National Industrial Security Program Operating Manual (NISPOM); Amendment, 46597-46599 [2021-17688]
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
Control(s)
NS applies to entire
entry except equipment for ECCN
0A501.y.
RS applies to entire
entry except equipment for ECCN
0A501.y.
UN applies to entire
entry.
AT applies to entire
entry.
Country chart
(see supp. No. 1 to
part 738)
NS Column 1
RS Column 1
See § 746.1 of the
EAR for UN controls
AT Column 1
List Based License Exceptions (See Part 740
for a Description of all License Exceptions)
LVS: $3000
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used to ship any item in this entry.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items:
a. Small arms chambering machines.
b. Small arms deep hole drilling machines
and drills therefor.
c. Small arms rifling machines.
d. Small arms boring/reaming machines.
e. Production equipment (including dies,
fixtures, and other tooling) ‘‘specially
designed’’ for the ‘‘production’’ of the items
controlled in 0A501.a through .x. or USML
Category I.
RS applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing
commodities in
0A505.a and .x; for
equipment for those
commodities in
0B505 and for
‘‘software’’ for those
commodities and
that equipment in
0D505.
UN applies to entire
entry.
CC applies to ‘‘technology’’ for the
‘‘development’’ or
‘‘production’’ of
commodities in
0A505.b.
AT applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing
commodities in
0A505.a, .d, and .x.
Country chart
(see supp. No. 1 to
part 738)
RS Column 1
See § 746.1 of the
EAR for UN controls
CC Column 1
NS applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing
commodities in
0A505.a and .x; for
equipment for those
commodities in
0B505; and for
‘‘software’’ for that
equipment and
those commodities
in 0D505.
VerDate Sep<11>2014
NS Column 1
16:12 Aug 18, 2021
Office of the Secretary
32 CFR Part 117
TSR: N/A
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 0E505.
Related Controls: Technical data required for
and directly related to articles enumerated
in USML Category III are ‘‘subject to the
ITAR’’.
Related Definitions: N/A
Items: The list of items controlled is
contained in this ECCN heading.
18. In Supplement No. 1 to part 774,
Category 1, revise Export Control
Classification Number (ECCN) 1A984 to
read as follows:
■
Frm 00019
Fmt 4700
BILLING CODE 3510–33–P
DEPARTMENT OF DEFENSE
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
PO 00000
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
[FR Doc. 2021–17647 Filed 8–18–21; 8:45 am]
AT Column 1
1A984 Chemical agents, including tear gas
formulation containing 1 percent or less
of orthochlorobenzalmalononitrile (CS),
or 1 percent or less of
chloroacetophenone (CN), except in
individual containers with a net weight
of 20 grams or less; liquid pepper except
when packaged in individual containers
with a net weight of 3 ounces (85.05
grams) or less; smoke bombs; nonirritant smoke flares, canisters, grenades
and charges; and other pyrotechnic
articles having dual military and
commercial use, and ‘‘parts’’ and
Jkt 253001
CC Column 1
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
List of Items Controlled
Country chart
(see supp. No. 1 to
part 738)
Country chart
(see supp. No. 1
to part 738)
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
0E505 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
commodities controlled by 0A505.
Control(s)
License Requirements
Reason for Control: CC
CC applies to entire
entry.
Special Conditions for STA
License Requirements
Reason for Control: NS, RS, UN, CC, AT
‘‘components’’ ‘‘specially designed’’
therefor, n.e.s.
Control(s)
17. In Supplement No. 1 to part 774,
Category 0, revise Export Control
Classification Number (ECCN) 0E505 to
read as follows:
■
lotter on DSK11XQN23PROD with RULES1
Control(s)
46597
Sfmt 4700
[Docket ID: DoD–2020–OS–0045]
RIN 0790–AL41
National Industrial Security Program
Operating Manual (NISPOM);
Amendment
Office of the Under Secretary of
Defense for Intelligence & Security,
Department of Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
SUMMARY: DoD is amending its NISPOM
regulation to extend the implementation
date for those contractors under DoD
security cognizance to report and obtain
pre-approval of unofficial foreign travel
to the Department of Defense.
