Defense Federal Acquisition Regulation Supplement: Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022), 10391-10392 [2015-03855]
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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
RIN 0750–AI36
Defense Federal Acquisition
Regulation Supplement: Domestic
Source Restrictions on Certain Naval
Vessel Components (DFARS Case
2014–D022)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the statutory
domestic source restrictions on
acquisition of certain naval vessel
components.
SUMMARY:
Effective February 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
DATES:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 79 FR 56333 on
September 19, 2014, to implement the
domestic source restrictions in 10 U.S.C.
2534 on gyrocompasses, electronic
navigation chart systems, steering
controls, pumps, propulsion and
machinery control systems, and totally
enclosed lifeboats, to the extent they are
unique to marine applications.
One respondent submitted a public
comment in response to the proposed
rule.
II. Discussion and Analysis
DoD reviewed the public comment in
the development of the final rule. A
discussion of the comment is provided,
as follows:
A. Significant Changes From the
Proposed Rule
There is no change from the proposed
rule to the final rule.
rmajette on DSK2VPTVN1PROD with RULES
B. Analysis of Public Comment
Comment: The respondent stated that
the rule should require manufacture of
the naval vessel components in the
United States.
Response: In accordance with 10
U.S.C. 2534, the rule requires
manufacture of the naval vessel
components in the United States or
Canada. 10 U.S.C. 2534(b) requires the
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14:38 Feb 25, 2015
Jkt 235001
manufacturer of the items to be a part
of the national technology and
industrial base. The term ‘‘national
technology and industrial base’’ is
defined at 10 U.S.C. 2500 to mean ‘‘the
persons and organizations that are
engaged in research, development,
production, integration, services, or
information technology activities
conducted within the United States and
Canada.’’ Therefore, it is necessary to
allow manufacture in Canada, as well as
the United States.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because this law has been implemented
in the Defense Logistics Agency and
Department of Navy regulations for
many years, and moving the regulations
to the DFARS will have no impact on
the public.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
10391
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 225.7008 by
revising paragraph (b) to read as follows:
■
225.7008 Waiver of restrictions of 10
U.S.C. 2534.
*
*
*
*
*
(b) In accordance with the provisions
of paragraphs (a)(1)(i) through (iii) of
this section, the USD(AT&L) has waived
the restrictions of 10 U.S.C. 2534(a) for
certain items manufactured in the
United Kingdom, including air circuit
breakers for naval vessels (see 225.7006)
and the naval vessel components listed
at 225.7010–1.
3. Add sections 225.7010, 225.7010–1,
225.7010–2, 225.7010–3, and 225.7010–
4 to read as follows:
■
225.7010 Restriction on certain naval
vessel components.
225.7010–1
Restriction.
In accordance with 10 U.S.C. 2534, do
not acquire the following components of
naval vessels, to the extent they are
unique to marine applications, unless
manufactured in the United States or
Canada:
(a) Gyrocompasses.
(b) Electronic navigation chart
systems.
(c) Steering controls.
(d) Pumps.
(e) Propulsion and machinery control
systems.
(f) Totally enclosed lifeboats.
225.7010–2
Exceptions.
This restriction does not apply to—
(a) Contracts or subcontracts that do
not exceed the simplified acquisition
threshold; or
(b) Acquisition of spare or repair parts
needed to support components for naval
vessels manufactured outside the
United States. Support includes the
purchase of spare gyrocompasses,
electronic navigation chart systems,
steering controls, pumps, propulsion
and machinery control systems, or
totally enclosed lifeboats, when those
from alternate sources are not
interchangeable.
225.7010–3
Waiver.
(a) The waiver criteria at 225.7008(a)
apply to this restriction.
(b) The Under Secretary of Defense
(Acquisition, Technology, and Logistics)
has waived the restriction of 10 U.S.C.
2534 for certain items manufactured in
the United Kingdom, including the
items listed in section 225.7010–1. See
225.7008.
