Defense Federal Acquisition Regulation Supplement: Acquisitions in Support of Operations in Afghanistan (DFARS Case 2013-D009), 11342-11343 [2014-04152]
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11342
Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations
4. Correct 252.225–7029 clause title in
the eCFR.
II. Discussion and Analysis
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Parts 204,
225, and 252
48 CFR Parts 206, 212, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
RIN 0750–AH98
Therefore, 48 CFR parts 204, 225, and
252 is amended as follows:
1. The authority citation for 48 CFR
parts 204, 225, and 252 continues to
read as follows:
Defense Federal Acquisition
Regulation Supplement: Acquisitions
in Support of Operations in
Afghanistan (DFARS Case 2013–D009)
AGENCY:
■
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
204.1105
[Amended]
2. Section 204.1105 is amended by
removing the word ‘‘clause’’ and adding
the word ‘‘provision’’ in its place.
■
204.7103–1
[Amended]
3. Section 204.7103–1 is amended, in
paragraph (d), by removing ‘‘See
204.7105(a).’’ and adding ‘‘See
204.7105.’’ in its place.
■
PART 225—AMENDED
225.004
[Redesignated as 225.070]
4. Section 225.004 is redesignated as
225.070 and revised to read as follows:
■
225.070 Reporting of acquisition of end
products manufactured outside the United
States.
Follow the procedures at PGI 225.070
for entering the data on the acquisition
of end products manufactured outside
the United States.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.204–7004
[Amended]
5. Section 252.225–7004 is amended
by—
■ a. Removing the clause date ‘‘(MAY
2013)’’ and adding ‘‘(FEB 2014)’’ in its
place.
■ b. Removing, in paragraph (a), the
word ‘‘clause’’ and adding the word
‘‘provision’’ in its place.
emcdonald on DSK67QTVN1PROD with RULES
■
252.225–7029
[Amended]
6. Section 252.225–7029 clause title is
amended by removing the word ‘‘the’’ in
two places.
■
[FR Doc. 2014–04160 Filed 2–27–14; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
16:46 Feb 27, 2014
Jkt 232001
DoD has adopted as final,
with changes, an interim rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement two sections of the National
Defense Authorization Act for Fiscal
Year 2013 that require compliance with
domestic source restrictions in the case
of any textile components supplied by
DoD to the Afghan National Army or the
Afghan National Police for purposes of
production of uniforms, and eliminate
the application of the enhanced
authority to acquire products and
services from Iraq.
DATES: Effective February 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
PART 204—ADMINISTRATIVE
MATTERS
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule to
implement sections 826 and 842 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2013 (Pub.
L. 112–239).
Section 826 requires compliance with
10 U.S.C. 2533a (the Berry Amendment)
in the case of any textile components
supplied by DoD to the Afghan National
Army or the Afghan National Police for
purposes of production of uniforms. The
law further states that no exception or
exemptions under that section shall
apply.
Section 842 modifies section 886 of
the NDAA for FY 2008 (Pub. L. 110–
181), which provided enhanced
authority to acquire products and
services from Iraq and Afghanistan in
support of operations in Iraq or
Afghanistan. Section 842 eliminates
application of the enhanced authority to
acquisition of products and services
from Iraq.
One respondent submitted a public
comment in response to the interim
rule.
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Fmt 4700
Sfmt 4700
DoD reviewed the public comment in
the development of the final rule. A
discussion of the comment is provided
below. No changes are made to the final
based on this comment, however, one
change is being made to correct the
electronic Code of Federal Regulations.
A. Analysis of Public Comment
Comment: The respondent stated that
under the interim rule, DFARS
225.7703–4(f) and (g) state that certain
provisions and clauses prescribed in
DFARS subpart 225.11 should not be
used when certain provisions and
clauses prescribed in 225.7703–4 are
included. The respondent asserts that
the prescriptions for the affected
provisions and clauses in DFARS
subpart 225.11 should contain these
exceptions, but do not.