DATES: This rule is effective August 19,
2021.
FOR FURTHER INFORMATION CONTACT:
Valerie Heil, 703–692–3754.
SUPPLEMENTARY INFORMATION: This final
rule amends 32 CFR part 117, ‘‘National
Industrial Security Program Operating
Manual (NISPOM)’’ final rule that
published in the Federal Register on
December 21, 2020 (85 FR 83300). The
rule includes reporting requirements for
contractor personnel who have been
granted eligibility for access to classified
information through the National
Industrial Security Program to follow
E:\FR\FM\19AUR1.SGM
19AUR1
46598
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Security Executive Agent Directive
(SEAD) 3, ‘‘Reporting Requirements for
Personnel with Access to Classified
Information or Who Hold a Sensitive
Position.’’ Reporting requirements in the
rule include provisions for covered
individuals to report and obtain preapproval of unofficial foreign travel.
DoD received comments from regulated
parties concerning how burdensome it
would be for contractors under DoD
security cognizance to submit
individual foreign travel reports.
Regulated parties recommended DoD
modify its IT system so multiple or
batched foreign travel reports can be
submitted in a single submission. DoD
agrees with this recommendation and
intends to modify its IT system.
However, DoD cannot complete
modifications to its IT system before the
original implementation date of August
24, 2021. This amendment will extend
until August 24, 2022, the
implementation date for those
contractors under DoD security
cognizance to report and obtain preapproval of unofficial foreign travel to
DoD to allow for the modifications to
DoD’s IT system to be completed. If a
government contracting activity’s (GCA)
contract separately requires reporting or
pre-approval of unofficial foreign travel
(i.e., contains a provision requiring such
reports other than by incorporating the
NISPOM), the contractor should consult
with the GCA on when and where to
submit such reports and the procedures
for obtaining pre-approval.
Exception to Notice and Comment
This regulation can be effective
immediately, notwithstanding the
general requirement in the
Administrative Procedure Act (APA) for
advance notice and comment.
Principally, this rule follows from a
final rule with comment. This final rule
is a logical outgrowth of the notice and
comment incorporated in the prior final
rule, because it is directly responsive to
public comments made in response to
the final rule. Several commenters
specifically requested a delay in the
August 24, 2021 implementation date.
For example, one commenter stated that
for contractors under DoD security
cognizance, reporting foreign travel and
foreign contacts will be impractical for
companies of size without a mass or
bulk upload capability that doesn’t exist
in the system as designed today.
Further, the commenter stated this
capability should be pursued and aligns
with one of the stated goals of SEAD 3,
which encourages ‘‘automation and
centralization.’’ Even absent the prior
notice and comment incorporated in the
final rule, this rule would be exempt
VerDate Sep<11>2014
16:12 Aug 18, 2021
Jkt 253001
from the APA’s notice-and-comment
requirement, because it satisfies the
good-cause exception in 553(b)(3)(B).
Specifically, notice-and-comment
rulemaking is ‘‘unnecessary,’’ id.,
because as noted in the preamble, DoD
already took comments on its NISPOM
regulation and the regulated parties
affected by the regulation requested that
the Department change its IT system
before they must report and obtain preapproval of unofficial foreign travel to
DoD. Indeed, DoD is amending the
NISPOM regulation for the purpose of
extending the implementation date at
the request of the regulated parties
affected by the rule who provided
comments on the NISPOM regulation
during a previous notice and comment
period provided for the final rule. The
need for this change to DoD’s IT system
was discovered in the comments
received on the NISPOM regulation.
While DoD desired to modify its IT
system before the original
implementation date to meet the
requested change by the regulated
parties, the Department discovered
through the comment process that such
modification is not feasible. DoD has
therefore concluded that there is good
cause to dispense with the advanced
notice-and-comment rulemaking
requirements in 5 U.S.C. 553.
