Defense Federal Acquisition Regulation Supplement: Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022), 56333-56334 [2014-22369]
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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Proposed Rules
Pub. L. 105–56 and similar sections in
subsequent DoD appropriations acts); or
(iv) Include a cancellation ceiling in
excess of $125 million (see 10 U.S.C.
2306c(d)(4) and 10 U.S.C. 2306b(g)(1)).
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*
217.171
[Amended]
4. Amend section 217.171 by—
a. In the introductory text of
paragraph (a), removing ‘‘(10 U.S.C.
2306c)’’ and adding ‘‘(10 U.S.C.
2306c(a))’’ in its place;
■ b. In paragraph (a)(5)(iii), adding ‘‘(10
U.S.C. 2306c(b))’’ at the end of the
sentence, before the period;
■ c. In paragraph (b)(3), adding ‘‘(10
U.S.C. 2306c(c))’’ at the end of the
sentence, before the period;
■ d. In paragraph (c)(3), adding ‘‘(10
U.S.C. 2306c(a))’’ at the end of the
sentence, before the period; and
■ e. In paragraph (d), removing ‘‘(10
U.S.C. 2306(c))’’ and adding ‘‘(10 U.S.C.
2306c(d)(2))’’ in its place.
■ 5. Amend section 217.172 by—
■ a. Revising paragraph (c);
■ b. Redesignating paragraphs (d)
through (h) as paragraphs (e) through (i),
respectively;
■ c. Adding a new paragraph (d);
■ d. In newly redesignated paragraph
(f)(1), adding a parenthesis to close the
parenthetical phrase ‘‘(when entered
into or extended)’’ and removing ‘‘(10
U.S.C. 2306b(1)(5))’’ and adding ‘‘(10
U.S.C. 2306b(l)(5))’’ in its place.
■ e. In newly redesignated paragraph
(f)(2), removing the parenthetical
reference ‘‘(10 U.S.C. 2306b(a)(l)(7))’’;
■ f. In newly redesignated paragraph
(g)(1), adding the parenthetical reference
‘‘(10 U.S.C. 2306b(h)(1))’’ before the
semicolon;
■ g. In newly redesignated paragraph
(g)(2), adding the parenthetical reference
‘‘(10 U.S.C. 2306b(h)(2))’’ at the end of
the first sentence, before the period;
■ h. In newly redesignated paragraph
(h)(2)(vii)—
■ i. Adding the parenthetical reference
‘‘(10 U.S.C. 2306b(i)(1)(G))’’ at the end
of the first sentence before the period,
and removing it from the end of the
second sentence; and
■ ii. Removing ‘‘USD(C)(P/B)’’ and
adding ‘‘OUSD(C)(P/B)’’ in its place.
■ i. In newly redesignated paragraph
(h)(2)(viii) introductory text, removing
‘‘USD(C)(P/B)’’ and adding
‘‘OUSD(C)(P/B)’’ in its place.
■ j. In newly redesignated paragraph
(h)(8) introductory text, removing the
parenthetical reference ‘‘(10 U.S.C.
2306b(i)(2))’’; and
■ k. Adding a new paragraph (j).
The revisions and additions read as
follows:
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■
■
VerDate Sep<11>2014
16:59 Sep 18, 2014
Jkt 232001
217.172
Multiyear contracts for supplies.
56333
48 CFR Part 225
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D022.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D022’’ on your attached document.
• Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D022 in the subject
line of the message.
• Fax: 571–372–6094.
• Mail: Defense Acquisition
Regulations System, Attn: Amy G.
Williams, OUSD(AT&L)DPAP/DARS,
Room 3B941, 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 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 G. Williams, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6106.
SUPPLEMENTARY INFORMATION:
RIN 0750–AI36
I. Background
Defense Federal Acquisition
Regulation Supplement: Domestic
Source Restrictions on Certain Naval
Vessel Components (DFARS Case
2014–D022)
DoD is proposing to revise DFARS
225.7010 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.
These restrictions are currently
implemented in the acquisition
regulations of the Defense Logistics
Agency and the Department of the Navy,
the two DoD components that acquire
such naval vessel components. The
restrictions are now being incorporated
into the DFARS because they impact
more than one DoD component.
10 U.S.C. 2534 prohibits acquisition
of these naval vessel components,
unless they are manufactured in the
United States or Canada, except for
acquisitions that do not exceed the
simplified acquisition threshold or
acquisitions of spare or repair parts
needed to support components for naval
vessels manufactured outside the
United States.
The waiver criteria at DFARS
225.7008(a) apply to this restriction.
