83_FR_44182 83 FR 44014 - Defense Federal Acquisition Regulation Supplement: Inapplicability of Certain Laws and Regulations to Commercial Items (DFARS Case 2017-D010); Reopening of Comment Period

83 FR 44014 - Defense Federal Acquisition Regulation Supplement: Inapplicability of Certain Laws and Regulations to Commercial Items (DFARS Case 2017-D010); Reopening of Comment Period

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range44014-44014
FR Document2018-18616

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2017 that addresses the inapplicability of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf items. The comment period on the proposed rule is reopened for 60 days.

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Proposed Rules]
[Page 44014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18616]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 219, and 252

[Docket DARS-2018-0035]
RIN 0750-AJ21


Defense Federal Acquisition Regulation Supplement: 
Inapplicability of Certain Laws and Regulations to Commercial Items 
(DFARS Case 2017-D010); Reopening of Comment Period

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

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement sections of the National 
Defense Authorization Act for Fiscal Year 2017 that addresses the 
inapplicability of certain laws and regulations to the acquisition of 
commercial items, including commercially available off-the-shelf items. 
The comment period on the proposed rule is reopened for 60 days.

DATES: For the proposed rule published on June 29, 2018 (83 FR 30646), 
submit comments by October 28, 2018.

ADDRESSES: Submit comments identified by DFARS Case 2017-D010, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2017-D010.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2017-D010'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2017-D010 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Barbara J. Trujillo, OUSD(D&S)DPC/DARS, Room 3B941, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Barbara J. Trujillo, telephone 
571-372-6102.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 29, 2018, DoD published a proposed rule in the Federal 
Register at 83 FR 30646 to implement the requirement of section 874 of 
the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 
114-328). Section 874 requires DoD to address the inapplicability of 
certain laws and regulations to the acquisition of commercial items, 
including commercially available off-the-shelf items.
    The comment period for the proposed rule is reopened 60 days, from 
August 28, 2018, to October 28, 2018, to provide additional time for 
interested parties to comment on the proposed DFARS changes.

48 CFR Parts 212, 219, and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2018-18616 Filed 8-28-18; 8:45 am]
 BILLING CODE 5001-06-P



                                                  44014               Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Proposed Rules

