia are already designated countries under the World 
Trade Organization Government Procurement Agreement.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items.

    This rule only updates the list of qualifying countries in the 
DFARS by adding the newly qualifying countries of Japan and Slovenia. 
The definition of ``qualifying country'' is updated in each of the 
following clauses; however, this revision does not impact the clause 
prescriptions for use, or applicability at or below the simplified 
acquisition threshold, or applicability to commercial items. The 
clauses are:

[[Page 50651]]

DFARS 252.225-7001, Buy American and Balance of Payments Program; DFARS 
252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 
252.225-7012, Preference for Certain Domestic Commodities; DFARS 
252.225-7017, Photovoltaic Devices; DFARS 252.225-7021, Trade 
Agreements; and DFARS 252.225-7036, Buy American--Free Trade 
Agreements--Balance of Payments Program.

III. 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 does not constitute a significant DFARS revision within the 
meaning of FAR 1.501-1 and does not have a significant cost or 
administrative impact on contractors or offerors. Japan and Slovenia 
are added to the list of 23 other countries that have similar 
reciprocal defense procurement agreements with DoD. These requirements 
affect only the internal operating procedures of the Government.

IV. 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.

V. 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.

VI. Paperwork Reduction Act

    The rule affects the certification and information collection 
requirements in the clause 252.225-7021, Trade Agreements, currently 
approved under OMB Control Number 0704-229, entitled ``DFARS Part 225, 
Foreign Acquisition, and related clauses,'' in accordance with the 
Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, however, is 
negligible because it merely shifts the category under which items from 
Japan and Slovenia must be listed.

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 amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

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

PART 225--FOREIGN ACQUISITION


225.003   [Amended]

0
2. Section 225.003 is amended in paragraph (10), the definition of 
``qualifying country'', by adding, in alphabetical order, the countries 
of ``Japan'' and ``Slovenia'', respectively.


225.872-1   [Amended]

0
3. Section 225.872-1 is amended in paragraph (a) by adding, in 
alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7001   [Amended]

0
4. Section 252.225-7001 is amended by--
0
a. In the clause heading, removing the date ``(NOV 2014)'' and adding 
``(AUG 2016)'' in its place;
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively; and
0
c. In the Alternate I clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.


252.225-7002   [Amended]

0
5. Section 252.225-7002 is amended by--
0
a. In the clause heading, removing the date ``(DEC 2012)'' and adding 
``(AUG 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.


252.225-7012   [Amended]

0
6. Section 252.225-7012 is amended by--
0
a. In the clause heading, removing the date ``(FEB 2013)'' and adding 
``(JUL 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.


252.225-7017   [Amended]

0
7. Section 252.225-7017 is amended by--
0
a. In the clause heading, removing the date ``(JUN 2016)'' and adding 
``(AUG 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.


252.225-7021   [Amended]

0
8. Section 252.225-7021 is amended by--
0
a. In the clause heading, removing the date ``(JUN 2015)'' and adding 
``(AUG 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively; and
0
c. In the Alternate II clause heading--
0
i. Removing the date ``(JUN 2015)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.


252.225-7036   [Amended]

0
9. Section 252.225-7036 is amended by--
0
a. In the clause heading, removing the date ``(NOV 2014)'' and adding 
``(AUG 2016)'' in its place; and
0
b. In paragraph (a), the definition of ``qualifying country'', adding, 
in

[[Page 50652]]

alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively; and
0
c. In the Alternate I clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a) definition of ``qualifying country'', adding, in 
alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.
0
d. In the Alternate II clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.
0
e. In the Alternate III clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.
0
f. In the Alternate IV clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.
0
g. In the Alternate V clause heading--
0
i. Removing the date ``(NOV 2014)'' and adding ``(AUG 2016)'' in its 
place; and
0
ii. In paragraph (a), the definition of ``qualifying country'', adding, 
in alphabetical order, the countries of ``Japan'' and ``Slovenia'', 
respectively.

