83 FR 24890 - Defense Federal Acquisition Regulation Supplement: Repeal of Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 104 (May 30, 2018)

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 that established a sunset date for restrictions on acquisition of chemical weapons antidote contained in automatic injectors, or the components of such injectors.

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24890-24891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11343]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

[Docket DARS-2018-0025]
RIN 0750-AJ70


Defense Federal Acquisition Regulation Supplement: Repeal of 
Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2018 that 
established a sunset date for restrictions on acquisition of chemical 
weapons antidote contained in automatic injectors, or the components of 
such injectors.

DATES: Effective October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule implements section 813(a) of the National Defense 
Authorization Act for Fiscal Year 2018, which amends 10 U.S.C. 2534(c) 
to establish a sunset date of October 1, 2018, for 10 U.S.C. 2534(a)(2) 
and (b)(2), the limitation on procurement of chemical weapons antidote 
contained in automatic injectors (and components for such injectors).
    This rule deletes DFARS 225.7005 in its entirety to remove the 
obsolete text regarding restrictions on certain chemical weapons 
antidote.

[[Page 24891]]

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

    This rule does not add any new burdens or impact applicability of 
clauses and provisions at or below the simplified acquisition 
threshold, or to acquisition of commercial items.

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. Executive Order 13771

    This final rule is not an E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, regulatory action, because this rule is 
not significant under E.O. 12866.

V. 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 is the Office of Federal Procurement Policy 
statute (codified at title 41 of the United States Code). Specifically, 
title 41 U.S.C. 1707(a)(1) 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 just 
removes obsolete text from the DFARS, which affects only the internal 
operating procedures of the Government.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section V. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

VII. Paperwork Reduction Act

    This 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.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 225 is amended as follows:

PART 225-FOREIGN ACQUISITION

0
1. The authority citation for part 225 continues to read as follows:

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


225.7005   [Removed and Reserved]

0
2. Remove and reserve section 225.7005.


225.7005-1   [Removed]

0
3. Remove section 225.7005-1.


225.7005-2  [Removed]

0
4. Remove section 225.7005-2.


225.7005-3   [Removed]

0
5. Remove section 225.7005-3.
[FR Doc. 2018-11343 Filed 5-29-18; 8:45 am]
 BILLING CODE 5001-06-P