E:\FR\FM\26FER1.SGM
26FER1
10392
225.7010–4
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
Implementation.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
into two 6-month time periods, January
through June and July through
December. For the January 1 through
June 30, 2015, fishing season, the
commercial quota is 394,829 lb (179,091
kg), gutted weight (438,260 lb (198,791
kg), round weight), as specified in 50
CFR 622.190(a)(4)(i)(C).
Under 50 CFR 622.191(a)(6)(ii), NMFS
is required to reduce the commercial
trip limit for vermilion snapper from
1,000 lb (454 kg), gutted weight (1,110
lb (503 kg), round weight), to 500 lb
(227 kg), gutted weight (555 lb (252 kg),
round weight), when 75 percent of the
fishing season quota is reached or
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register, as implemented
by the final rule for Regulatory
Amendment 18 (78 FR 47574, August 6,
2013). Based on current information,
NMFS has determined that 75 percent of
the available commercial quota for the
January 1 through June 30, 2015, fishing
season for vermilion snapper will be
reached by March 2, 2015. Accordingly,
NMFS is reducing the commercial trip
limit for vermilion snapper to 500 lb
(227 kg), gutted weight (555 lb (252 kg),
round weight), in or from the South
Atlantic EEZ at 12:01 a.m., local time,
on March 2, 2015. This 500-lb (227-kg),
gutted weight, trip limit will remain in
effect until July 1, 2015, or until the
quota is reached and the commercial
sector closes, whichever occurs first.
NMFS reduces the
commercial trip limit for vermilion
snapper in or from the exclusive
economic zone (EEZ) of the South
Atlantic to 500 lb (227 kg), gutted
weight. This trip limit reduction is
necessary to protect the South Atlantic
vermilion snapper resource.
DATES: This rule is effective 12:01 a.m.,
local time, March 2, 2015, until 12:01
a.m., local time, July 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Britni LaVine, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: britni.lavine@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery includes
vermilion snapper in the South Atlantic
and is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The South Atlantic
Fishery Management Council prepared
the FMP and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
The commercial quota for vermilion
snapper in the South Atlantic is divided
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of South Atlantic
vermilion snapper and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.191(a)(6)(ii) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this
commercial trip limit reduction
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because prior notice
and opportunity for public comment on
this temporary rule is unnecessary and
contrary to the public interest. Such
(a) 10 U.S.C. 2534(h) prohibits the use
of contract clauses or certifications to
implement this restriction.
(b) Agencies shall accomplish
implementation of this restriction
through use of management and
oversight techniques that achieve the
objectives of this section without
imposing a significant management
burden on the Government or the
contractor involved.
[FR Doc. 2015–03855 Filed 2–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 130312235–3658–02]
RIN 0648–XD733
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; Trip Limit Reduction
AGENCY:
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SUMMARY:
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14:38 Feb 25, 2015
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PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
procedures are unnecessary, because the
rule establishing the trip limit has
already been subject to notice and
comment, and all that remains is to
notify the public of the trip limit
reduction. They are contrary to the
public interest, because there is a need
to immediately implement this action to
protect the vermilion snapper resource
since the capacity of the fishing fleet
allows for rapid harvest of the quota.
Prior notice and opportunity for public
comment on this action would require
time and would increase the probability
that the commercial sector could exceed
the quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–04024 Filed 2–23–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140528460–5122–02]
RIN 0648–BE25
Fisheries Off West Coast States;
Highly Migratory Fisheries; California
Swordfish Drift Gillnet Fishery; Vessel
Monitoring System and Pre-Trip
Notification Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is issuing regulations
that require use of a NMFS-approved
vessel monitoring system (VMS) and
institute a pre-trip notification
requirement for West Coast large-mesh
swordfish drift gillnet (DGN) vessel
owners and operators. The DGN fishery
operates under the authority of the
Federal Fishery Management Plan for
U.S. West Coast Fisheries for Highly
Migratory Species (HMS FMP).
