Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Substitutions for Military or Federal Specifications and Standards” (DFARS Case 2019-D023), 60916-60917 [2020-21248]
Download as PDF
<![CDATA[
60916
Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations
the private sector. This final rule does
not compel the expenditure of $100
million or more by any State, local, or
Tribal governments, or anyone in the
private sector. Therefore, statements as
described under sections 202 and 205 of
the Act are not required.
List of Subjects in 36 CFR Part 254
Community facilities, National
forests.
Therefore, for the reasons set forth in
the preamble, the Forest Service is
amending part 254 of title 36 of the
Code of Federal Regulations as follows:
PART 254 LANDOWNERSHIP
ADJUSTMENT
Subpart C—Conveyance of Small
Tracts
§ 254.37 Conveyance of parcels 40 acres
or less that no longer meet National Forest
System objectives.
1. The authority citation for part 254,
subpart C continues to read:
(a) This subpart allows conveyance of
parcels of 40 acres or less that are
determined by Forest Service officials
to:
(1) be physically isolated from other
Federal land; or
(2) be inaccessible; or
(3) have lost National Forest
character.
(b) [Reserved]
■ 5. Amend § 254.38 by revising
paragraph (a) and adding paragraph
(b)(3) to read as follows:
(a) The net proceeds derived from any
sale or exchange of parcels in
§ 254.32(b) and (d) and § 254.37 shall be
deposited in the fund commonly known
as the ‘‘Sisk Act’’ account.
(b) * * *
(3) Reimbursement for costs incurred
in preparing a sale conducted under
§ 254.37 if the sale is a competitive sale.
■
Authority: Public Law 97–465; 96 Stat.
2535.
2. Amend § 254.31 by adding, in
alphabetical order, the definition of
‘‘Permanent Habitable Improvement’’ to
read as follows:
■
§ 254.31
Definitions.
Permanent Habitable Improvement
means a dwelling, improvement, house,
or other structure presently being used
as a residence or domicile for a lasting
or indefinite period of time.
■ 3. Revise § 254.32 to read as follows:
§ 254.32 Encroachments and other
improvements.
jbell on DSKJLSW7X2PROD with RULES
(2) Factual evidence of claim of title
or color of title,
(3) Notice given to persons
encroaching on National Forest System
lands,
(4) Degree of development in the
encroached upon area, and
(5) Creation of an uneconomic
remnant.
(d) This subpart also allows
conveyance of parcels that are used as
a cemetery (including a parcel of not
more than one acre adjacent to the
parcel used as a cemetery), a landfill, or
a sewage treatment plant under a special
use authorization issued or otherwise
authorized by a Forest Service official.
■ 4. Add § 254.37 to read as follows:
(a) This subpart allows conveyance of
parcels of 10 acres or less, which will
resolve encroachments by persons on
National Forest System lands:
(1) To whom no advance notice was
given that the improvements
encroached or would encroach, and
(2) Who in good faith relied on an
erroneous survey, title search, or other
land description which did not reveal
such encroachment.
(b) This subpart also allows
conveyance of parcels of 10 acres or less
that are not eligible for conveyance
under subsection (a) but are encroached
on by a permanent habitable
improvement for which there is no
evidence that the encroachment was
intentional or negligent.
(c) Forest Service officials shall
consider the following factors when
determining whether to convey lands
upon which encroachments exist under
subsections (a) and (b):
(1) The location of the property
boundaries based on historical location
and continued acceptance and
maintenance,
VerDate Sep<11>2014
15:52 Sep 28, 2020
Jkt 250001
James E. Hubbard,
Undersecretary, Natural Resources and
Environment.
[FR Doc. 2020–21258 Filed 9–28–20; 8:45 am]
BILLING CODE P
Defense Acquisition Regulations
System
48 CFR Parts 211 and 252
[Docket DARS–2020–0006]
RIN 0750–AK60
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Clause ‘‘Substitutions for
Military or Federal Specifications and
Standards’’ (DFARS Case 2019–D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
Frm 00034
Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove internal agency
guidance and a clause that is no longer
necessary pursuant to action taken by
the DoD Regulatory Reform Task Force.
SUMMARY:
DATES:
Effective October 1, 2020.
Ms.
Carrie Moore, telephone 571–372–6093.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 85 FR 19722 on
April 8, 2020, to remove DFARS subpart
211.273, Substitutions for Military or
Federal Specifications and Standards,
and DFARS clause 252.211–7005,
Substitutions for Military of Federal
Specifications, from the DFARS,
because the guidance and clause are no
longer necessary. One public comment
was received in response to the
proposed rule. The public comment was
outside the scope of this case and no
changes were made to the rule, as a
result of public comment.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes obsolete
internal guidance and the clause at
DFARS 252.211–7005 from the DFARS.
This rule does not impose any new
requirements on contracts at or below
the simplified acquisition threshold, or
commercial items, including
commercially available off-the-shelf
items.
III. Executive Orders 12866 and 13563
DEPARTMENT OF DEFENSE
PO 00000
ACTION:
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\29SER1.SGM
29SER1
Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations
IV. 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.
V. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small businesses
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new
requirements for contractors or changing
any existing policies or practices.
However, a final regulatory flexibility
analysis has been prepared and is
summarized as follows:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to repeal DFARS subpart
211.273, Substitutions for Military or
Federal Specifications of Standards, and
DFARS clause 252.211–7005,
Substitutions for Military or Federal
Specifications of Standards, as the
guidance and clause are no longer
necessary. The objective of this rule is
to remove outdated guidance from the
DFARS and reduce regulatory burden
on the public. This repeal is pursuant to
action taken by the DoD Regulatory
Reform Task Force established under
Executive Order 13777, Enforcing the
Regulatory Reform Agenda.
