Defense Federal Acquisition Regulation Supplement; Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025), 14588-14589 [2011-6235]
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 828 of
the National Defense Authorization Act
for Fiscal Year 2008.
DATES: Effective Date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule at 75
FR 34942 on June 21, 2010, to amend
DFARS parts 217 and 241 to authorize
the Department of Defense to enter into
a contract for a period not to exceed 10
years for the purchase of electricity from
sources of renewable energy, as that
term is defined in section 203(b)(2) of
the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2)). Section 828 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2008 (Pub. L. 110–181)
authorizes DoD to enter into a contract
for a period in excess of five years only
if the head of the contracting activity
determined, on the basis of a business
case analysis prepared by DoD, that—
(1) The proposed purchase of
electricity under such contract is cost
effective; and
(2) It would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
II. Executive Order 12866
This rule is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
Executive Order 12866, Regulatory
Planning and Review, dated September
30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public, and is consistent with DoD’s
intent to purchase electricity from
sources of renewable energy in the most
cost-effective manner.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
IV. Regulatory Flexibility Act
This final rule is not expected to 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 there are a very limited number
of small businesses engaged in the sale
of energy-related services, to include the
sale of renewable energy. The market for
renewable fuels is highly volatile and is
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
less predictable than other fuel markets.
Renewable-energy and alternative-fuel
projects are capital-intensive
investments and involve the
construction of production facilities,
which limits small-entity participation.
Although no significant economic
impact on small business is anticipated,
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis is
summarized below and may be obtained
from the point of contact specified
herein. The analysis is summarized as
follows:
The objective of this rule is to
implement section 828 of the NDAA for
FY 2008. Section 828 authorized the
Department of Defense (DoD) to enter
into a contract for a period not to exceed
10 years for the purchase of electricity
from sources of renewable energy, as
that term is defined in section
203(b)(2)of the Energy Policy Act of
2005 (42 U.S.C. 15852(b)(2)). This final
rule establishes the conditions under
which the head of the contracting
activity may enter into a contract for the
purchase of renewable energy not to
exceed 10 years. Section 828 allows
DoD to award a contract for a period in
excess of five years: (1) Only after a
determination of the cost effectiveness
of the proposed purchase has been made
based upon a business case analysis,
and (2) if it would not be possible to
purchase electricity from the source in
an economical manner without the use
of a contract for a period in excess of
five years.
This final rule will apply to DoD
contractors engaged in the sale of
energy-related services to include the
sale of renewable energy.
This rule does not duplicate, overlap,
or conflict with any other Federal rules.
DoD considers the approach described
in the interim rule published at 75 FR
34942 on June 21, 2010, to be the most
practical and beneficial for both
Government and industry.
DoD invited comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities. No comments
were received.
V. Paperwork Reduction Act
This rule does not impose additional
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).
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Parts 217 and
241
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 217 and 241,
which was published at 75 FR 34942 on
June 21, 2010, is adopted as a final rule
without change.
[FR Doc. 2011–6233 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
RIN 0750–AH17
Defense Federal Acquisition
Regulation Supplement;
Nonavailability Exception for
Procurement of Hand or Measuring
Tools (DFARS Case 2011–D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
to implement section 847 of the
National Defense Authorization Act for
Fiscal Year 2011. Section 847 provides
a nonavailability exception to the
requirement at 10 U.S.C. 2533a (Berry
Amendment) to acquire only domestic
hand or measuring tools.
DATES: Effective date: March 17, 2011.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before May 16, 2011, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D025,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D025’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D025.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D025’’ on your
attached document.
SUMMARY:
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D025 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Amy G.
Williams, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://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. Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends DFARS
225.7002–2 to implement section 847 of
the National Defense Authorization Act
for Fiscal Year 2011 (Pub. L. 111–383).
Section 847 provides a nonavailability
exception to the requirement at 10
U.S.C. 2533a (Berry Amendment) to
acquire only domestic hand or
measuring tools. The nonavailability
exception was previously limited to the
items covered in 10 U.S.C. 2533(b)(1).
II. Executive Order 12866
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public and is consistent with DoD’s
requirement to acquire domestic hand
or measuring tools unless an authorized
exception applies.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
IV. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule allows purchase of hand or
measuring tools from foreign sources
only when such tools are not available
from domestic sources. If no domestic
sources produce the tools, then allowing
purchase from a foreign source will not
impact any U.S. small business.
Therefore, an initial regulatory
VerDate Mar<15>2010
11:10 Mar 16, 2011
Jkt 223001
14589
flexibility analysis has not been
performed.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D025) in
correspondence.
