Defense Federal Acquisition Regulation Supplement; Limitation on Service Contracts for Military Flight Simulators (DFARS Case 2008-D013), 53156 [E8-21374]

Download as PDF 53156 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 252.225–7033 [Amended] 12. Section 252.225–7033 is amended in the introductory text by removing ‘‘225.1101(8)’’ and adding in its place ‘‘225.1101(9)’’. ■ 252.225–7035 [Amended] 13. Section 252.225–7035 is amended in the introductory text and in Alternate I by removing ‘‘225.1101(9)’’ and adding in its place ‘‘225.1101(10)’’. ■ 252.225–7036 [Amended] 14. Section 252.225–7036 is amended in the introductory text and in Alternate I by removing ‘‘225.1101(10)’’ and adding in its place ‘‘225.1101(11)’’. ■ [FR Doc. E8–21376 Filed 9–12–08; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE B. Regulatory Flexibility Act Defense Acquisition Regulations System 48 CFR Part 237 RIN 0750–AG04 Defense Federal Acquisition Regulation Supplement; Limitation on Service Contracts for Military Flight Simulators (DFARS Case 2008–D013) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 883(b) of the National Defense Authorization Act for Fiscal Year 2008. Section 883(b) changed the conditions under which DoD may waive the prohibition on entering into a service contract to acquire a military flight simulator. DATES: Effective Date: September 15, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0302; facsimile 703–602–7887. Please cite DFARS Case 2008–D013. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with RULES A. Background Section 832 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109–364) established a prohibition on the award of a DoD service contract for the acquisition of a military flight simulator, unless the 17:00 Sep 12, 2008 Jkt 214001 This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2008–D013. C. Paperwork Reduction Act SUMMARY: VerDate Aug<31>2005 Secretary of Defense determines that a waiver is necessary for national security purposes and provides an economic analysis to the congressional defense committees. This prohibition and the waiver authority are implemented at DFARS 237.102–71. Section 883(b) of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) amended the conditions for waiver in Section 832 of Public Law 109–364 by replacing ‘‘necessary for national security purposes’’ with ‘‘in the national interest’’. This final rule amends DFARS 237.102–71 to reflect the change made by Section 883(b) of Public Law 110– 181. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 237 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 237 is amended as follows: ■ PART 237—SERVICE CONTRACTING 1. The authority citation for 48 CFR part 237 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 237.102–71 is amended by revising paragraph (b) introductory text and paragraph (b)(1) to read as follows: ■ 237.102–71 Limitation on service contracts for military flight simulators. * * * * * (b) Under Section 832 of Public Law 109–364, as amended by Section 883(b) PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 of Public Law 110–181, DoD is prohibited from entering into a service contract to acquire a military flight simulator. However, the Secretary of Defense may waive this prohibition with respect to a contract, if the Secretary— (1) Determines that a waiver is in the national interest; and * * * * * [FR Doc. E8–21374 Filed 9–12–08; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 237 RIN 0750–AF64 Defense Federal Acquisition Regulation Supplement; SecurityGuard Functions (DFARS Case 2006– D050) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. AGENCY: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 343 of the National Defense Authorization Act for Fiscal Year 2008. Section 343 extends, through September 30, 2012, the period during which contractor performance of security-guard functions at military installations or facilities is authorized to fulfill additional requirements resulting from the terrorist attacks on the United States on September 11, 2001. DATES: Effective date: September 15, 2008. Comment date: Comments on the interim rule should be submitted to the address shown below on or before November 14, 2008, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006–D050, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D050 in the subject line of the message. • Fax: 703–602–7887. • Mail: Defense Acquisition Regulations System, Attn: Mr. Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Page 53156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21374]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 237

RIN 0750-AG04


Defense Federal Acquisition Regulation Supplement; Limitation on 
Service Contracts for Military Flight Simulators (DFARS Case 2008-D013)

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

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 883(b) 
of the National Defense Authorization Act for Fiscal Year 2008. Section 
883(b) changed the conditions under which DoD may waive the prohibition 
on entering into a service contract to acquire a military flight 
simulator.

DATES: Effective Date: September 15, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
0302; facsimile 703-602-7887. Please cite DFARS Case 2008-D013.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 832 of the National Defense Authorization Act for Fiscal 
Year 2007 (Pub. L. 109-364) established a prohibition on the award of a 
DoD service contract for the acquisition of a military flight 
simulator, unless the Secretary of Defense determines that a waiver is 
necessary for national security purposes and provides an economic 
analysis to the congressional defense committees. This prohibition and 
the waiver authority are implemented at DFARS 237.102-71.
    Section 883(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181) amended the conditions for waiver in 
Section 832 of Public Law 109-364 by replacing ``necessary for national 
security purposes'' with ``in the national interest''. This final rule 
amends DFARS 237.102-71 to reflect the change made by Section 883(b) of 
Public Law 110-181.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2008-D013.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 237

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 237 is amended as follows:

PART 237--SERVICE CONTRACTING

0
1. The authority citation for 48 CFR part 237 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


0
2. Section 237.102-71 is amended by revising paragraph (b) introductory 
text and paragraph (b)(1) to read as follows:


237.102-71  Limitation on service contracts for military flight 
simulators.

* * * * *
    (b) Under Section 832 of Public Law 109-364, as amended by Section 
883(b) of Public Law 110-181, DoD is prohibited from entering into a 
service contract to acquire a military flight simulator. However, the 
Secretary of Defense may waive this prohibition with respect to a 
contract, if the Secretary--
    (1) Determines that a waiver is in the national interest; and
* * * * *
[FR Doc. E8-21374 Filed 9-12-08; 8:45 am]
BILLING CODE 5001-08-P

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