[FR Doc. 2016-17958 Filed 8-1-16; 8:45 am]
 BILLING CODE 5001-06-P



                                           50650             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                              Original equipment manufacturer means a                 (B) Be responsible for inspection, testing,        DEPARTMENT OF DEFENSE
                                           company that manufactures products that it              and authentication, in accordance with
                                           has designed from purchased components                  existing applicable industry standards; and           Defense Acquisition Regulations
                                           and sells those products under the                         (C) Make documentation of inspection,              System
                                           company’s brand name.                                   testing, and authentication of such electronic
                                              Original manufacturer means the original             parts available to the Government upon
                                           component manufacturer, the original                                                                          48 CFR Parts 225 and 252
                                                                                                   request.
                                           equipment manufacturer, or the contract                                                                       [Docket DARS–2016–0021]
                                           manufacturer.                                              (c) Traceability. If the Contractor is not the
                                              (b) Selecting suppliers. In accordance with          original manufacturer of, or authorized               RIN 0750–AI97
                                           section 818(c)(3) of the National Defense               supplier for, an electronic part, the
                                           Authorization Act for Fiscal Year 2012 (Pub.            Contractor shall—                                     Defense Federal Acquisition
                                           L. 112–81), as amended by section 817 of the               (1) Have risk-based processes (taking into         Regulation Supplement: New
                                           National Defense Authorization Act for Fiscal           consideration the consequences of failure of          Qualifying Countries—Japan and
                                           Year 2015 (Pub. L. 113–291), the Contractor             an electronic part) that enable tracking of           Slovenia (DFARS Case 2016–D023)
                                           shall—                                                  electronic parts from the original
                                              (1) First obtain electronic parts that are in        manufacturer to product acceptance by the             AGENCY:  Defense Acquisition
                                           production by the original manufacturer or              Government, whether the electronic part is            Regulations System, Department of
                                           an authorized aftermarket manufacturer or                                                                     Defense (DoD).
                                                                                                   supplied as a discrete electronic part or is
                                           currently available in stock from—
                                              (i) The original manufacturers of the parts;         contained in an assembly;                             ACTION: Final rule.
                                              (ii) Their authorized suppliers; or                     (2) If the Contractor cannot establish this
                                              (iii) Suppliers that obtain such parts               traceability from the original manufacturer           SUMMARY:  DoD is issuing a final rule
                                           exclusively from the original manufacturers             for a specific electronic part, be responsible        amending the Defense Federal
                                           of the parts or their authorized suppliers;             for inspection, testing, and authentication, in       Acquisition Regulation Supplement
                                              (2) If electronic parts are not available as         accordance with existing applicable industry          (DFARS) to add Japan and Slovenia as
                                           provided in paragraph (b)(1) of this clause,            standards; and                                        qualifying countries.
                                           obtain electronic parts that are not in                    (3)(i) Maintain documentation of                   DATES: Effective August 2, 2016.
                                           production by the original manufacturer or              traceability (paragraph (c)(1) of this clause) or
                                           an authorized aftermarket manufacturer, and                                                                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                   the inspection, testing, and authentication
                                           that are not currently available in stock from                                                                Jo Ann Reilly, telephone 571–372–6176.
                                                                                                   required when traceability cannot be
                                           a source listed in paragraph (b)(1) of this                                                                   SUPPLEMENTARY INFORMATION:
                                           clause, from suppliers identified by the                established (paragraph (c)(2) of this clause) in
                                           Contractor as contractor-approved suppliers,            accordance with FAR subpart 4.7; and                  I. Background
                                           provided that—                                             (ii) Make such documentation available to
                                              (i) For identifying and approving such               the Government upon request.                            DoD is amending the DFARS to add
                                           contractor-approved suppliers, the Contractor              (d) Government sources. Contractors and            Japan and Slovenia as qualifying
                                           uses established counterfeit prevention                 subcontractors are still required to comply           countries. The Secretary of Defense
                                           industry standards and processes (including             with the requirements of paragraphs (b) and           recently signed reciprocal defense
                                           inspection, testing, and authentication), such          (c) of this clause, as applicable, if—                procurement agreements with these
                                           as the DoD-adopted standards at https://                   (1) Authorized to purchase electronic parts        countries. These agreements were
                                           assist.dla.mil;                                         from the Federal Supply Schedule;                     placed into force on June 4, 2016, for
