Defense Federal Acquisition Regulation Supplement: Repeal of Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006), 24890-24891 [2018-11343]

Download as PDF 24890 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations assistance; or to support response to an emergency or major disaster; * * * * * PART 216—TYPES OF CONTRACTS 4. In section 216.601, revise paragraph (d)(i)(A)(3) to read as follows: ■ 216.601 Time-and-materials contracts. (d) * * * (i) * * * (A) * * * (3) Exception. The approval requirements in paragraphs (d)(i)(A)(1) and (2) of this section do not apply to contracts that, as determined by the head of the contracting activity— (i) Support contingency or humanitarian or peacekeeping operations; (ii) Facilitate defense against or recovery from conventional, cyber, nuclear, biological, chemical or radiological attack; (iii) Facilitate the provision of international disaster assistance; or (iv) Support response to an emergency or major disaster. * * * * * PART 218—EMERGENCY ACQUISITIONS 5. Amend section 218.201 by— a. In paragraph (2), removing ‘‘agency’’ and adding ‘‘contracting activity’’ in its place; ■ b. Redesignating paragraphs (7) through (10) as paragraphs (9) through (12), respectively; and ■ c. Adding new paragraphs (7) and (8) to read as follows: ■ ■ 218.201 Contingency operation. sradovich on DSK3GMQ082PROD with RULES2 * * * * * (7) Only one offer. The requirements at sections 215.371–2 do not apply to acquisitions, as determined by the head of the contracting activity, in support of a contingency operation. See 215.371– 4(a)(2). (8) Approval of determination and findings for time-and-materials or laborhour contracts. The approval requirements in paragraphs (d)(i)(A)(1) and (2) of this section do not apply to contracts that, as determined by the head of the contracting activity, support contingency. See 216.601(d)(3). * * * * * ■ 6. Revise section 218.202 to read as follows: 218.202 events. Defense or recovery from certain For acquisitions that, as determined by the head of the contracting activity, are to facilitate defense against or VerDate Sep<11>2014 17:57 May 29, 2018 Jkt 244001 recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster, the following requirements do not apply: (1) Policy for unique item identification at 211.274–2(a). Contractors are not required to provide DoD unique item identification if the items are to be used to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. However, contractors are not exempt from this requirement if the items are to be used to facilitate defense against or recovery from cyber attack. See 211.274–2(b). (2) Only one offer requirements at section 215.371–2. See 215.371–4(a)(2). (3) Approval of determination and findings for time-and-materials or laborhour contracts at 216.601(d)(i)(A)(1) and (2). See 216.601(d)(3). ■ 7. Add section 218.204 to read as follows: 218.204 Humanitarian or peacekeeping operation. The following requirements do not apply to acquisitions that, as determined by the head of the contracting activity, are in support of humanitarian or peacekeeping operations: (1) Policy for item unique identification at 211.274–2(a). See 211.274–2(b). (2) Only one offer requirements at sections 215.371–2. See 215.371–4(a)(2). (3) Approval of determination and findings for time-and-materials or laborhour contracts at 216.601(d)(i)(A)(1) and (2). See 216.601(d)(3). 218.270 ■ [Removed] [Redesignated as 218.270] 9. Redesignate section 218.271 as section 218.270 and revise the introductory text and paragraph (a) to read as follows: 218.270 Head of contracting activity determinations. The term ‘‘head of the agency’’ is replaced with ‘‘head of the contracting activity,’’ as defined in FAR 2.101, in the following locations: (a) FAR 2.101: definition of ‘‘simplified acquisition threshold.’’ * * * * * 218.272 [Redesignated as 218.271 and Amended] 10. Redesignate section 218.272 as section 218.271 and remove ‘‘PGI ■ Frm 00006 Fmt 4701 225.374 Sfmt 4700 [Amended] 11. Amend section 225.374 by removing ‘‘See 218.272’’ and adding ‘‘See 218.271’’ in its place. ■ [FR Doc. 2018–11341 Filed 5–29–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 225 [Docket DARS–2018–0025] RIN 0750–AJ70 Defense Federal Acquisition Regulation Supplement: Repeal of Restrictions on Chemical Weapons Antidote (DFARS Case 2018–D006) Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: Final rule. DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 that established a sunset date for restrictions on acquisition of chemical weapons antidote contained in automatic injectors, or the components of such injectors. SUMMARY: Effective October 1, 2018. FOR FURTHER INFORMATION CONTACT: ■ PO 00000 PART 225—FOREIGN ACQUISITION DATES: 8. Remove section 218.270. 218.271 218.272’’ and add ‘‘PGI 218.271’’ in its place. Ms. Amy Williams, telephone 571–372– 6106. SUPPLEMENTARY INFORMATION: I. Background This final rule implements section 813(a) of the National Defense Authorization Act for Fiscal Year 2018, which amends 10 U.S.C. 2534(c) to establish a sunset date of October 1, 2018, for 10 U.S.C. 2534(a)(2) and (b)(2), the limitation on procurement of chemical weapons antidote contained in automatic injectors (and components for such injectors). This rule deletes DFARS 225.7005 in its entirety to remove the obsolete text regarding restrictions on certain chemical weapons antidote. E:\FR\FM\30MYR2.SGM 30MYR2 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not add any new burdens or impact applicability of clauses and provisions at or below the simplified acquisition threshold, or to acquisition of commercial items. 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. VI. Regulatory Flexibility Act DEPARTMENT OF DEFENSE Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section V. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. Defense Acquisition Regulations System VII. Paperwork Reduction Act This 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. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR part 225 is amended as follows: PART 225–FOREIGN ACQUISITION IV. Executive Order 13771 ■ This final rule is not an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. 1. sradovich on DSK3GMQ082PROD with RULES2 17:57 May 29, 2018 Jkt 244001 Authority: 41 U.S.C. 1303 and 48 chapter 225.7005 [Removed and Reserved] 2. Remove and reserve section 225.7005. 225.7005–1 The statute that applies to the publication of the Federal Acquisition Regulation is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, title 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it just removes obsolete text from the DFARS, which affects only the internal operating procedures of the Government. VerDate Sep<11>2014 1. The authority citation for part 225 continues to read as follows: ■ V. Publication of This Final Rule for Public Comment Is Not Required by Statute 24891 ■ 3. Remove section 225.7005–1. 225.7005–2 ■ [Removed] [Removed] 4. Remove section 225.7005–2. 225.7005–3 [Removed] ■ 5. Remove section 225.7005–3. [FR Doc. 2018–11343 Filed 5–29–18; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 48 CFR Part 252 [Docket DARS–2018–0030] RIN 0750–AJ88 Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause ‘‘Riding Gang Member Requirements’’ (DFARS Case 2018–D026) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the agency that conducts the background check procedures that are required for contractors who perform work on U.S.flag vessels under DoD contracts for ocean transportation services. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to modify the clause at DFARS 252.247– 7027, Riding Gang Member Requirements. This DFARS clause is included in solicitations and contracts for the acquisition of commercial items, which are for the charter of, or contract for carriage of cargo by, a U.S.-flag vessel documented under 46 U.S.C., chapter 121. DFARS clause, 252.247–7027, Riding Gang Member Requirements, ensures that riding gang members are qualified to serve on board the vessel and that both riding gang members and DoDexempted individuals onboard will not pose a security risk based on criminal or other records. Paragraph (c)(2)(i)(B) of the clause requires the contractor to immediately remove any exempted individual from the vessel that is deemed unsuitable by Military Sealift Command (MSC) Force Protection. This requirement imposes duties on MSC that exceed the scope of their personnel screening agreement. MSC has authorization to screen persons who have access to MSC chartered vessels, but they do not screen persons who have access to non-MSC chartered or contracted vessels. This paragraph is modified to state that the Government agency conducting the background E:\FR\FM\30MYR2.SGM 30MYR2

