Defense Federal Acquisition Regulation Supplement: Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022), 56333-56334 [2014-22369]

Download as PDF 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)). * * * * * 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: asabaliauskas on DSK5VPTVN1PROD with PROPOSALS ■ ■ 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 http:// 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 * * * * * (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: http:// 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: ■ * * * * (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]


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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: http://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 http://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