Regulatory Analysis
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 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, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this rule is a significant regulatory
action. Accordingly, the rule has been
reviewed by the Office of Management
and Budget (OMB) under the
requirements of these E.O.s.
Congressional Review Act
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
The Under Secretary of Defense for
Intelligence and Security, pursuant to a
delegation of authority from the
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Secretary of Defense, certifies that this
final rule would not, if promulgated,
have a significant economic impact on
a substantial number of small business
entities in accordance with the
Regulatory Flexibility Act (5 U.S.C. 601)
requirements since a contractor cleared
legal entity may, in entering into
contracts requiring access to classified
information, negotiate for security costs
determined to be properly chargeable by
a Government Contracting Activity.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that this rule
does not impose any new information
collection or record keeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. This final rule
will not mandate any requirements for
State, local, or tribal governments, nor
will it affect private sector costs.
Executive Order 13132, ‘‘Federalism’’
E.O. 13132 establishes certain
requirements that an agency must meet
when it promulgates a final rule (and
subsequent final rule) that imposes
substantial direct requirement costs on
State and local governments, preempts
State law, or otherwise has Federalism
implications. This final rule will not
have a substantial effect on State and
local governments.
List of Subjects in 32 CFR Part 117
Classified information; Government
contracts; USG contracts, National
Industrial Program (NISP); Prime
contractor, Subcontractor.
Accordingly, 32 CFR part 117 is
amended as follows:
PART 117— NATIONAL INDUSTRIAL
SECURITY PROGRAM OPERATING
MANUAL (NISPOM)
1. The authority citation for 32 CFR
part 310 continues to read as follows:
■
Authority: 32 CFR part 2004; E.O. 10865;
E.O. 12333; E.O. 12829; E.O. 12866; E.O.
12968; E.O. 13526; E.O. 13563; E.O. 13587;
E.O. 13691; Pub. L. 108–458; Title 42 U.S.C.
2011 et seq.; Title 50 U.S.C. Chapter 44; Title
50 U.S.C. 3501 et seq.
2. In § 117.1, paragraph (b)(3) is
revised to read as follows:
■
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
§ 117.1
Purpose.
*
*
*
*
*
(b) * * *
(3) Prescribes that contractors will
implement the provisions of this part no
later than 6 months from February 24,
2021, with the exception of
requirements for reporting foreign travel
to the Department of Defense prescribed
in SEAD 3 and implemented through
this rule. Contractors under the security
cognizance of the Department of
Defense will begin reporting foreign
travel to the Department of Defense no
later than 18 months from February 24,
2021.
Dated: August 12, 2021.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2021–17688 Filed 8–18–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
RIN 0790–AL18
Civil Monetary Penalty Inflation
Adjustment
Office of the Under Secretary of
Defense (Comptroller), Department of
Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing this final rule to adjust each of
its statutory civil monetary penalties
(CMP) to account for inflation. The
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), requires the
head of each agency to adjust for
inflation its CMP levels in effect as of
November 2, 2015, under a revised
methodology that was effective for 2016
and for each year thereafter.
DATES: This rule is effective August 19,
2021.
FOR FURTHER INFORMATION CONTACT:
Kellie Allison, 703–614–0410.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
VerDate Sep<11>2014
16:12 Aug 18, 2021
Jkt 253001
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, November 2,
2015, required agencies to annually
adjust the level of CMPs for inflation to
improve their effectiveness and
maintain their deterrent effect. The 2015
Act required that not later than July 1,
2016, and not later than January 15 of
every year thereafter, the head of each
agency must adjust each CMP within its
jurisdiction by the inflation adjustment
described in the 2015 Act. The inflation
adjustment is determined by increasing
the maximum CMP or the range of
minimum and maximum CMPs, as
applicable, for each CMP by the cost-ofliving adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment, exceeds the CPI for the
month of October in the previous
calendar year.