Response: Paragraphs (f) and (g) of
DFARS 225.7703–4 were not added by
the interim rule but were just
redesignated from prior paragraphs (e)
and (f). The prescriptions for the
provisions and clauses addressed in
225.7703–4(f) and (g) do contain the
appropriate exceptions, which are
summarized below.
• 252.225–7000 is prescribed at
225.1101(1) for use only when the
clause at 252.225–7001 is used.
• 252.225–7001 is prescribed at
225.1101(2). Paragraph (i)(C) of the
prescription provides an exception if all
line items will be acquired using a
procedure specified in 225.7703–1(a).
Use of the procedures at 225.7703–1(a)
requires use of provisions and clauses
252.225–7023, 252.225–7024, or
252.225–7024.
• 252.225–7002 is prescribed at
225.1101(3) for use only when 252.225–
7001, 252.225–7021, or 252.225–7036
are used. Since an exception is provided
for the use of 252.225–7001 and
252.225–7036 when using the
procedures at 225.7703–1(a), and
252.225–7021 is not included if
252.225–7026 is included, these
exceptions also apply to the use of
252.225–7002.
• 252.225–7020 is prescribed at
225.1101((5) for use only when
252.225–7021 is used.
• 252.225–7021 is prescribed for use
at 225.1101(6). Paragraph (iii)(B) of the
prescription provides an exception if
the clause at 252.225–7026 is included
in the solicitation and contract.
• 252.225–7035 is prescribed at
225.1101((9) for use only when
252.225–7036 is used.
• 252.225–7036 is prescribed for use
at 225.1101(10). Paragraph (iii)(C) of the
prescription provides an exception if
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Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations
using the procedures specified in
225.7703–1(a).
• 252.225–7045 and 252.225–7046
are prescribed for use at 225.7503,
unless the entire acquisition is exempt
from the Balance of Payments program.
The policy at 225.7501(a)(5) exempts
acquisitions when use of a procedure
specified in 225.7703–1(a) is authorized
for an acquisition in support of
operations in Afghanistan.
B. Other Changes
Section 225.1101(6)(i) is being revised
to correct the electronic Code of Federal
Regulations. In the prescription for
clause 252.225–7021, the phrase
‘‘instead of the clause at FAR 52.225–5,
Trade Agreements,’’ which had been
inadvertently omitted, is reinstated.
emcdonald on DSK67QTVN1PROD with RULES
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
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule implements sections 826
and 842 of the National Defense
Authorization Act for Fiscal Year 2013
(Pub. L. 112–239). The objective of the
rule is to (1) require compliance with
domestic source restrictions in the case
of any textile components supplied by
DoD to the Afghan National Army or the
Afghan National Police for purposes of
production of uniforms, and (2)
eliminate the application of the
enhanced authority to acquire products
and services from Iraq. The legal basis
is the above-cited statutes.
The number of small entities to be
affected by the rule is not known. The
rule has the potential to impact entities
that manufacture textile components, if
purchased by DoD to supply to the
Afghan National Army or the Afghan
National Police for purposes of
VerDate Mar<15>2010
16:46 Feb 27, 2014
Jkt 232001
production of uniforms. Any impact is
expected to be beneficial, because it will
require purchase from a domestic
source.
No comments were received from the
public on the Regulatory Flexibility
analysis. No comments were received
from the Chief Counsel for Advocacy of
the Small Business Administration.
There are no projected reporting,
recordkeeping, or other compliance
requirements.
DoD was unable to identify any
significant alternatives consistent with
the stated objectives of the statute. DoD
does not anticipate any significant
economic impact on small entities. Any
impact is expected to be beneficial.
DEPARTMENT OF COMMERCE
V. Paperwork Reduction Act
SUMMARY:
11343
The rule contains 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);
however, these changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0229,
entitled Defense Federal Acquisition
Regulation Supplement; Part 225 and
Related Clauses (Total approved burden
hours—57,135).
