Defense Federal Acquisition Regulation Supplement: Restrictions on Overhaul and Repair of Naval Vessels in Foreign Shipyards (DFARS Case 2021-D021), 17360-17362 [2023-05677]
Download as PDF
<![CDATA[
17360
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
‘‘Other approval’’ as defined in the
ITAR at 22 CFR 120.57, means a
document issued by the Deputy
Assistant Secretary of State for Defense
Trade Controls, or authorized designee,
that approves an activity regulated by
the ITAR (e.g., approvals for brokering
activities or retransfer authorizations),
or the use of an exemption to the license
requirements as described in the ITAR.
Relevant export authorization means
an export license exemption, export
license exception, export license, or
other approval.
*
*
*
*
*
(e)(1) If the contract requires
government quality assurance
surveillance oversight and has delivery
to, or production or performance in,
government quality assurance countries,
the Contractor shall, upon receipt of
relevant export authorizations, provide
to the Defense Contract Management
Agency (DCMA) Administrative
Contracting Officer—
(i) A copy of the relevant export
authorizations; and
(ii) Contact information for the
empowered official or the export point
of contact.
(2) The DCMA administrative
contracting officer locater can be found
at https://pubmini.dcma.mil/CMT_
View/CMT_View_Search.cfm.
(f) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (f), in all
subcontracts.
*
*
*
*
*
[FR Doc. 2023–05676 Filed 3–21–23; 8:45 am]
BILLING CODE 50010–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
[Docket DARS–2023–0006]
RIN 0750–AL39
Defense Federal Acquisition
Regulation Supplement: Restrictions
on Overhaul and Repair of Naval
Vessels in Foreign Shipyards (DFARS
Case 2021–D021)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
lotter on DSK11XQN23PROD with PROPOSALS3
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
SUMMARY:
VerDate Sep<11>2014
17:56 Mar 21, 2023
Jkt 259001
Year 2021 that restricts overhaul and
repair of a naval vessel in a shipyard
outside the United States or Guam.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before May
22, 2023, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2021–D021,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
‘‘DFARS Case 2021–D021.’’ Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
‘‘DFARS Case 2021–D021’’ on any
attached documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2021–D021 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:
I. Background
DoD is proposing to revise the DFARS
to implement section 1025 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2021 (Pub.
L. 116–283). Section 1025 amends 10
U.S.C. 8680(a) to restrict the overhaul or
repair of a naval vessel in a shipyard
outside the United States or Guam. The
restriction does not apply to voyage
repairs or to repairs required for damage
sustained due to hostile actions or
interventions. In addition, the
restriction does not apply to a naval
vessel classified as a littoral combat ship
operating on deployment for corrective
and preventive maintenance or repair
and facilities maintenance.
The proposed rule also establishes the
criteria under which foreign workers or
foreign contractors may be used to
perform corrective and preventive
maintenance or repair or facilities
maintenance on a naval vessel.
II. Discussion and Analysis
A. Overhaul and Repair Restrictions
The proposed revisions to the DFARS
implement the 10 U.S.C. 8680(a)
restrictions and identify the exceptions
for the repair of damage sustained as a
result of hostile actions or interventions
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
and for corrective and preventive
maintenance and facilities maintenance
on a littoral combat ship operating on
deployment. DFARS 225.7013 is revised
to add definitions at 225.7013–1 and
expand restrictions at 225.7013–2.
B. Definitions
DFARS 225.7013–1, Definitions, is
added to define the terms ‘‘corrective
and preventive maintenance or repair’’
and ‘‘facilities maintenance’’ as defined
in 10 U.S.C. 8680.
C. Restrictions and Exceptions
DFARS 225.7013–2(a) restates the
restriction previously located at DFARS
225.7013(a) to not award a contract to
construct a vessel or major component
of a vessel in a foreign shipyard. DFARS
225.7013–2(b) provides the restriction to
not overhaul, repair, or maintain in a
shipyard outside the United States or
Guam, except the restriction does not
apply to: (1) voyage repairs or repairs
necessary to correct damage sustained
due to hostile actions or interventions;
and (2) corrective and preventive
maintenance or repair or facilities
maintenance on a naval vessel classified
as a littoral combat ship operating on
deployment.
D. Foreign Workers and Contractors
DFARS 225.7013–2(b) also specifies
the circumstances in which foreign
workers and contractors may be used to
maintain or repair littoral combat ships
operating on deployment. Foreign
workers may be used only if the
Secretary of the Navy, without further
delegation, determines that travel by
U.S. Government or contractor
personnel is not advisable for health or
safety reasons. Foreign contractors may
be used to perform facilities
maintenance only as approved by the
Secretary of Navy.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial
Products, Including Commercially
Available Off-the-Shelf Items, and
Commercial Services
This proposed rule does not create
any new solicitation provisions or
contract clauses. It does not impact any
existing solicitation provisions or
contract clauses or prescriptions for
their use.