Installing and operating VMS on vessels
in this fishery will provide NMFS and
law enforcement personnel with the
ability to monitor the DGN fishery for
compliance with conservation
measures, efficiently deploy agents to
inspect vessels, and provide the ability
SUMMARY:
E:\FR\FM\26FER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10391-10392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03855]
[[Page 10391]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AI36
Defense Federal Acquisition Regulation Supplement: Domestic
Source Restrictions on Certain Naval Vessel Components (DFARS Case
2014-D022)
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 implement the statutory
domestic source restrictions on acquisition of certain naval vessel
components.
DATES: Effective February 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 79 FR
56333 on September 19, 2014, to implement the domestic source
restrictions in 10 U.S.C. 2534 on gyrocompasses, electronic navigation
chart systems, steering controls, pumps, propulsion and machinery
control systems, and totally enclosed lifeboats, to the extent they are
unique to marine applications.
One respondent submitted a public comment in response to the
proposed rule.
II. Discussion and Analysis
DoD reviewed the public comment in the development of the final
rule. A discussion of the comment is provided, as follows:
A. Significant Changes From the Proposed Rule
There is no change from the proposed rule to the final rule.
B. Analysis of Public Comment
Comment: The respondent stated that the rule should require
manufacture of the naval vessel components in the United States.
Response: In accordance with 10 U.S.C. 2534, the rule requires
manufacture of the naval vessel components in the United States or
Canada. 10 U.S.C. 2534(b) requires the manufacturer of the items to be
a part of the national technology and industrial base. The term
``national technology and industrial base'' is defined at 10 U.S.C.
2500 to mean ``the persons and organizations that are engaged in
research, development, production, integration, services, or
information technology activities conducted within the United States
and Canada.'' Therefore, it is necessary to allow manufacture in
Canada, as well as the United States.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this law has been implemented in the Defense Logistics Agency
and Department of Navy regulations for many years, and moving the
regulations to the DFARS will have no impact on the public.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 225.7008 by revising paragraph (b) to read as follows:
225.7008 Waiver of restrictions of 10 U.S.C. 2534.
* * * * *
(b) In accordance with the provisions of paragraphs (a)(1)(i)
through (iii) of this section, the USD(AT&L) has waived the
restrictions of 10 U.S.C. 2534(a) for certain items manufactured in the
United Kingdom, including air circuit breakers for naval vessels (see
225.7006) and the naval vessel components listed at 225.7010-1.
0
3. Add sections 225.7010, 225.7010-1, 225.7010-2, 225.7010-3, and
225.7010-4 to read as follows:
225.7010 Restriction on certain naval vessel components.
225.7010-1 Restriction.
In accordance with 10 U.S.C. 2534, do not acquire the following
components of naval vessels, to the extent they are unique to marine
applications, unless manufactured in the United States or Canada:
(a) Gyrocompasses.
(b) Electronic navigation chart systems.
(c) Steering controls.
(d) Pumps.
(e) Propulsion and machinery control systems.
(f) Totally enclosed lifeboats.
225.7010-2 Exceptions.
This restriction does not apply to--
(a) Contracts or subcontracts that do not exceed the simplified
acquisition threshold; or
(b) Acquisition of spare or repair parts needed to support
components for naval vessels manufactured outside the United States.
Support includes the purchase of spare gyrocompasses, electronic
navigation chart systems, steering controls, pumps, propulsion and
machinery control systems, or totally enclosed lifeboats, when those
from alternate sources are not interchangeable.
225.7010-3 Waiver.
(a) The waiver criteria at 225.7008(a) apply to this restriction.
(b) The Under Secretary of Defense (Acquisition, Technology, and
Logistics) has waived the restriction of 10 U.S.C. 2534 for certain
items manufactured in the United Kingdom, including the items listed in
section 225.7010-1. See 225.7008.
[[Page 10392]]
225.7010-4 Implementation.
(a) 10 U.S.C. 2534(h) prohibits the use of contract clauses or
certifications to implement this restriction.
(b) Agencies shall accomplish implementation of this restriction
through use of management and oversight techniques that achieve the
objectives of this section without imposing a significant management
burden on the Government or the contractor involved.
[FR Doc. 2015-03855 Filed 2-25-15; 8:45 am]
BILLING CODE 5001-06-P