The initial catch up adjustments for
inflation to the Department of Defense’s
CMPs were published as an interim
final rule in the Federal Register on
May 26, 2016 (81 FR 33389–33391) and
became effective on that date. The
interim final rule was published as a
final rule without change on September
12, 2016 (81 FR 62629–62631), effective
that date. The revised methodology for
agencies for 2017 and each year
thereafter provides for the improvement
of the effectiveness of CMPs and to
maintain their deterrent effect. The
Department of Defense is adjusting the
level of all civil monetary penalties
under its jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2021 of 1.01182
prescribed in OMB Memorandum M–
21–10, ‘‘Implementation of Penalty
Inflation Adjustments for 2021,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ dated December 16, 2019.
The Department of Defense’s 2021
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Defense after the
effective date of the new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
46599
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is
established in statute, with no
discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
Department of Defense is charged only
with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs.
Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the Department of Defense
anticipates that civil monetary penalty
collections may increase in the future
due to new penalty authorities and
other changes in this rule. However, it
is difficult to accurately predict the
extent of any increase, if any, due to a
variety of factors, such as budget and
staff resources, the number and quality
of civil penalty referrals or leads, and
the length of time needed to investigate
and resolve a case.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 13563 and 12866
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, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a ‘‘significant
regulatory action,’’ and was not
reviewed by the Office of Management
and Budget.
Unfunded Mandates Reform Act (2
U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46597-46599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17688]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 117
[Docket ID: DoD-2020-OS-0045]
RIN 0790-AL41
National Industrial Security Program Operating Manual (NISPOM);
Amendment
AGENCY: Office of the Under Secretary of Defense for Intelligence &
Security, Department of Defense (DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending its NISPOM regulation to extend the
implementation date for those contractors under DoD security cognizance
to report and obtain pre-approval of unofficial foreign travel to the
Department of Defense.
DATES: This rule is effective August 19, 2021.
FOR FURTHER INFORMATION CONTACT: Valerie Heil, 703-692-3754.
SUPPLEMENTARY INFORMATION: This final rule amends 32 CFR part 117,
``National Industrial Security Program Operating Manual (NISPOM)''
final rule that published in the Federal Register on December 21, 2020
(85 FR 83300). The rule includes reporting requirements for contractor
personnel who have been granted eligibility for access to classified
information through the National Industrial Security Program to follow
[[Page 46598]]
Security Executive Agent Directive (SEAD) 3, ``Reporting Requirements
for Personnel with Access to Classified Information or Who Hold a
Sensitive Position.'' Reporting requirements in the rule include
provisions for covered individuals to report and obtain pre-approval of
unofficial foreign travel. DoD received comments from regulated parties
concerning how burdensome it would be for contractors under DoD
security cognizance to submit individual foreign travel reports.
Regulated parties recommended DoD modify its IT system so multiple or
batched foreign travel reports can be submitted in a single submission.
DoD agrees with this recommendation and intends to modify its IT
system. However, DoD cannot complete modifications to its IT system
before the original implementation date of August 24, 2021. This
amendment will extend until August 24, 2022, the implementation date
for those contractors under DoD security cognizance to report and
obtain pre-approval of unofficial foreign travel to DoD to allow for
the modifications to DoD's IT system to be completed. If a government
contracting activity's (GCA) contract separately requires reporting or
pre-approval of unofficial foreign travel (i.e., contains a provision
requiring such reports other than by incorporating the NISPOM), the
contractor should consult with the GCA on when and where to submit such
reports and the procedures for obtaining pre-approval.
