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)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24890-24891 | |
| FR Document | 2018-11343 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![24890 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
assistance; or to support response to an recovery from cyber, nuclear, biological, 218.272’’ and add ‘‘PGI 218.271’’ in its
emergency or major disaster; chemical, or radiological attack; to place.
* * * * * facilitate provision of international
disaster assistance; or to support PART 225—FOREIGN ACQUISITION
PART 216—TYPES OF CONTRACTS response to an emergency or major
225.374 [Amended]
disaster, the following requirements do
■ 4. In section 216.601, revise paragraph not apply: ■ 11. Amend section 225.374 by
(d)(i)(A)(3) to read as follows: (1) Policy for unique item removing ‘‘See 218.272’’ and adding
216.601 Time-and-materials contracts.
identification at 211.274–2(a). ‘‘See 218.271’’ in its place.
Contractors are not required to provide [FR Doc. 2018–11341 Filed 5–29–18; 8:45 am]
(d) * * * DoD unique item identification if the BILLING CODE 5001–06–P
(i) * * * items are to be used to facilitate defense
(A) * * * against or recovery from nuclear,
(3) Exception. The approval biological, chemical, or radiological
requirements in paragraphs (d)(i)(A)(1) DEPARTMENT OF DEFENSE
attack. However, contractors are not
and (2) of this section do not apply to exempt from this requirement if the Defense Acquisition Regulations
contracts that, as determined by the items are to be used to facilitate defense System
head of the contracting activity— against or recovery from cyber attack.
(i) Support contingency or See 211.274–2(b). 48 CFR Part 225
humanitarian or peacekeeping (2) Only one offer requirements at
operations; section 215.371–2. See 215.371–4(a)(2).
(ii) Facilitate defense against or [Docket DARS–2018–0025]
(3) Approval of determination and
recovery from conventional, cyber, findings for time-and-materials or labor-
nuclear, biological, chemical or hour contracts at 216.601(d)(i)(A)(1) and RIN 0750–AJ70
radiological attack; (2). See 216.601(d)(3).
(iii) Facilitate the provision of Defense Federal Acquisition
■ 7. Add section 218.204 to read as Regulation Supplement: Repeal of
international disaster assistance; or
follows: Restrictions on Chemical Weapons
(iv) Support response to an emergency
or major disaster. 218.204 Humanitarian or peacekeeping Antidote (DFARS Case 2018–D006)
* * * * * operation.
AGENCY: Defense Acquisition
The following requirements do not
PART 218—EMERGENCY Regulations System, Department of
apply to acquisitions that, as
ACQUISITIONS Defense (DoD).
determined by the head of the
contracting activity, are in support of ACTION: Final rule.
■ 5. Amend section 218.201 by— humanitarian or peacekeeping
■ a. In paragraph (2), removing operations:
‘‘agency’’ and adding ‘‘contracting SUMMARY: DoD is issuing a final rule to
(1) Policy for item unique amend the Defense Federal Acquisition
activity’’ in its place; identification at 211.274–2(a). See
■ b. Redesignating paragraphs (7)
Regulation Supplement (DFARS) to
211.274–2(b). implement a section of the National
through (10) as paragraphs (9) through (2) Only one offer requirements at
(12), respectively; and Defense Authorization Act for Fiscal
sections 215.371–2. See 215.371–4(a)(2). Year 2018 that established a sunset date
■ c. Adding new paragraphs (7) and (8) (3) Approval of determination and
to read as follows: for restrictions on acquisition of
findings for time-and-materials or labor- chemical weapons antidote contained in
218.201 Contingency operation. hour contracts at 216.601(d)(i)(A)(1) and automatic injectors, or the components
(2). See 216.601(d)(3). of such injectors.
* * * * *
(7) Only one offer. The requirements 218.270 [Removed] DATES: Effective October 1, 2018.
at sections 215.371–2 do not apply to ■ 8. Remove section 218.270.
acquisitions, as determined by the head FOR FURTHER INFORMATION CONTACT: Ms.
of the contracting activity, in support of 218.271 [Redesignated as 218.270] Amy Williams, telephone 571–372–
a contingency operation. See 215.371– 6106.
■ 9. Redesignate section 218.271 as
4(a)(2). section 218.270 and revise the SUPPLEMENTARY INFORMATION:
(8) Approval of determination and introductory text and paragraph (a) to
findings for time-and-materials or labor- read as follows: I. Background
hour contracts. The approval
requirements in paragraphs (d)(i)(A)(1) 218.270 Head of contracting activity This final rule implements section
and (2) of this section do not apply to determinations. 813(a) of the National Defense
contracts that, as determined by the The term ‘‘head of the agency’’ is Authorization Act for Fiscal Year 2018,
head of the contracting activity, support replaced with ‘‘head of the contracting which amends 10 U.S.C. 2534(c) to
contingency. See 216.601(d)(3). activity,’’ as defined in FAR 2.101, in establish a sunset date of October 1,
* * * * * the following locations: 2018, for 10 U.S.C. 2534(a)(2) and (b)(2),
(a) FAR 2.101: definition of the limitation on procurement of
■ 6. Revise section 218.202 to read as
sradovich on DSK3GMQ082PROD with RULES2
‘‘simplified acquisition threshold.’’ chemical weapons antidote contained in
follows: automatic injectors (and components for
* * * * *
218.202 Defense or recovery from certain such injectors).
events. 218.272 [Redesignated as 218.271 and This rule deletes DFARS 225.7005 in
For acquisitions that, as determined Amended] its entirety to remove the obsolete text
by the head of the contracting activity, ■ 10. Redesignate section 218.272 as regarding restrictions on certain
are to facilitate defense against or section 218.271 and remove ‘‘PGI chemical weapons antidote.