No public comments were received in
response to the initial regulatory
flexibility analysis.
DoD does not collect data on the
number of small businesses that
proposed an Single Process Initiative
(SPI) process in lieu of military of
Federal specifications or standards cited
in the solicitation. Instead, DoD subject
matter experts estimate that
approximately 10 contractors participate
in SPI and that each participant will
respond to one solicitation per year.
Based on the information available, DoD
does not anticipate that this rule will
significantly impact small business
entities.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses.
There are no known alternative to the
rule that will meet the stated objectives
or minimize the impact on of the rule
on small entities.
jbell on DSKJLSW7X2PROD with RULES
VI. Paperwork Reduction Act
This rule removes the burden
associated with DFARS 252.211–7005
from the information collection
requirement currently approved under
0704–0398, entitled DFARS Part 211,
Describing Agency Needs, and Related
VerDate Sep<11>2014
15:52 Sep 28, 2020
Jkt 250001
60917
Clause at DFARS 252.211. This
reduction is reflected in the revision to
and extension of the information
collection, as published in the Federal
Register on February 27, 2020, at 85 FR
11351, and May 28, 2020, at 85 FR
32019.
no longer necessary pursuant to action
taken by the DoD Regulatory Reform
Task Force.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
I. Background
DoD published a proposed rule in the
Federal Register at 85 FR 19721 on
April 8, 2020, to remove the provision
at DFARS 252.211–7004, Alternate
Preservation, Packaging, and Packing,
and the associated prescription from the
DFARS, because the provision is no
longer necessary. No public comments
were received in response to the
proposed rule. No changes were made to
the rule, as proposed.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
211.273
[Removed and Reserved]
2. Remove and reserve section
211.273.
■
211.273–1 through 211.273–4
[Removed]
3. Remove sections 211.273–1 through
211.273–4.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.211–7005
[Removed and Reserved]
4. Remove and reserve section
252.211–7005.
■
[FR Doc. 2020–21248 Filed 9–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211 and 252
[Docket DARS–2019–0056]
RIN 0750–AK59
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Provision ‘‘Alternate
Preservation, Packaging, and Packing’’
(DFARS Case 2019–D022)
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes the obsolete
solicitation provision at DFARS
252.211–7004, Alternate Preservation,
Packaging, and Packing. This rule does
not impose any new requirements on
contracts at or below the simplified
acquisition threshold, or commercial
items, including commercially available
off-the-shelf items.
III. Executive Orders 12866 and 13563
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.
AGENCY:
IV. 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.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove a provision that is
V. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small businesses
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60916-60917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
[Docket DARS-2020-0006]
RIN 0750-AK60
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Substitutions for Military or Federal Specifications and
Standards'' (DFARS Case 2019-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove internal agency
guidance and a clause that is no longer necessary pursuant to action
taken by the DoD Regulatory Reform Task Force.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 85 FR
19722 on April 8, 2020, to remove DFARS subpart 211.273, Substitutions
for Military or Federal Specifications and Standards, and DFARS clause
252.211-7005, Substitutions for Military of Federal Specifications,
from the DFARS, because the guidance and clause are no longer
necessary. One public comment was received in response to the proposed
rule. The public comment was outside the scope of this case and no
changes were made to the rule, as a result of public comment.
II. 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 obsolete internal guidance and the clause at
DFARS 252.211-7005 from the DFARS. This rule does not impose any new
requirements on contracts at or below the simplified acquisition
threshold, or commercial items, including commercially available off-
the-shelf items.
III. Executive Orders 12866 and 13563
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.
[[Page 60917]]
IV. 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.
V. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small businesses within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is
not creating any new requirements for contractors or changing any
existing policies or practices. However, a final regulatory flexibility
analysis has been prepared and is summarized as follows:
The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to repeal DFARS subpart
211.273, Substitutions for Military or Federal Specifications of
Standards, and DFARS clause 252.211-7005, Substitutions for Military or
Federal Specifications of Standards, as the guidance and clause are no
longer necessary. The objective of this rule is to remove outdated
guidance from the DFARS and reduce regulatory burden on the public.
This repeal is pursuant to action taken by the DoD Regulatory Reform
Task Force established under Executive Order 13777, Enforcing the
Regulatory Reform Agenda.
No public comments were received in response to the initial
regulatory flexibility analysis.
DoD does not collect data on the number of small businesses that
proposed an Single Process Initiative (SPI) process in lieu of military
of Federal specifications or standards cited in the solicitation.
Instead, DoD subject matter experts estimate that approximately 10
contractors participate in SPI and that each participant will respond
to one solicitation per year. Based on the information available, DoD
does not anticipate that this rule will significantly impact small
business entities.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses.
There are no known alternative to the rule that will meet the
stated objectives or minimize the impact on of the rule on small
entities.
VI. Paperwork Reduction Act
This rule removes the burden associated with DFARS 252.211-7005
from the information collection requirement currently approved under
0704-0398, entitled DFARS Part 211, Describing Agency Needs, and
Related Clause at DFARS 252.211. This reduction is reflected in the
revision to and extension of the information collection, as published
in the Federal Register on February 27, 2020, at 85 FR 11351, and May
28, 2020, at 85 FR 32019.
List of Subjects in 48 CFR Parts 211 and 252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.273 [Removed and Reserved]
0
2. Remove and reserve section 211.273.
211.273-1 through 211.273-4 [Removed]
0
3. Remove sections 211.273-1 through 211.273-4.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7005 [Removed and Reserved]
0
4. Remove and reserve section 252.211-7005.
[FR Doc. 2020-21248 Filed 9-28-20; 8:45 am]
BILLING CODE 5001-06-P
