Defense Federal Acquisition Regulation Supplement: Buy American and Balance of Payments Program-Clause Prescription (DFARS Case 2015-D037), 72672-72673 [2015-29558]

Download as PDF 72672 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 601. Such comments should be submitted separately and should cite 5 U.S.C. 610 (DFARS Case 2015–D008) in correspondence. DEPARTMENT OF DEFENSE IV. Paperwork Reduction Act Defense Federal Acquisition Regulation Supplement: Buy American and Balance of Payments Program— Clause Prescription (DFARS Case 2015–D037) The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. chapter 35. List of Subjects in 48 CFR Parts 217 and 234 Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 217 and 234 are proposed to be amended as follows: 1. The authority citation for parts 217 and 234 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 217—SPECIAL CONTRACTING METHODS 2. Amend section 217.202 by revising paragraph (2) to read as follows: ■ Use of options. * * * * * (2) See 234.005–1 for limitations on the use of contract options for the provision of advanced component development, prototype, or initial production of technology developed under the contract or the delivery of initial or additional items. PART 234—MAJOR SYSTEM ACQUISITION 234.005–1 [Amended] 3. Amend section 234.005–1— ■ a. In paragraph (1) introductory text, by removing ‘‘component development or prototype of technology’’ and adding ‘‘component development, prototype, or initial production of technology’’ in its place, and removing ‘‘additional prototype items’’ and adding ‘‘additional items’’ in its place; and ■ b. In paragraph (2), by removing ‘‘September 30, 2014’’ and adding ‘‘September 30, 2019’’ in its place. mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ [FR Doc. 2015–29552 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P VerDate Sep<11>2014 17:58 Nov 19, 2015 Defense Acquisition Regulations System Jkt 238001 Ms. Tresa Sullivan, telephone 571–372– 6089. SUPPLEMENTARY INFORMATION: 48 CFR Part 225 I. Background [Docket DARS–2015–0053] DoD is proposing to revise the DFARS to clarify when it is appropriate to not include DFARS clause 252.225–7001, Buy American and Balance of Payments Program, with regard to exceptions to the Buy American statute and Balance of Payment Program. The prescription for use of DFARS clause 252.225–7001 does not clearly make a distinction with regard to when an exception to the Buy American statute or Balance of Payments Program applies. As written, procurement offices may inaccurately believe that it is permissible to omit the clause if either situation occurs. However, the clause is required in solicitations and contracts unless (1) 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), or (2) the acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies. RIN 0750–AI77 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 clarify how the clause prescription addresses applicability when an exception to the Buy American statute or Balance of Payments Program applies. SUMMARY: Government procurement. 217.202 FOR FURTHER INFORMATION CONTACT: 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–D037, 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–D037’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D037.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2015– D037’’ on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D037 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Tresa Sullivan, 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). DATES: PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 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 DoD does not expect this proposed 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 it applies to internal procedures for Government contracting officers. This proposed rule clarifies how clause prescription addresses applicability when an exception to the Buy American statute or Balance of Payments Program applies. However, an initial regulatory flexibility analysis has E:\FR\FM\20NOP1.SGM 20NOP1 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

Agencies

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72672-72673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29558]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

[Docket DARS-2015-0053]
RIN 0750-AI77

Defense Federal Acquisition Regulation Supplement: Buy American
and Balance of Payments Program--Clause Prescription (DFARS Case 2015-
D037)

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 clarify how the clause prescription
addresses applicability when an exception to the Buy American statute
or Balance of Payments Program applies.

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 a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2015-D037, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D037''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2015-D037.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2015-D037'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D037 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Tresa
Sullivan, 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. Tresa Sullivan, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION:

I. Background

DoD is proposing to revise the DFARS to clarify when it is
appropriate to not include DFARS clause 252.225-7001, Buy American and
Balance of Payments Program, with regard to exceptions to the Buy
American statute and Balance of Payment Program. The prescription for
use of DFARS clause 252.225-7001 does not clearly make a distinction
with regard to when an exception to the Buy American statute or Balance
of Payments Program applies. As written, procurement offices may
inaccurately believe that it is permissible to omit the clause if
either situation occurs. However, the clause is required in
solicitations and contracts unless (1) 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), or (2) the
acquisition is for supplies for use outside the United States and an
exception to the Balance of Payments Program applies.

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

DoD does not expect this proposed 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 it applies to internal procedures for Government contracting
officers. This proposed rule clarifies how clause prescription
addresses applicability when an exception to the Buy American statute
or Balance of Payments Program applies. However, an initial regulatory
flexibility analysis has

[[Page 72673]]

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.

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, Foreign Acquisition and related clauses.

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:

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.

225.1100 [Amended]

0
2. Remove ``Subparts'' in two places and add ``subparts'' in their
place.
0
3. Amend section 225.1101 by--
0
a. Revising paragraph (2)(i)(C);
0
b. Redesignating paragraphs (2)(i)(D) and (E) as paragraphs (2)(i)(E)
and (F); and
0
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

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