List of Subjects in 48 CFR Parts 206,
212, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD amends 48 CFR parts
206, 212, 225, and 252 as follows:
PART 225–FOREIGN ACQUISITION
1. The authority citation for part 225
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
225.1101
[Amended]
2. Section 225.1101(6)(i) is amended
by removing ‘‘Use the clause at
252.225–7021, Trade Agreements, in
solicitations and contracts,’’ and adding
in its place ‘‘Use the clause at 252.225–
7021, Trade Agreements, instead of the
clause at FAR 52.225–5, Trade
Agreements, in solicitations and
contracts,’’.
■
[FR Doc. 2014–04152 Filed 2–27–14; 8:45 am]
BILLING CODE 5001–06–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130822744–4144–02]
RIN 0648–BD63
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Change to Start of Pacific Sardine
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
change the starting date of the annual
Pacific sardine fishery from January 1 to
July 1. This changes the annual fishing
season from one based on the calendar
year to one based on a July 1 through
the following June 30th schedule. No
other changes to the annual allocation
structure are being made and the
existing seasonal allocation percentages
will remain as specified in the FMP, as
would the current quota roll-over
provisions. This rule also establishes a
one-time interim harvest allocation
period from January 1, 2014 through
June 30, 2014 to allow for continued
fishing during the transition from a
January to July start of the fishing
season. The purpose of this final rule is
to better align the timing of the research
and science that is used in the annual
stock assessments with the annual
management schedule. To enable this
transition in fishing years, this action
also establishes a one-time interim
harvest period for the 6 months from
January 1, 2014, through June 30, 2014.
DATES: Effective March 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: This final
rule changes the start date of the 12month Pacific sardine fishery from
January 1 to July 1, thus changing the
fishing season for Pacific sardine from
one based on the calendar year to one
beginning on July 1 and continuing
through June 30th of the following year.
The purpose of this change is to better
align the timing of the research and
science used in the annual stock
assessments with the annual
management schedule, as the present
schedule imposes substantial challenges
in terms of survey data availability
relative to the timing of stock
assessments.
E:\FR\FM\28FER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Rules and Regulations]
[Pages 11342-11343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04152]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 206, 212, 225, and 252
RIN 0750-AH98
Defense Federal Acquisition Regulation Supplement: Acquisitions
in Support of Operations in Afghanistan (DFARS Case 2013-D009)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement two sections of the National Defense Authorization Act for
Fiscal Year 2013 that require compliance with domestic source
restrictions in the case of any textile components supplied by DoD to
the Afghan National Army or the Afghan National Police for purposes of
production of uniforms, and eliminate the application of the enhanced
authority to acquire products and services from Iraq.
DATES: Effective February 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule to implement sections 826 and 842 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013
(Pub. L. 112-239).
Section 826 requires compliance with 10 U.S.C. 2533a (the Berry
Amendment) in the case of any textile components supplied by DoD to the
Afghan National Army or the Afghan National Police for purposes of
production of uniforms. The law further states that no exception or
exemptions under that section shall apply.
Section 842 modifies section 886 of the NDAA for FY 2008 (Pub. L.
110-181), which provided enhanced authority to acquire products and
services from Iraq and Afghanistan in support of operations in Iraq or
Afghanistan. Section 842 eliminates application of the enhanced
authority to acquisition of products and services from Iraq.
One respondent submitted a public comment in response to the
interim rule.
II. Discussion and Analysis
DoD reviewed the public comment in the development of the final
rule. A discussion of the comment is provided below. No changes are
made to the final based on this comment, however, one change is being
made to correct the electronic Code of Federal Regulations.
A. Analysis of Public Comment
Comment: The respondent stated that under the interim rule, DFARS
225.7703-4(f) and (g) state that certain provisions and clauses
prescribed in DFARS subpart 225.11 should not be used when certain
provisions and clauses prescribed in 225.7703-4 are included. The
respondent asserts that the prescriptions for the affected provisions
and clauses in DFARS subpart 225.11 should contain these exceptions,
but do not.
Response: Paragraphs (f) and (g) of DFARS 225.7703-4 were not added
by the interim rule but were just redesignated from prior paragraphs
(e) and (f). The prescriptions for the provisions and clauses addressed
in 225.7703-4(f) and (g) do contain the appropriate exceptions, which
are summarized below.