                                              (ii) The Contractor assumes responsibility              (2) Purchasing electronic parts from               Japan and June 21, 2016, for Slovenia.
                                           for the authenticity of parts provided by such          suppliers accredited by the Defense
                                           contractor-approved suppliers; and                                                                            The agreements remove discriminatory
                                                                                                   Microelectronics Activity; or                         barriers to procurements of supplies and
                                              (iii) The Contractor’s selection of such
                                           contractor-approved suppliers is subject to                (3) Requisitioning electronic parts from           services produced by industrial
                                           review and audit by the contracting officer;            Government inventory/stock under the                  enterprises of the other country to the
                                           or                                                      authority of 252.251–7000, Ordering from              extent mutually beneficial and
                                              (3)(i) Take the actions in paragraphs                Government Supply Sources.                            consistent with national laws,
                                           (b)(3)(ii) through (b)(3)(iv) of this clause if the        (i) The cost of any required inspection,
                                                                                                                                                         regulations, policies, and international
                                           Contractor—                                             testing, and authentication of such parts may
                                                                                                                                                         obligations. These agreements do not
                                              (A) Obtains an electronic part from—                 be charged as a direct cost.
                                              (1) A source other than any of the sources              (ii) The Government is responsible for the
                                                                                                                                                         cover construction or construction
                                           identified in paragraph (b)(1) or (b)(2) of this        authenticity of the requisitioned parts. If any       material. Japan and Slovenia are already
                                           clause, due to nonavailability from such                such part is subsequently found to be                 designated countries under the World
                                           sources; or                                             counterfeit or suspect counterfeit, the               Trade Organization Government
                                              (2) A subcontractor (other than the original         Government will—                                      Procurement Agreement.
                                           manufacturer) that refuses to accept                       (A) Promptly replace such part at no
                                           flowdown of this clause; or                                                                                   II. Applicability to Contracts at or
                                                                                                   charge; and                                           Below the Simplified Acquisition
                                              (B) Cannot confirm that an electronic part
                                                                                                      (B) Consider an adjustment in the contract
                                           is new or previously unused and that it has                                                                   Threshold and for Commercial Items,
                                           not been comingled in supplier new                      schedule to the extent that replacement of the
                                                                                                                                                         Including Commercially Available Off-
                                           production or stock with used, refurbished,             counterfeit or suspect counterfeit electronic
                                                                                                   parts caused a delay in performance.
                                                                                                                                                         the-Shelf Items.
                                           reclaimed, or returned parts.
                                              (ii) If the contractor obtains an electronic            (e) Subcontracts. The Contractor shall                This rule only updates the list of
                                           part or cannot confirm an electronic part               include the substance of this clause,                 qualifying countries in the DFARS by
                                           pursuant to paragraph (b)(3)(i) of this                 including this paragraph (e), in subcontracts,        adding the newly qualifying countries of
                                           clause—                                                 including subcontracts for commercial items           Japan and Slovenia. The definition of
                                              (A) Promptly notify the Contracting Officer          that are for electronic parts or assemblies           ‘‘qualifying country’’ is updated in each
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                                           in writing. If such notification is required for        containing electronic parts, unless the               of the following clauses; however, this
                                           an electronic part to be used in a designated           subcontractor is the original manufacturer.
                                           lot of assemblies to be acquired under a
                                                                                                                                                         revision does not impact the clause
                                           single contract, the Contractor may submit                                                                    prescriptions for use, or applicability at
                                                                                                   (End of clause)                                       or below the simplified acquisition
                                           one notification for the lot, providing
                                           identification of the assemblies containing             [FR Doc. 2016–17956 Filed 8–1–16; 8:45 am]            threshold, or applicability to
                                           the parts (e.g., serial numbers);                       BILLING CODE 5001–06–P                                commercial items. The clauses are:


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                                                             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations                                          50651

                                           DFARS 252.225–7001, Buy American                        V. Regulatory Flexibility Act                         ■  c. In the Alternate I clause heading—
                                           and Balance of Payments Program;                          The Regulatory Flexibility Act does                 ■  i. Removing the date ‘‘(NOV 2014)’’
                                           DFARS 252.225–7002, Qualifying                          not apply to this rule because this final             and adding ‘‘(AUG 2016)’’ in its place;
                                           Country Sources as Subcontractors;                      rule does not constitute a significant                and
                                           DFARS 252.225–7012, Preference for                                                                            ■ ii. In paragraph (a), the definition of
                                                                                                   DFARS revision within the meaning of
                                           Certain Domestic Commodities; DFARS                                                                           ‘‘qualifying country’’, adding, in
                                                                                                   FAR 1.501–1, and 41 U.S.C. 1707 does
                                           252.225–7017, Photovoltaic Devices;                                                                           alphabetical order, the countries of
                                                                                                   not require publication for public
                                           DFARS 252.225–7021, Trade                                                                                     ‘‘Japan’’ and ‘‘Slovenia’’, respectively.
                                                                                                   comment.
                                           Agreements; and DFARS 252.225–7036,                                                                           252.225–7002      [Amended]
                                           Buy American—Free Trade                                 VI. Paperwork Reduction Act
                                           Agreements—Balance of Payments                                                                                ■  5. Section 252.225–7002 is amended
                                                                                                     The rule affects the certification and
                                           Program.                                                                                                      by—
                                                                                                   information collection requirements in                ■ a. In the clause heading, removing the
                                           III. Publication of This Final Rule for                 the clause 252.225–7021, Trade                        date ‘‘(DEC 2012)’’ and adding ‘‘(AUG
                                           Public Comment Is Not Required by                       Agreements, currently approved under                  2016)’’ in its place; and
                                           Statute                                                 OMB Control Number 0704–229,                          ■ b. In paragraph (a), the definition of
                                                                                                   entitled ‘‘DFARS Part 225, Foreign                    ‘‘qualifying country’’, adding, in
                                              The statute that applies to the                      Acquisition, and related clauses,’’ in                alphabetical order, the countries of
                                           publication of the Federal Acquisition                  accordance with the Paperwork                         ‘‘Japan’’ and ‘‘Slovenia’’, respectively.
                                           Regulation (FAR) is 41 U.S.C. 1707                      Reduction Act (44 U.S.C. chapter 35).
                                           entitled ‘‘Publication of Proposed                      The impact, however, is negligible                    252.225–7012      [Amended]
                                           Regulations.’’ Paragraph (a)(1) of the                  because it merely shifts the category                 ■  6. Section 252.225–7012 is amended
                                           statute requires that a procurement                     under which items from Japan and                      by—
                                           policy, regulation, procedure or form                   Slovenia must be listed.                              ■ a. In the clause heading, removing the
                                           (including an amendment or                                                                                    date ‘‘(FEB 2013)’’ and adding ‘‘(JUL
                                           modification thereof) must be published                 List of Subjects in 48 CFR Parts 225 and
                                                                                                   252                                                   2016)’’ in its place; and
                                           for public comment if it relates to the                                                                       ■ b. In paragraph (a), the definition of
                                           expenditure of appropriated funds, and                    Government procurement.                             ‘‘qualifying country’’, adding, in
                                           has either a significant effect beyond the              Jennifer L. Hawes,                                    alphabetical order, the countries of
                                           internal operating procedures of the                                                                          ‘‘Japan’’ and ‘‘Slovenia’’, respectively.
                                                                                                   Editor, Defense Acquisition Regulations
                                           agency issuing the policy, regulation,                  System.