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![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations 24891
II. Applicability to Contracts at or VI. Regulatory Flexibility Act DEPARTMENT OF DEFENSE
Below the Simplified Acquisition
Threshold and for Commercial Items, Because a notice of proposed Defense Acquisition Regulations
Including Commercially Available Off- rulemaking and an opportunity for System
the-Shelf Items public comment are not required to be
given for this rule under 41 U.S.C. 48 CFR Part 252
This rule does not add any new 1707(a)(1) (see section V. of this
[Docket DARS–2018–0030]
burdens or impact applicability of preamble), the analytical requirements
clauses and provisions at or below the of the Regulatory Flexibility Act (5 RIN 0750–AJ88
simplified acquisition threshold, or to U.S.C. 601 et seq.) are not applicable.
acquisition of commercial items. Defense Federal Acquisition
Accordingly, no regulatory flexibility
Regulation Supplement: Modification
III. Executive Orders 12866 and 13563 analysis is required and none has been
of DFARS Clause ‘‘Riding Gang
prepared.
Member Requirements’’ (DFARS Case
Executive Orders (E.O.s) 12866 and
VII. Paperwork Reduction Act 2018–D026)
13563 direct agencies to assess all costs
and benefits of available regulatory This rule does not contain any AGENCY: Defense Acquisition
alternatives and, if regulation is information collection requirements that Regulations System, Department of
necessary, to select regulatory require the approval of the Office of Defense (DoD).
approaches that maximize net benefits Management and Budget under the ACTION: Final rule.
(including potential economic, Paperwork Reduction Act (44 U.S.C.
environmental, public health and safety SUMMARY: DoD is issuing a final rule
chapter 35). amending the Defense Federal
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the List of Subjects in 48 CFR Part 225 Acquisition Regulation Supplement
importance of quantifying both costs (DFARS) to clarify the agency that
and benefits, of reducing costs, of Government procurement. conducts the background check
harmonizing rules, and of promoting procedures that are required for
Amy G. Williams,
flexibility. This is not a significant contractors who perform work on U.S.-
Deputy, Defense Acquisition Regulations flag vessels under DoD contracts for
regulatory action and, therefore, was not System.
subject to review under section 6(b) of ocean transportation services.
E.O. 12866, Regulatory Planning and Therefore, 48 CFR part 225 is DATES: Effective May 30, 2018.
Review, dated September 30, 1993. This amended as follows: FOR FURTHER INFORMATION CONTACT: Ms.
rule is not a major rule under 5 U.S.C. Carrie Moore, telephone 571–372–6093.
804. PART 225–FOREIGN ACQUISITION SUPPLEMENTARY INFORMATION:
IV. Executive Order 13771 ■ 1. The authority citation for part 225 I. Background
continues to read as follows: DoD is amending the DFARS to
This final rule is not an E.O. 13771,
Reducing Regulation and Controlling Authority: 41 U.S.C. 1303 and 48 chapter modify the clause at DFARS 252.247–
Regulatory Costs, regulatory action, 1. 7027, Riding Gang Member
because this rule is not significant under Requirements. This DFARS clause is
E.O. 12866.
225.7005 [Removed and Reserved] included in solicitations and contracts
for the acquisition of commercial items,
V. Publication of This Final Rule for ■ 2. Remove and reserve section which are for the charter of, or contract
Public Comment Is Not Required by 225.7005. for carriage of cargo by, a U.S.-flag
Statute 225.7005–1 [Removed] vessel documented under 46 U.S.C.,
chapter 121.
The statute that applies to the ■ 3. Remove section 225.7005–1. DFARS clause, 252.247–7027, Riding
publication of the Federal Acquisition Gang Member Requirements, ensures
Regulation is the Office of Federal 225.7005–2 [Removed] that riding gang members are qualified
Procurement Policy statute (codified at to serve on board the vessel and that
title 41 of the United States Code). ■ 4. Remove section 225.7005–2.
both riding gang members and DoD-
Specifically, title 41 U.S.C. 1707(a)(1) 225.7005–3 [Removed] exempted individuals onboard will not
requires that a procurement policy, pose a security risk based on criminal or
regulation, procedure, or form ■ 5. Remove section 225.7005–3. other records. Paragraph (c)(2)(i)(B) of
(including an amendment or [FR Doc. 2018–11343 Filed 5–29–18; 8:45 am] the clause requires the contractor to
modification thereof) must be published BILLING CODE 5001–06–P immediately remove any exempted
for public comment if it relates to the individual from the vessel that is
expenditure of appropriated funds, and deemed unsuitable by Military Sealift
has either a significant effect beyond the Command (MSC) Force Protection. This
internal operating procedures of the requirement imposes duties on MSC
agency issuing the policy, regulation, that exceed the scope of their personnel
procedure, or form, or has a significant screening agreement. MSC has
sradovich on DSK3GMQ082PROD with RULES2
cost or administrative impact on authorization to screen persons who
contractors or offerors. This final rule is have access to MSC chartered vessels,
not required to be published for public but they do not screen persons who
comment, because it just removes have access to non-MSC chartered or
obsolete text from the DFARS, which contracted vessels. This paragraph is
affects only the internal operating modified to state that the Government
procedures of the Government. agency conducting the background
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Document Created: 2018-05-30 01:02:21
Document Modified: 2018-05-30 01:02:21
| 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 October 1, 2018. | |
| Contact | Ms. Amy Williams, telephone 571-372- 6106. | |
| FR Citation | 83 FR 24890 | |
| RIN Number | 0750-AJ70 |
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