[FR Doc. 2011–6235 Filed 3–16–11; 8:45 am]
V. Paperwork Reduction Act
48 CFR Parts 225 and 252
The rule does not impose 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.
RIN 0750–AH18
VI. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of
Defense, that urgent and compelling
reasons exist to publish an interim rule
prior to affording the public an
opportunity to comment. This interim
rule implements section 847 of the
National Defense Authorization Act for
Fiscal Year 2011. This requirement
became effective upon enactment,
January 7, 2011. This action is necessary
in order to enable contracting officers to
acquire hand or measuring tools that are
not available from domestic sources.
Comments received in response to this
interim rule will be considered in the
formation of the final rule.
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
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:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. In section 225.7002–2, the
introductory text of paragraph (b) is
revised to read as follows:
■
225.7002–2
Exceptions.
*
*
*
*
*
(b) Acquisitions of any of the items in
225.7002–1, if the Secretary concerned
determines that items grown,
reprocessed, reused, or produced in the
United States cannot be acquired as and
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
when needed in a satisfactory quality
and sufficient quantity at U.S. market
prices. (See the requirement in 205.301
for synopsis within 7 days after contract
award when using this exception.)
*
*
*
*
*
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Defense Federal Acquisition
Regulation Supplement; Repeal of
Restriction on Ballistic Missile Defense
Research, Development, Test, and
Evaluation (DFARS Case 2011–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
implement section 222 of the National
Defense Authorization Act for Fiscal
Year 2011 (Pub. L. 111–383). Section
222 repeals the restriction on purchase
of Ballistic Missile Defense research,
development, test, and evaluation from
foreign sources.
DATES: Effective date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP/DARS Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301–3060.
Telephone 703–602–0328; facsimile
703–602–0350.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This final rule amends DFARS
subpart 225.70 by deleting section
225.7016 and the associated clause at
DFARS 252.225–7018, because section
222 of the National Defense
Authorization Act for Fiscal Year 2011
(Pub. L. 111–383) repealed the
restriction from foreign sources of
acquisition of Ballistic Missile Defense
research, development, test, and
evaluation that was required by section
222 of the DoD Authorization Act for
Fiscal Years 1988 and 1989.
II. Executive Order 12866
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This rule is not
considered a major rule under 5 U.S.C.
804.
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14588-14589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6235]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AH17
Defense Federal Acquisition Regulation Supplement;
Nonavailability Exception for Procurement of Hand or Measuring Tools
(DFARS Case 2011-D025)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule to implement section 847 of the
National Defense Authorization Act for Fiscal Year 2011. Section 847
provides a nonavailability exception to the requirement at 10 U.S.C.
2533a (Berry Amendment) to acquire only domestic hand or measuring
tools.
DATES: Effective date: March 17, 2011.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before May 16, 2011, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2011-D025, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2011-D025'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2011-D025.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2011-D025'' on your attached
document.
[[Page 14589]]
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2011-D025 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Amy G.
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://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. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends DFARS 225.7002-2 to implement section 847
of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L.
111-383). Section 847 provides a nonavailability exception to the
requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only
domestic hand or measuring tools. The nonavailability exception was
previously limited to the items covered in 10 U.S.C. 2533(b)(1).
II. Executive Order 12866
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. This rule is not
a major rule under 5 U.S.C. 804.
III. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public and is consistent with
DoD's requirement to acquire domestic hand or measuring tools unless an
authorized exception applies.
IV. Regulatory Flexibility Act
DoD does not expect this rule to have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
allows purchase of hand or measuring tools from foreign sources only
when such tools are not available from domestic sources. If no domestic
sources produce the tools, then allowing purchase from a foreign source
will not impact any U.S. small business. Therefore, an initial
regulatory flexibility analysis has not been performed.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D025) in
correspondence.
V. Paperwork Reduction Act
The rule does not impose 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.
VI. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense, that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements section 847 of the National Defense
Authorization Act for Fiscal Year 2011. This requirement became
effective upon enactment, January 7, 2011. This action is necessary in
order to enable contracting officers to acquire hand or measuring tools
that are not available from domestic sources. Comments received in
response to this interim rule will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
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. In section 225.7002-2, the introductory text of paragraph (b) is
revised to read as follows:
225.7002-2 Exceptions.
* * * * *
(b) Acquisitions of any of the items in 225.7002-1, if the
Secretary concerned determines that items grown, reprocessed, reused,
or produced in the United States cannot be acquired as and when needed
in a satisfactory quality and sufficient quantity at U.S. market
prices. (See the requirement in 205.301 for synopsis within 7 days
after contract award when using this exception.)
* * * * *
[FR Doc. 2011-6235 Filed 3-16-11; 8:45 am]
BILLING CODE 5001-08-P