                                           procedure or form, or has a significant                                                                       252.225–7017      [Amended]
                                                                                                     Therefore, 48 CFR parts 225 and 252
                                           cost or administrative impact on                                                                              ■  7. Section 252.225–7017 is amended
                                                                                                   are amended as follows:
                                           contractors or offerors. This final rule is                                                                   by—
                                                                                                   ■ 1. The authority citation for 48 CFR                ■ a. In the clause heading, removing the
                                           not required to be published for public
                                           comment, because it does not constitute                 parts 225 and 252 continues to read as                date ‘‘(JUN 2016)’’ and adding ‘‘(AUG
                                           a significant DFARS revision within the                 follows:                                              2016)’’ in its place; and
                                           meaning of FAR 1.501–1 and does not                       Authority: 41 U.S.C. 1303 and 48 CFR                ■ b. In paragraph (a), the definition of
                                           have a significant cost or administrative               chapter 1.                                            ‘‘qualifying country’’, adding, in
                                           impact on contractors or offerors. Japan                                                                      alphabetical order, the countries of
                                           and Slovenia are added to the list of 23                PART 225—FOREIGN ACQUISITION                          ‘‘Japan’’ and ‘‘Slovenia’’, respectively.
                                           other countries that have similar                       225.003    [Amended]                                  252.225–7021      [Amended]
                                           reciprocal defense procurement
                                                                                                   ■  2. Section 225.003 is amended in                   ■  8. Section 252.225–7021 is amended
                                           agreements with DoD. These
                                                                                                   paragraph (10), the definition of                     by—
                                           requirements affect only the internal
                                                                                                   ‘‘qualifying country’’, by adding, in                 ■ a. In the clause heading, removing the
                                           operating procedures of the
                                                                                                   alphabetical order, the countries of                  date ‘‘(JUN 2015)’’ and adding ‘‘(AUG
                                           Government.
                                                                                                   ‘‘Japan’’ and ‘‘Slovenia’’, respectively.             2016)’’ in its place; and
                                           IV. Executive Orders 12866 and 13563                                                                          ■ b. In paragraph (a), the definition of
                                                                                                   225.872–1     [Amended]
                                                                                                                                                         ‘‘qualifying country’’, adding, in
                                              Executive Orders (E.O.s) 12866 and                   ■  3. Section 225.872–1 is amended in                 alphabetical order, the countries of
                                           13563 direct agencies to assess all costs               paragraph (a) by adding, in alphabetical              ‘‘Japan’’ and ‘‘Slovenia’’, respectively;
                                           and benefits of available regulatory                    order, the countries of ‘‘Japan’’ and                 and
                                           alternatives and, if regulation is                      ‘‘Slovenia’’, respectively.                           ■ c. In the Alternate II clause heading—
                                           necessary, to select regulatory                                                                               ■ i. Removing the date ‘‘(JUN 2015)’’
                                           approaches that maximize net benefits                   PART 252—SOLICITATION                                 and adding ‘‘(AUG 2016)’’ in its place;
                                           (including potential economic,                          PROVISIONS AND CONTRACT                               and
                                           environmental, public health and safety                 CLAUSES                                               ■ ii. In paragraph (a), the definition of
                                           effects, distributive impacts, and                                                                            ‘‘qualifying country’’, adding, in
                                           equity). E.O. 13563 emphasizes the                      252.225–7001       [Amended]
                                                                                                                                                         alphabetical order, the countries of
                                           importance of quantifying both costs                    ■  4. Section 252.225–7001 is amended                 ‘‘Japan’’ and ‘‘Slovenia’’, respectively.
                                           and benefits, of reducing costs, of                     by—
                                           harmonizing rules, and of promoting                     ■ a. In the clause heading, removing the              252.225–7036      [Amended]
                                           flexibility. This is not a significant                  date ‘‘(NOV 2014)’’ and adding ‘‘(AUG                 ■  9. Section 252.225–7036 is amended
Lhorne on DSK30JT082PROD with RULES