Exception to Notice and Comment
This regulation can be effective immediately, notwithstanding the
general requirement in the Administrative Procedure Act (APA) for
advance notice and comment. Principally, this rule follows from a final
rule with comment. This final rule is a logical outgrowth of the notice
and comment incorporated in the prior final rule, because it is
directly responsive to public comments made in response to the final
rule. Several commenters specifically requested a delay in the August
24, 2021 implementation date. For example, one commenter stated that
for contractors under DoD security cognizance, reporting foreign travel
and foreign contacts will be impractical for companies of size without
a mass or bulk upload capability that doesn't exist in the system as
designed today. Further, the commenter stated this capability should be
pursued and aligns with one of the stated goals of SEAD 3, which
encourages ``automation and centralization.'' Even absent the prior
notice and comment incorporated in the final rule, this rule would be
exempt from the APA's notice-and-comment requirement, because it
satisfies the good-cause exception in 553(b)(3)(B). Specifically,
notice-and-comment rulemaking is ``unnecessary,'' id., because as noted
in the preamble, DoD already took comments on its NISPOM regulation and
the regulated parties affected by the regulation requested that the
Department change its IT system before they must report and obtain pre-
approval of unofficial foreign travel to DoD. Indeed, DoD is amending
the NISPOM regulation for the purpose of extending the implementation
date at the request of the regulated parties affected by the rule who
provided comments on the NISPOM regulation during a previous notice and
comment period provided for the final rule. The need for this change to
DoD's IT system was discovered in the comments received on the NISPOM
regulation. While DoD desired to modify its IT system before the
original implementation date to meet the requested change by the
regulated parties, the Department discovered through the comment
process that such modification is not feasible. DoD has therefore
concluded that there is good cause to dispense with the advanced
notice-and-comment rulemaking requirements in 5 U.S.C. 553.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 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, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined that this rule is a significant
regulatory action. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB) under the requirements of these
E.O.s.
Congressional Review Act
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Under Secretary of Defense for Intelligence and Security,
pursuant to a delegation of authority from the Secretary of Defense,
certifies that this final rule would not, if promulgated, have a
significant economic impact on a substantial number of small business
entities in accordance with the Regulatory Flexibility Act (5 U.S.C.
601) requirements since a contractor cleared legal entity may, in
entering into contracts requiring access to classified information,
negotiate for security costs determined to be properly chargeable by a
Government Contracting Activity.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this rule does not impose any new
information collection or record keeping requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule whose mandates require spending in any 1 year
of $100 million in 1995 dollars, updated annually for inflation. This
final rule will not mandate any requirements for State, local, or
tribal governments, nor will it affect private sector costs.
Executive Order 13132, ``Federalism''
E.O. 13132 establishes certain requirements that an agency must
meet when it promulgates a final rule (and subsequent final rule) that
imposes substantial direct requirement costs on State and local
governments, preempts State law, or otherwise has Federalism
implications. This final rule will not have a substantial effect on
State and local governments.
List of Subjects in 32 CFR Part 117
Classified information; Government contracts; USG contracts,
National Industrial Program (NISP); Prime contractor, Subcontractor.
Accordingly, 32 CFR part 117 is amended as follows:
PART 117-- NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL
(NISPOM)
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 32 CFR part 2004; E.O. 10865; E.O. 12333; E.O.
12829; E.O. 12866; E.O. 12968; E.O. 13526; E.O. 13563; E.O. 13587;
E.O. 13691; Pub. L. 108-458; Title 42 U.S.C. 2011 et seq.; Title 50
U.S.C. Chapter 44; Title 50 U.S.C. 3501 et seq.
0
2. In Sec. 117.1, paragraph (b)(3) is revised to read as follows:
[[Page 46599]]
Sec. 117.1 Purpose.
* * * * *
(b) * * *
(3) Prescribes that contractors will implement the provisions of
this part no later than 6 months from February 24, 2021, with the
exception of requirements for reporting foreign travel to the
Department of Defense prescribed in SEAD 3 and implemented through this
rule. Contractors under the security cognizance of the Department of
Defense will begin reporting foreign travel to the Department of
Defense no later than 18 months from February 24, 2021.
Dated: August 12, 2021.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-17688 Filed 8-18-21; 8:45 am]
BILLING CODE 5001-06-P