The Under Secretary of Defense
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*
*
*
*
(c) Multiyear contracts in amounts
exceeding $500 million must be
specifically authorized by law in an act
other than an appropriations act (10
U.S.C. 2306b(i)(3)).
(d) The head of an agency may not
initiate a multiyear procurement
contract for any system (or component
thereof) if the value of the multiyear
contract would exceed $500 million
unless authority for the contract is
specifically provided in an
appropriations act (10 U.S.C.
2306b(l)(3)).
*
*
*
*
*
(j) Any requests for increased funding
or reprogramming for procurement of a
major system under a multiyear contract
shall be accompanied by an explanation
of how the request for increased funding
affects the determinations made by the
Secretary of Defense under 217.172(g)(2)
(10 U.S.C. 2306b(m)).
[FR Doc. 2014–22368 Filed 9–18–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement the statutory domestic
source restrictions on acquisition of
certain naval vessel components.
DATES: Comment date: Comments on the
proposed rule should be submitted in
writing to the address shown below on
or before November 18, 2014, to be
considered in the formation of a final
rule.
SUMMARY:
Submit comments
identified by DFARS Case 2014–D022,
using any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D022’’
under the heading ‘‘Enter keyword or
ADDRESSES:
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
E:\FR\FM\19SEP1.SGM
19SEP1
56334
Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Proposed Rules
(Acquisition, Technology, and Logistics)
has waived this restriction for certain
defense items manufactured in the
United Kingdom, including these naval
vessel components (see 79 FR 11770,
dated March 3, 2014).
10 U.S.C. 2534(h) prohibits the use of
a contract clause or certification to
implement this restriction.
II. 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.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
DoD does not expect this rule 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 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. 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
16:59 Sep 18, 2014
Jkt 232001
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).
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.
List of Subjects in 48 CFR Part 225
225.7010–2
IV. Paperwork Reduction Act
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
proposed to be 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. Amend section 225.7008 by
revising paragraph (b) to read as follows:
■
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*
*
*
(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 section 225.7010 to read as
follows:
225.7010 Restriction on certain naval
vessel components.
4. Add sections 225.7010–1,
225.7010–2, 225.7010–3, and 225.7010–
4 to read as follows:
■
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
PO 00000
Frm 00047
Fmt 4702
Sfmt 9990
Exceptions.
This restriction does not apply to—
(a) Contracts of 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
225.7008 Waiver of restrictions of 10
U.S.C. 2534.
*
III. Regulatory Flexibility Act
VerDate Sep<11>2014
comments separately and should cite 5
U.S.C 610 (DFARS Case 2014–D022), in
correspondence.
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.
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. 2014–22369 Filed 9–18–14; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\19SEP1.SGM
19SEP1
]]>Agencies
[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Proposed Rules]
[Pages 56333-56334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22369]
-----------------------------------------------------------------------
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the statutory domestic
source restrictions on acquisition of certain naval vessel components.
DATES: Comment date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before November 18, 2014,
to be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2014-D022, using
any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``DFARS Case
2014-D022'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2014-D022.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2014-D022'' on your attached document.
Email: osd.dfars@mail.mil. Include DFARS Case 2014-D022 in
the subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Amy G.
Williams, OUSD(AT&L)DPAP/DARS, Room 3B941, 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 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 G. Williams, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise DFARS 225.7010 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.
These restrictions are currently implemented in the acquisition
regulations of the Defense Logistics Agency and the Department of the
Navy, the two DoD components that acquire such naval vessel components.
The restrictions are now being incorporated into the DFARS because they
impact more than one DoD component.
10 U.S.C. 2534 prohibits acquisition of these naval vessel
components, unless they are manufactured in the United States or
Canada, except for acquisitions that do not exceed the simplified
acquisition threshold or acquisitions of spare or repair parts needed
to support components for naval vessels manufactured outside the United
States.
The waiver criteria at DFARS 225.7008(a) apply to this restriction.
The Under Secretary of Defense
[[Page 56334]]
(Acquisition, Technology, and Logistics) has waived this restriction
for certain defense items manufactured in the United Kingdom, including
these naval vessel components (see 79 FR 11770, dated March 3, 2014).
10 U.S.C. 2534(h) prohibits the use of a contract clause or
certification to implement this restriction.
II. 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.
III. Regulatory Flexibility Act
DoD does not expect this rule 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 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. 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 2014-D022), in
correspondence.
IV. 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 proposed to be 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 section 225.7010 to read as follows:
225.7010 Restriction on certain naval vessel components.
0
4. Add sections 225.7010-1, 225.7010-2, 225.7010-3, and 225.7010-4 to
read as follows:
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 of 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.
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. 2014-22369 Filed 9-18-14; 8:45 am]
BILLING CODE 5001-06-P