                                           regulatory action and, therefore, was not               2016)’’ in its place;                                 by—
                                           subject to review under section 6(b) of                 ■ b. In paragraph (a), the definition of              ■ a. In the clause heading, removing the
                                           E.O. 12866, Regulatory Planning and                     ‘‘qualifying country’’, adding, in                    date ‘‘(NOV 2014)’’ and adding ‘‘(AUG
                                           Review, dated September 30, 1993. This                  alphabetical order, the countries of                  2016)’’ in its place; and
                                           rule is not a major rule under 5 U.S.C.                 ‘‘Japan’’ and ‘‘Slovenia’’, respectively;             ■ b. In paragraph (a), the definition of
                                           804.                                                    and                                                   ‘‘qualifying country’’, adding, in


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                                           50652             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           alphabetical order, the countries of                    DATES:   Effective August 2, 2016.                        b. In paragraph (a) definition of
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively;               FOR FURTHER INFORMATION CONTACT:      Ms.              ‘‘designated country’’ in paragraph (i),
                                           and                                                     Jennifer L. Hawes, Defense Acquisition                 adding, in alphabetical order, the
                                           ■ c. In the Alternate I clause heading—                 Regulations System,                                    country of ‘‘Croatia’’.
                                           ■ i. Removing the date ‘‘(NOV 2014)’’                   OUSD(AT&L)DPAP(DARS), Room                             [FR Doc. 2016–17959 Filed 8–1–16; 8:45 am]
                                           and adding ‘‘(AUG 2016)’’ in its place;                 3B941, 3060 Defense Pentagon,                          BILLING CODE 5001–06–P
                                           and                                                     Washington, DC 20301–3060.
                                           ■ ii. In paragraph (a) definition of                    Telephone 571–372–6115; facsimile
                                           ‘‘qualifying country’’, adding, in                      571–372–6094.                                          SURFACE TRANSPORTATION BOARD
                                           alphabetical order, the countries of                    SUPPLEMENTARY INFORMATION: This final
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively.               rule amends the DFARS as follows—                      49 CFR Part 1002
                                           ■ d. In the Alternate II clause heading—                   1. Updates the direction to contracting
                                           ■ i. Removing the date ‘‘(NOV 2014)’’                                                                          [Docket No. EP 542 (Sub-No. 24)]
                                                                                                   officers at DFARS 245.402–70 to review
                                           and adding ‘‘(AUG 2016)’’ in its place;                 the guidance in DFARS Procedures,
                                           and                                                                                                            Regulations Governing Fees for
                                                                                                   Guidance, and Information (PGI) for                    Services Performed in Connection with
                                           ■ ii. In paragraph (a), the definition of               oversight and surveillance of contractor-
                                           ‘‘qualifying country’’, adding, in                                                                             Licensing and Related Services—2016
                                                                                                   acquired property; and                                 Update
                                           alphabetical order, the countries of                       2. In DFARS clause 252.225–7021,
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively.               Trade Agreements-Alternate II, corrects                AGENCY:    Surface Transportation Board.
                                           ■ e. In the Alternate III clause heading—               paragraph (a) definition of ‘‘designated               ACTION:   Final rules.
                                           ■ i. Removing the date ‘‘(NOV 2014)’’                   country’’ to include the country of
                                           and adding ‘‘(AUG 2016)’’ in its place;                 Croatia. DFARS final rule 2013–D005,                   SUMMARY:   The Board updates for 2016
                                           and                                                     Clauses with Alternates—Foreign                        the fees that the public must pay to file
                                           ■ ii. In paragraph (a), the definition of               Acquisition, published at 79 FR 65816                  certain cases and pleadings with the
                                           ‘‘qualifying country’’, adding, in                      on November 5, 2014, created separate                  Board. In this update, the following
                                           alphabetical order, the countries of                    prescriptions for each foreign-related                 results are obtained: 18 fees increased
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively.               basic clause and provision, as well as                 by $50 or less, 15 fees increased by $100
                                           ■ f. In the Alternate IV clause heading—                each of its alternate clauses and                      to $199, 23 fees increased by $200 to
                                           ■ i. Removing the date ‘‘(NOV 2014)’’                                                                          $300, 19 fees increased by more than
                                                                                                   provisions. In addition, the rule stated
                                           and adding ‘‘(AUG 2016)’’ in its place;                 the full text of each clause or provision              $300, and the remaining 58 fees will be
                                           and                                                     alternate. In the restatement of the full              maintained at their current level.
                                           ■ ii. In paragraph (a), the definition of                                                                      DATES: These rules are effective
                                                                                                   text of DFARS 252.225–7021-Alternate
                                           ‘‘qualifying country’’, adding, in                      II, the country of Croatia was                         September 1, 2016.
                                           alphabetical order, the countries of                    inadvertently omitted.                                 FOR FURTHER INFORMATION CONTACT:
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively.                                                                      David T. Groves, (202) 245–0327, or
                                           ■ g. In the Alternate V clause heading—                 List of Subjects in 48 CFR 245 and 252
                                                                                                                                                          Andrea Pope-Matheson (202) 245–0363.
                                           ■ i. Removing the date ‘‘(NOV 2014)’’                     Government procurement.                              [TDD for the hearing impaired: 1–800–
                                           and adding ‘‘(AUG 2016)’’ in its place;
                                                                                                   Jennifer L. Hawes,                                     877–8339.]
                                           and
                                           ■ ii. In paragraph (a), the definition of               Editor, Defense Acquisition Regulations                SUPPLEMENTARY INFORMATION: The
                                           ‘‘qualifying country’’, adding, in                      System.                                                Board’s regulations at 49 CFR 1002.3
                                           alphabetical order, the countries of                      Therefore, 48 CFR parts 245 and 252                  provide for an annual update of the
                                           ‘‘Japan’’ and ‘‘Slovenia’’, respectively.               are amended as follows:                                Board’s entire user-fee schedule. Fees
                                                                                                   ■ 1. The authority citation for 48 CFR                 are generally revised based on the cost
                                           [FR Doc. 2016–17958 Filed 8–1–16; 8:45 am]
                                                                                                   parts 245 and 252 continues to read as                 study formula set forth at 49 CFR
                                           BILLING CODE 5001–06–P
                                                                                                   follows:                                               1002.3(d). As compared with the 2015
                                                                                                                                                          fee update, the 2016 fee changes
                                                                                                     Authority: 41 U.S.C. 1303 and 48 CFR
                                                                                                   chapter 1.
                                                                                                                                                          adopted here reflect a combination of a
                                           DEPARTMENT OF DEFENSE
                                                                                                                                                          1.46% across-the-board increase to
                                           Defense Acquisition Regulations                         PART 245—GOVERNMENT PROPERTY                           salary costs; no change in publication
                                           System                                                                                                         cost levels; increases to two of the three
                                                                                                   ■ 2. Revise section 245.402–70 to read                 Board Overhead cost factors; and a
                                                                                                   as follows:                                            slight decrease to the third Board
                                           48 CFR Parts 245 and 252
                                                                                                   245.402–70        Policy.                              Overhead cost factor from its
                                           [Docket DARS–2016–0023]                                                                                        comparable 2015 level, resulting from
                                                                                                     Review the guidance at PGI 245.402–
                                                                                                   70 with regard to oversight and                        the mechanical application of the
                                           Defense Federal Acquisition
                                                                                                   surveillance of contractor-acquired                    update formula in 49 CFR 1002.3(d).
                                           Regulation Supplement; Technical
                                                                                                   property.                                              Results from the formula application
                                           Amendments
                                                                                                                                                          indicate that justified fee amounts in
                                           AGENCY:  Defense Acquisition                            PART 252—SOLICITATION                                  this 2016 update decision either remain
                                           Regulations System, Department of                       PROVISIONS AND CONTRACT                                unchanged (58 fee items), increase by
                                           Defense (DoD).                                          CLAUSES                                                $50 or less (18 fee items), increase by
                                           ACTION: Final rule.                                                                                            $300 or less (38 fee items) or increase
Lhorne on DSK30JT082PROD with RULES




                                                                                                   252.225–7021        [Amended]                          over $300 (19 fee items) from their
                                           SUMMARY:  DoD is making technical                       ■ 3. Amend section 252.225–7021 by, in                 respective 2015 update levels. No new
                                           amendments to the Defense Federal                       the Alternate II clause—                               fee items are proposed in this
                                           Acquisition Regulation Supplement                         a. Removing the clause date ‘‘(JUN                   proceeding. However, there is an
                                           (DFARS) to provide needed editorial                     2016)’’ and adding ‘‘(AUG 2016)’’ in its               expansion of existing fee item 98 to now
                                           changes.                                                place; and                                             include monthly and quarterly Waybill


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Document Created: 2016-08-02 01:47:38
Document Modified: 2016-08-02 01:47:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 2, 2016.
ContactMs. Jo Ann Reilly, telephone 571-372- 6176.
FR Citation81 FR 50650 
RIN Number0750-AI97
CFR Citation48 CFR 225
48 CFR 252

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