Defense Federal Acquisition Regulation Supplement; Technical Amendment, 52338-52339 [2022-18227]
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 382,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final rulemaking
action, pertaining to New York’s oil and
gas sector control measures submission,
is not approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. In § 52.1670 amend the table in
paragraph (c) by revising the entry
‘‘Title 6, Part 200, Subpart 200.9’’ and
adding an entry for ‘‘Title 6, Part 203’’
after the entry for ‘‘Title 6, Part 202,
Subpart 202–2’’, to read as follows:
■
§ 52.1670
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
State
effective
date
Title/subject
*
Title 6, Part 200, Subpart
200.9.
*
*
General Provisions, Referenced material.
*
Title 6, Part 203 ...............
*
*
Oil and Natural Gas Sector.
*
*
*
3/18/22
8/25/22
*
3/18/2022
*
[FR Doc. 2022–18323 Filed 8–24–22; 8:45 am]
EPA approval
date
8/25/22
*
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Defense Acquisition Regulations
System
SUMMARY:
Defense Federal Acquisition
Regulation Supplement; Technical
Amendment
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
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Final rule; technical
amendment.
ACTION:
[Docket DARS–2022–0001]
Jkt 256001
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• EPA approval finalized at [INSERT FR CITATION].
DEPARTMENT OF DEFENSE
48 CFR Part 207
16:00 Aug 24, 2022
*
*
*
• EPA is approving referenced materials that previously were not Federally enforceable.
• EPA approval finalized at [INSERT FR CITATION].
*
BILLING CODE 6560–50–P
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Comments
DoD is making a needed
technical amendment to update the
Defense Federal Acquisition Regulation
Supplement (DFARS).
DATES: Effective August 25, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to add section
207.108 to provide a notice to
contracting officers to see DFARS
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
Procedures, Guidance, and Information
(PGI) for additional guidance
concerning places of performance.
List of Subjects in 48 CFR Part 207
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 207 is
amended as follows:
PART 207—ACQUISITION PLANNING
1. The authority citation for 48 CFR
part 207 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add section 207.108 to read as
follows:
■
207.108 Additional requirements for
telecommuting.
See PGI 207.108 for additional
guidance concerning places of
performance.
[FR Doc. 2022–18227 Filed 8–24–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
[Docket DARS–2022–0020]
RIN 0750–AL61
Defense Federal Acquisition
Regulation Supplement: Employment
Transparency Regarding Individuals
Who Perform Work in the People’s
Republic of China (DFARS Case 2022–
D010)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act that
requires a disclosure from entities that
employ one or more individuals who
will perform work in the People’s
Republic of China.
DATES: Effective August 25, 2022.
Comments on the interim rule should
be submitted in writing to the address
shown below on or before October 24,
2022, to be considered in the formation
of a final rule.
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SUMMARY:
VerDate Sep<11>2014
16:00 Aug 24, 2022
Jkt 256001
Submit comments
identified by DFARS Case 2022–D010,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
‘‘DFARS Case 2022–D010.’’ Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
your name, company name (if any), and
‘‘DFARS Case 2022–D010’’ on any
attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2022–D010 in the subject
line of the message.
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 https://
www.regulations.gov, approximately
two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT:
Kimberly Bass, telephone 703–717–
3446.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
This interim rule revises the DFARS
to implement section 855 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2022 (Pub.
L. 117–81, 10 U.S.C. 4651 note prec.).
Section 855 requires offerors who are
covered entities, when submitting a bid
or proposal for a covered contract, to
disclose their use of workforce and
facilities in the People’s Republic of
China, if they employ one or more
individuals who will perform work in
the People’s Republic of China, unless
a national security waiver has been
granted. A recurring disclosure is also
required for fiscal years 2023 and 2024,
for contractors that are covered entities
and are a party to one or more covered
contracts in each fiscal year, if the
contractor employs one or more
individuals who perform work in the
People’s Republic of China on any such
contract.
II. Discussion and Analysis
A. Award Restriction
Unless a waiver has been granted, the
statutory restriction on the award,
renewal, or extension of a covered
contract requires the offeror to provide,
at the time of an offer, the disclosures
required in the solicitation provision at
DFARS 252.225–7057, Preaward
Disclosure of Employment of
Individuals Who Work in the People’s
Republic of China. The statutory
restriction requires contractors to
provide the disclosures required in the
contract clause at 252.225–7058,
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52339
Postaward Disclosure of Employment of
Individuals Who Work in the People’s
Republic of China. Specifically, offerors
and contractors that are covered entities
are required to disclose their use of
workforce and facilities in the People’s
Republic of China, if they employ one
or more individuals who will perform
work in the People’s Republic of China
on a covered contract.
B. Preaward Disclosure Requirements
This rule adds in the provision at
252.225–7057, Preaward Disclosure of
Employment of Individuals Who Work
in the People’s Republic of China, the
requirement for offerors to disclose their
use of workforce and facilities in the
People’s Republic of China, if the offeror
employs one or more individuals who
perform work in the People’s Republic
of China, unless a national security
waiver of the disclosure is granted. The
preaward disclosure is required at the
time the offeror submits an offer.
C. Postaward Disclosure Requirements
The requirement for the postaward
disclosures for fiscal years 2023 and
2024 is located in the clause at 252.225–
7058, Postaward Disclosure of
Employment of Individuals Who Work
in the People’s Republic of China. These
disclosures are required following the
contract award for contractors that are
covered entities. The postaward
disclosures must include the total
number of individuals who will perform
work in the People’s Republic of China
on the covered contracts; and a
description of the physical presence of
the facility, including the street address,
where work on the covered contract will
be performed.
D. National Security Waiver of
Disclosure
The requirement for the national
security waiver of disclosure is added at
DFARS 225.7021–3. The disclosure
requirements may be waived if the
senior procurement executive
determines in writing that such
disclosure would not be in the national
security interests of the United States.
The waiver authority may not be
delegated. A cross-reference is provided
to DFARS PGI 225.7021–4(a) to provide
guidance on requirements for the senior
procurement executive’s determination.
E. Definitions
Definitions for ‘‘covered contract’’ and
‘‘covered entity’’ are included at
225.7021–1 as defined in the statute.
‘‘Covered contract’’ is defined as any
DoD contract or subcontract with a
value in excess of $5 million and
excludes contracts for commercial
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52338-52339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18227]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 207
[Docket DARS-2022-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendment
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is making a needed technical amendment to update the
Defense Federal Acquisition Regulation Supplement (DFARS).
DATES: Effective August 25, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to add
section 207.108 to provide a notice to contracting officers to see
DFARS
[[Page 52339]]
Procedures, Guidance, and Information (PGI) for additional guidance
concerning places of performance.
List of Subjects in 48 CFR Part 207
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 207 is amended as follows:
PART 207--ACQUISITION PLANNING
0
1. The authority citation for 48 CFR part 207 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add section 207.108 to read as follows:
207.108 Additional requirements for telecommuting.
See PGI 207.108 for additional guidance concerning places of
performance.
[FR Doc. 2022-18227 Filed 8-24-22; 8:45 am]
BILLING CODE 5001-06-P
