Defense Federal Acquisition Regulation Supplement: Duty-Free Entry Threshold (DFARS Case 2015-D036), 72673-72674 [2015-29557]

Download as PDF Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules been performed and is summarized as follows: The objective of this proposed rule is to clarify the prescription for use of DFARS clause 252.225–7001, Buy American and Balance of Payments Program, to state that the clause does not apply when (1) the acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, or (2) the acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies. DoD does not expect this proposed rule to have a significant impact on small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it merely clarifies how the clause prescription addresses applicability when an exception to the Buy American statute or Balance of Payments Program applies. This proposed rule does not add any new reporting, recordkeeping, and other compliance requirements. The rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. 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 2015–D037), in correspondence. 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. 225.1100 [Amended] 2. Remove ‘‘Subparts’’ in two places and add ‘‘subparts’’ in their place. ■ 3. Amend section 225.1101 by— ■ a. Revising paragraph (2)(i)(C); ■ b. Redesignating paragraphs (2)(i)(D) and (E) as paragraphs (2)(i)(E) and (F); and ■ c. Adding a new paragraph (2)(i)(D). The revision and addition read as follows: ■ 225.1101 Acquisition of supplies. * * * * * (2)(i) * * * (C) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103); or (D) The acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies (see 225.7501); * * * * * [FR Doc. 2015–29558 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 [Docket DARS–2015–0052] RIN 0750–AI76 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, Foreign Acquisition and related clauses. mstockstill on DSK4VPTVN1PROD with PROPOSALS V. Paperwork Reduction Act Defense Federal Acquisition Regulation Supplement: Duty-Free Entry Threshold (DFARS Case 2015– D036) List of Subjects in 48 CFR Part 225 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 225 is proposed to be amended as follows: VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 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 update the threshold for duty-free entry on foreign supplies that are not qualifying country supplies or eligible foreign supplies. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of the final rule. SUMMARY: PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 72673 Submit comments in response to DFARS Case 2015–D036 by any of the following methods: Æ Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2015–D036’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D036.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2015– D036’’ on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D036 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Kyoung Lee, 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. Kyoung Lee, telephone: 571–372–6093. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background DoD is proposing to revise DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225–7013, DutyFree Entry, by increasing the duty-free entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300. The current threshold was established on April 30, 2003 based on the estimated cost to process a duty-free entry certificate at the time. This proposed rule makes an upward adjustment of the $200 threshold to $300 based on the U.S. Consumer Price Index (CPI) located at https://www.bls.gov/CPI/. 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 E:\FR\FM\20NOP1.SGM 20NOP1 72674 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS 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. DFARS 252.225–7013, currently approved under OMB Control Number 0704–0229, titled Foreign Acquisition, in accordance with the Paperwork Reduction Act (44.U.S.C. chapter 35). The impact, however, is negligible, because this rule only makes an upward adjustment of the duty-free entry threshold from the $200 to $300. 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 rule only makes an upward adjustment of an administrative threshold. However, an initial regulatory flexibility analysis has been prepared consistent with 5 U.S.C. 603 and is summarized as follows: The objective of this rule is to revise DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225–7013, Duty-Free Entry, by increasing the dutyfree entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300. The current threshold, established in 2003, was based on the estimated cost to process a duty-free entry certificate at the time. This rule proposes to make the upward adjustment to reflect annual inflation rates (based on the U.S. Consumer Price Index) that have occurred in the last 12 years. Current data indicates, on average, approximately 31,500 duty-free entry certificates on foreign supplies for DoD per year. DoD does not expect a change in the estimated duty-free entry processes. As such, small entities will not be materially affected by this rule. This rule does not impose any additional reporting, recordkeeping, and other compliance requirements. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. The impact of this rule on small business is not expected to be significant. 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 2015–D036), in correspondence. List of Subjects in 48 CFR Parts 225 and 252 VI. Paperwork Reduction Act The rule affects the information collection requirements in the clause at VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are proposed to be amended as follows: ■ 1. The authority citation for parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 225—FOREIGN ACQUISITION 225.901 [Amended] 2. In section 225.901, amend paragraph (3) by removing ‘‘$200’’ and adding ‘‘$300’’ in its place. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225–7013 [Amended] 3. Amend section 252.225–7013 by— a. Removing the clause date ‘‘(NOV 2014)’’ and adding ‘‘(DATE)’’ in its place; and ■ b. Amending paragraph (b)(3) by removing ‘‘$200’’ and adding ‘‘$300’’ in its place. ■ ■ [FR Doc. 2015–29557 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P I. Background DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 239 [Docket DARS–2015–0046] RIN 0750–AI72 Defense Federal Acquisition Regulation Supplement; Long-Haul Telecommunications (DFARS Case 2015–D023) Department of Defense (DoD). Proposed rule. AGENCY: ACTION: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ‘‘long-haul telecommunications.’’ SUMMARY: PO 00000 Frm 00067 Fmt 4702 Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2015–D023, using any of the following methods: Æ Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2015–D023’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D023.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DARS Case 2015– D023 on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D023 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Kyoung Lee, 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. Kyoung Lee, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: DATES: Sfmt 4702 DoD is proposing to amend DFARS 239.7401 to add a definition of ‘‘longhaul telecommunications.’’ The rule also amends DFARS 239.7402 to provide a pointer to internal Government procedures in DFARS Procedures, Guidance, and Information (PGI) to identify the Defense Information Systems Agency as the sole procurement activity for long-haul telecommunications requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency. 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 E:\FR\FM\20NOP1.SGM 20NOP1