                                                  Public Availability of Comments                         OMB review under Executive Order                      DATES: For the proposed rule published
                                                                                                          12866.                                                on June 29, 2018 (83 FR 30646), submit
                                                    Before including your address, phone
                                                                                                                                                                comments by October 28, 2018.
                                                  number, email address, or other                         Other Laws and Executive Orders
                                                  personal identifying information in your                Affecting Rulemaking                                  ADDRESSES:   Submit comments
                                                  comment, you should be aware that                         When a State submits a program                      identified by DFARS Case 2017–D010,
                                                  your entire comment—including your                      amendment to OSMRE for review, our                    using any of the following methods:
                                                  personal identifying information—may                    regulations at 30 CFR 732.17(h) require                  Æ Federal eRulemaking Portal: http://
                                                  be made publicly available at any time.                 us to publish a notice in the Federal                 www.regulations.gov. Search for
                                                  While you can ask us in your comment                    Register indicating receipt of the                    ‘‘DFARS Case 2017–D010.’’ Select
                                                  to withhold your personal identifying                   proposed amendment, its text or a                     ‘‘Comment Now’’ and follow the
                                                  information from public review, we                      summary of its terms, and an                          instructions provided to submit a
                                                  cannot guarantee that we will be able to                opportunity for public comment. We                    comment. Please include ‘‘DFARS Case
                                                  do so.                                                  conclude our review of the proposed                   2017–D010’’ on any attached
                                                  Public Hearing                                          amendment after the close of the public               documents.
                                                                                                          comment period and determine whether                     Æ Email: osd.dfars@mail.mil. Include
                                                     If you wish to speak at the public                   the amendment should be approved,                     DFARS Case 2017–D010 in the subject
                                                  hearing, contact the person listed under                approved in part, or not approved. At                 line of the message.
                                                  FOR FURTHER INFORMATION CONTACT by                      that time, we will also make the                         Æ Fax: 571–372–6094.
                                                  4:00 p.m., CST on September 13, 2018.                   determinations and certifications
                                                  If you are disabled and need reasonable                                                                          Æ Mail: Defense Acquisition
                                                                                                          required by the various laws and                      Regulations System, Attn: Ms. Barbara J.
                                                  accommodations to attend a public                       executive orders governing the
                                                  hearing, contact the person listed under                                                                      Trujillo, OUSD(D&S)DPC/DARS, Room
                                                                                                          rulemaking process and include them in                3B941, 3060 Defense Pentagon,
                                                  FOR FURTHER INFORMATION CONTACT. We                     the final rule.
                                                  will arrange the location and time of the                                                                     Washington, DC 20301–3060.
                                                  hearing with those persons requesting                   List of Subjects in 30 CFR Part 943                      Comments received generally will be
                                                  the hearing. If no one requests an                        Intergovernmental relations, Surface                posted without change to http://
                                                  opportunity to speak, we will not hold                  mining, Underground mining.                           www.regulations.gov, including any
                                                  a hearing.                                                                                                    personal information provided. To
                                                                                                            Dated: August 14, 2018.
                                                     To assist the transcriber and ensure an                                                                    confirm receipt of your comment(s),
                                                                                                          Alfred L. Clayborne,                                  please check www.regulations.gov,
                                                  accurate record, we request, if possible,
                                                                                                          Regional Director, Mid-Continent Region.              approximately two to three days after
                                                  that each person who speaks at the
                                                  public hearing provide us with a written                [FR Doc. 2018–18705 Filed 8–28–18; 8:45 am]           submission to verify posting (except
                                                  copy of his or her comments. The public                 BILLING CODE 4310–05–P                                allow 30 days for posting of comments
                                                  hearing will continue on the specified                                                                        submitted by mail).
                                                  date until everyone scheduled to speak                                                                        FOR FURTHER INFORMATION CONTACT:    Ms.
                                                  has been given an opportunity to be                     DEPARTMENT OF DEFENSE                                 Barbara J. Trujillo, telephone 571–372–
                                                  heard. If you are in the audience and                                                                         6102.
                                                  have not been scheduled to speak and                    Defense Acquisition Regulations
                                                                                                          System                                                SUPPLEMENTARY INFORMATION:
                                                  wish to do so, you will be allowed to
                                                  speak after those who have been                                                                               I. Background
                                                  scheduled. We will end the hearing after                48 CFR Parts 212, 219, and 252
                                                  everyone scheduled to speak and others                  [Docket DARS–2018–0035]
                                                                                                                                                                   On June 29, 2018, DoD published a
                                                  present in the audience who wish to                                                                           proposed rule in the Federal Register at
                                                                                                          RIN 0750–AJ21                                         83 FR 30646 to implement the
                                                  speak, have been heard.
                                                                                                                                                                requirement of section 874 of the
                                                  Public Meeting                                          Defense Federal Acquisition                           National Defense Authorization Act for
                                                                                                          Regulation Supplement: Inapplicability                Fiscal Year 2017 (Pub. L. 114–328).
                                                     If only one person requests an                       of Certain Laws and Regulations to                    Section 874 requires DoD to address the
                                                  opportunity to speak, we may hold a                     Commercial Items (DFARS Case 2017–                    inapplicability of certain laws and
                                                  public meeting rather than a public                     D010); Reopening of Comment Period                    regulations to the acquisition of
                                                  hearing. If you wish to meet with us to
                                                                                                          AGENCY:  Defense Acquisition                          commercial items, including
                                                  discuss the amendment, please request
                                                                                                          Regulations System, Department of                     commercially available off-the-shelf
                                                  a meeting by contacting the person
                                                                                                          Defense (DoD).                                        items.
                                                  listed under FOR FURTHER INFORMATION
                                                  CONTACT. All such meetings are open to                  ACTION: Proposed rule; reopening of                      The comment period for the proposed
                                                  the public and, if possible, we will post               comment period.                                       rule is reopened 60 days, from August
                                                  notices of meetings at the locations                                                                          28, 2018, to October 28, 2018, to provide
                                                                                                          SUMMARY:  DoD is proposing to amend                   additional time for interested parties to
                                                  listed under ADDRESSES. We will make
                                                                                                          the Defense Federal Acquisition                       comment on the proposed DFARS
                                                  a written summary of each meeting a
                                                                                                          Regulation Supplement (DFARS) to                      changes.
                                                  part of the administrative record.
                                                                                                          implement sections of the National
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                                                  IV. Procedural Determinations                           Defense Authorization Act for Fiscal                  48 CFR Parts 212, 219, and 252
                                                                                                          Year 2017 that addresses the                             Government procurement.
                                                  Executive Order 12866—Regulatory
                                                                                                          inapplicability of certain laws and
                                                  Planning and Review                                                                                           Jennifer Lee Hawes,
                                                                                                          regulations to the acquisition of
                                                    Pursuant to Office of Management and                  commercial items, including                           Regulatory Control Officer, Defense
                                                  Budget (OMB) Guidance and dated                         commercially available off-the-shelf                  Acquisition Regulations System.
                                                  October 12, 1993, the approval of state                 items. The comment period on the                      [FR Doc. 2018–18616 Filed 8–28–18; 8:45 am]
                                                  program amendments is exempted from                     proposed rule is reopened for 60 days.                BILLING CODE 5001–06–P




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Document Created: 2018-08-29 00:12:47
Document Modified: 2018-08-29 00:12:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of comment period.
DatesFor the proposed rule published on June 29, 2018 (83 FR 30646), submit comments by October 28, 2018.
ContactMs. Barbara J. Trujillo, telephone 571-372-6102.
FR Citation83 FR 44014 
RIN Number0750-AJ21
CFR Citation48 CFR 212
48 CFR 219
48 CFR 252

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