Defense Federal Acquisition Regulation Supplement: Repeal of Certain Defense Acquisition Laws (DFARS Case 2018-D059), 12137 [2019-06249]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Page 12137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06249]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2019-0013]
RIN 0750-AK20


Defense Federal Acquisition Regulation Supplement: Repeal of 
Certain Defense Acquisition Laws (DFARS Case 2018-D059)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2019.

DATES: Effective April 1, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 
571-372-6095.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to implement section 812 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019. Section 812 
repeals more than 60 obsolete Defense acquisition laws, most of which 
have been completed, have expired, or do not impact the procurement 
regulations. Of the obsolete laws listed in section 812, only one was 
implemented in the DFARS: section 815(b) of the NDAA for FY 2008 (Pub. 
L. 110-181). Section 815(b) required modification of the DFARS to 
clarify that the terms ``general public'' and ``non-governmental 
entities'', with regard to sales of commercial items, do not include 
the Federal Government or a State, local, or foreign government. The 
clarification with regard to the terms ``general public'' and ``non-
governmental entities,'' as used in the definition of ``commercial 
item,'' was added to DFARS 202.101, Definitions, via a final rule 
published in the Federal Register at 75 FR 51416 on August 20, 2010 
(DFARS Case 2008-D011).
    Since section 812 of the NDAA for FY 2019 repealed section 815(b) 
of the NDAA for FY 2008, this final rule removes the clarification of 
the terms ``general public'' and ``non-governmental entities'' at DFARS 
202.101. No other changes are required to implement section 812 of the 
NDAA for FY 2019.

II. 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 (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of Proposed Regulations.'' Paragraph (a)(1) of the statute 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 the rule merely removes a clarification to an existing 
definition in the FAR.

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

    This rule only removes the definition of ``general public'' and 
non-governmental'' entities at DFARS 202.101 Definitions. This rule 
does not create or revise any solicitation provisions or contract 
clauses.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and E.O. 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.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

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 II. of this preamble), the analytical 
requirement 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

    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 202

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 202 is amended as follows:

PART 202--DEFINITIONS

0
1. The authority citation for part 216 continues to read as follows:

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


202.101   [Amended]

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2. Amend section 202.101 by removing the definition ``General public'' 
and ``non-governmental entities''.
[FR Doc. 2019-06249 Filed 3-29-19; 8:45 am]
 BILLING CODE 5001-06-P