Agencies

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24890-24891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11343]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

[Docket DARS-2018-0025]
RIN 0750-AJ70


Defense Federal Acquisition Regulation Supplement: Repeal of 
Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2018 that 
established a sunset date for restrictions on acquisition of chemical 
weapons antidote contained in automatic injectors, or the components of 
such injectors.

DATES: Effective October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule implements section 813(a) of the National Defense 
Authorization Act for Fiscal Year 2018, which amends 10 U.S.C. 2534(c) 
to establish a sunset date of October 1, 2018, for 10 U.S.C. 2534(a)(2) 
and (b)(2), the limitation on procurement of chemical weapons antidote 
contained in automatic injectors (and components for such injectors).
    This rule deletes DFARS 225.7005 in its entirety to remove the 
obsolete text regarding restrictions on certain chemical weapons 
antidote.

[[Page 24891]]

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule does not add any new burdens or impact applicability of 
clauses and provisions at or below the simplified acquisition 
threshold, or to acquisition of commercial items.

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. Executive Order 13771

    This final rule is not an E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, regulatory action, because this rule is 
not significant under E.O. 12866.

V. Publication of This Final Rule for Public Comment Is Not Required by 
Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation is the Office of Federal Procurement Policy 
statute (codified at title 41 of the United States Code). Specifically, 
title 41 U.S.C. 1707(a)(1) requires that a procurement policy, 
regulation, procedure, or form (including an amendment or modification 
thereof) must be published for public comment if it relates to the 
expenditure of appropriated funds, and has either a significant effect 
beyond the internal operating procedures of the agency issuing the 
policy, regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because it just 
removes obsolete text from the DFARS, which affects only the internal 
operating procedures of the Government.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section V. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

VII. Paperwork Reduction Act

    This 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.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 225 is 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 chapter 1.


225.7005   [Removed and Reserved]

0
2. Remove and reserve section 225.7005.


225.7005-1   [Removed]

0
3. Remove section 225.7005-1.


225.7005-2  [Removed]

0
4. Remove section 225.7005-2.


225.7005-3   [Removed]

0
5. Remove section 225.7005-3.
[FR Doc. 2018-11343 Filed 5-29-18; 8:45 am]
 BILLING CODE 5001-06-P