252.225-7000 is prescribed at 225.1101(1) for use only
when the clause at 252.225-7001 is used.
252.225-7001 is prescribed at 225.1101(2). Paragraph
(i)(C) of the prescription provides an exception if all line items will
be acquired using a procedure specified in 225.7703-1(a). Use of the
procedures at 225.7703-1(a) requires use of provisions and clauses
252.225-7023, 252.225-7024, or 252.225-7024.
252.225-7002 is prescribed at 225.1101(3) for use only
when 252.225-7001, 252.225-7021, or 252.225-7036 are used. Since an
exception is provided for the use of 252.225-7001 and 252.225-7036 when
using the procedures at 225.7703-1(a), and 252.225-7021 is not included
if 252.225-7026 is included, these exceptions also apply to the use of
252.225-7002.
252.225-7020 is prescribed at 225.1101((5) for use only
when 252.225-7021 is used.
252.225-7021 is prescribed for use at 225.1101(6).
Paragraph (iii)(B) of the prescription provides an exception if the
clause at 252.225-7026 is included in the solicitation and contract.
252.225-7035 is prescribed at 225.1101((9) for use only
when 252.225-7036 is used.
252.225-7036 is prescribed for use at 225.1101(10).
Paragraph (iii)(C) of the prescription provides an exception if
[[Page 11343]]
using the procedures specified in 225.7703-1(a).
252.225-7045 and 252.225-7046 are prescribed for use at
225.7503, unless the entire acquisition is exempt from the Balance of
Payments program. The policy at 225.7501(a)(5) exempts acquisitions
when use of a procedure specified in 225.7703-1(a) is authorized for an
acquisition in support of operations in Afghanistan.
B. Other Changes
Section 225.1101(6)(i) is being revised to correct the electronic
Code of Federal Regulations. In the prescription for clause 252.225-
7021, the phrase ``instead of the clause at FAR 52.225-5, Trade
Agreements,'' which had been inadvertently omitted, is reinstated.
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
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This rule implements sections 826 and 842 of the National Defense
Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). The objective
of the rule is to (1) require compliance with domestic source
restrictions in the case of any textile components supplied by DoD to
the Afghan National Army or the Afghan National Police for purposes of
production of uniforms, and (2) eliminate the application of the
enhanced authority to acquire products and services from Iraq. The
legal basis is the above-cited statutes.
The number of small entities to be affected by the rule is not
known. The rule has the potential to impact entities that manufacture
textile components, if purchased by DoD to supply to the Afghan
National Army or the Afghan National Police for purposes of production
of uniforms. Any impact is expected to be beneficial, because it will
require purchase from a domestic source.
No comments were received from the public on the Regulatory
Flexibility analysis. No comments were received from the Chief Counsel
for Advocacy of the Small Business Administration.
There are no projected reporting, recordkeeping, or other
compliance requirements.
DoD was unable to identify any significant alternatives consistent
with the stated objectives of the statute. DoD does not anticipate any
significant economic impact on small entities. Any impact is expected
to be beneficial.
V. Paperwork Reduction Act
The rule contains 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); however, these changes to the
DFARS do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 0704-
0229, entitled Defense Federal Acquisition Regulation Supplement; Part
225 and Related Clauses (Total approved burden hours--57,135).
List of Subjects in 48 CFR Parts 206, 212, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, DoD amends 48 CFR parts 206, 212, 225, and 252 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 CFR Chapter 1.
225.1101 [Amended]
0
2. Section 225.1101(6)(i) is amended by removing ``Use the clause at
252.225-7021, Trade Agreements, in solicitations and contracts,'' and
adding in its place ``Use the clause at 252.225-7021, Trade Agreements,
instead of the clause at FAR 52.225-5, Trade Agreements, in
solicitations and contracts,''.
[FR Doc. 2014-04152 Filed 2-27-14; 8:45 am]
BILLING CODE 5001-06-P