Agencies

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72673-72674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29557]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2015-0052]
RIN 0750-AI76

Defense Federal Acquisition Regulation Supplement: Duty-Free
Entry Threshold (DFARS Case 2015-D036)

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 update the threshold for duty-free
entry on foreign supplies that are not qualifying country supplies or
eligible foreign supplies.

DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before January 19, 2016, to be considered
in the formation of the final rule.

ADDRESSES: Submit comments in response to DFARS Case 2015-D036 by any
of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D036''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2015-D036.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2015-D036'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D036 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Kyoung Lee, 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. Kyoung Lee, telephone: 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

DoD is proposing to revise DFARS 225.9, Customs and Duties, and the
clause at DFARS 252.225-7013, Duty-Free Entry, by increasing the duty-
free entry threshold on nonqualifying country supplies and ineligible
foreign supplies from $200 to $300. The current threshold was
established on April 30, 2003 based on the estimated cost to process a
duty-free entry certificate at the time. This proposed rule makes an
upward adjustment of the $200 threshold to $300 based on the U.S.
Consumer Price Index (CPI) located at https://www.bls.gov/CPI/.

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

[[Page 72674]]

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 rule
only makes an upward adjustment of an administrative threshold.
However, an initial regulatory flexibility analysis has been prepared
consistent with 5 U.S.C. 603 and is summarized as follows:
The objective of this rule is to revise DFARS 225.9, Customs and
Duties, and the clause at DFARS 252.225-7013, Duty-Free Entry, by
increasing the duty-free entry threshold on nonqualifying country
supplies and ineligible foreign supplies from $200 to $300. The current
threshold, established in 2003, was based on the estimated cost to
process a duty-free entry certificate at the time. This rule proposes
to make the upward adjustment to reflect annual inflation rates (based
on the U.S. Consumer Price Index) that have occurred in the last 12
years.
Current data indicates, on average, approximately 31,500 duty-free
entry certificates on foreign supplies for DoD per year. DoD does not
expect a change in the estimated duty-free entry processes. As such,
small entities will not be materially affected by this rule.
This rule does not impose any additional reporting, recordkeeping,
and other compliance requirements. This rule does not duplicate,
overlap, or conflict with any other Federal rules. There are no known
significant alternatives to the rule. The impact of this rule on small
business is not expected to be significant.
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 2015-
D036), in correspondence.

VI. Paperwork Reduction Act

The rule affects the information collection requirements in the
clause at DFARS 252.225-7013, currently approved under OMB Control
Number 0704-0229, titled Foreign Acquisition, in accordance with the
Paperwork Reduction Act (44.U.S.C. chapter 35). The impact, however, is
negligible, because this rule only makes an upward adjustment of the
duty-free entry threshold from the $200 to $300.

List of Subjects in 48 CFR Parts 225 and 252

Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 225 and 252 are proposed to be amended as
follows:

0
1. The authority citation for parts 225 and 252 continues to read as
follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION

225.901 [Amended]

0
2. In section 225.901, amend paragraph (3) by removing ``$200'' and
adding ``$300'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.225-7013 [Amended]

0
3. Amend section 252.225-7013 by--
0
a. Removing the clause date ``(NOV 2014)'' and adding ``(DATE)'' in its
place; and
0
b. Amending paragraph (b)(3) by removing ``$200'' and adding ``$300''
in its place.

[FR Doc. 2015-29557 Filed 11-19-15; 8:45 am]
BILLING CODE 5001-06-P

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