IV. Expected Impact of the Proposed
Rule
Currently, DFARS 225.7013 includes
the restrictions on the construction or
repair of vessels in foreign shipyards.
This proposed rule adds the exception
for repairs necessary to correct damage
E:\FR\FM\22MRP3.SGM
22MRP3
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
sustained due to hostile actions or
interventions and for corrective and
preventive maintenance or repair and
facilities maintenance on naval vessels
classified as littoral combat ships
operating on deployment. Under these
exceptions, the repairs or maintenance
described above may be performed in a
shipyard outside the United States or
Guam in accordance with 10 U.S.C.
8680(a). The proposed rule also
specifies the authorized use of foreign
workers under certain conditions when
a determination is made by the
Secretary of the Navy, who cannot
further delegate the authority to make
such a determination.
lotter on DSK11XQN23PROD with PROPOSALS3
V. 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.
VI. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the rule only includes
the restrictions on the construction or
repair of vessels in shipyards outside
the United States or Guam. However, an
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
DoD proposes to amend the DFARS to
implement section 1025 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2021 (Pub. L. 116–283)
that amends 10 U.S.C. 8680(a). Section
1025 restricts the overhaul or repair of
a naval vessel in a shipyard outside the
United States or Guam, unless the
repairs are: (1) voyage repairs or repairs
necessary to correct damage sustained
due to hostile actions or interventions;
or (2) to a naval vessel classified as a
littoral combat ship operating on
deployment for corrective and
preventive maintenance or repair and
facilities maintenance. The proposed
rule also establishes that: (1) foreign
workers may not be used to perform
VerDate Sep<11>2014
17:56 Mar 21, 2023
Jkt 259001
corrective and preventive maintenance
or repair on a naval vessel, unless the
Secretary of the Navy (without further
delegation) makes a determination; and
(2) foreign contractors may not be used
to perform facilities maintenance unless
approved by the Secretary of the Navy.
The objective of the proposed rule is
to implement the restrictions of section
1025. The legal basis for the proposed
rule is section 1025 of the NDAA for FY
2021.
DoD reviewed data from the Federal
Procurement Data System (FPDS) for
fiscal years 2019, 2020, and 2021 for
contracts for the repair or overhaul of
naval vessels outside the United States
or Guam that exceeded the simplified
acquisition threshold. DoD awarded a
total of 379 contracts to an average of
222 unique small entities.
It is expected that this proposed rule
will continue to provide small
businesses the opportunity to
participate in acquisitions for the
overhaul or repair of a naval vessel in
a shipyard outside the United States or
Guam, since naval vessel overhaul
restrictions currently exist and this rule
provides exceptions that allow for U.S.
contractor personnel to perform certain
repairs and maintenance in accordance
with 10 U.S.C. 8680.
This proposed rule does not include
any new reporting, recordkeeping, or
other compliance requirements for small
entities.
The proposed rule does not duplicate,
overlap, or conflict with any other
Federal rules.
There are no known significant
alternative approaches to the proposed
rule that would meet the requirements
of the statute.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
proposed rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this proposed rule in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 610 (DFARS
Case 2021–D021), in correspondence.
VII. Paperwork Reduction Act
This proposed 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).
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
17361
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 225 is
proposed to be amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise section 225.7013 to read as
follows:
■
225.7013 Restrictions on construction or
repair of vessels in foreign shipyards.
3. Add sections 225.7013–0,
225.7013–1, and 225.7013–2 to read as
follows:
■
225.7013–0
Scope.
This section implements 10 U.S.C.
8679 and 10 U.S.C. 8680.
225.7013–1
Definitions.
As used in this section—
Corrective and preventive
maintenance or repair means—
(1) Maintenance or repair actions
performed as a result of a failure in
order to return or restore equipment to
acceptable performance levels; and
(2) Scheduled maintenance or repair
actions to prevent or discover functional
failures.
Facilities maintenance means the
effort required to—
(1) Provide housekeeping services
throughout the ship;
(2) Perform coating maintenance and
repair to exterior and interior surfaces
due to normal environmental
conditions; and
(3) Clean mechanical spaces, mission
zones, and topside spaces.
225.7013–2
Restrictions.
(a) Contract award (10 U.S.C. 8679).
Do not award a contract to construct in
a foreign shipyard—
(1) A vessel for any of the armed
forces; or
(2) A major component of the hull or
superstructure of a vessel for any of the
armed forces.
(b) Overhaul, repair, or maintenance
(10 U.S.C. 8680). (1) Do not overhaul,
repair, or maintain, in a shipyard
outside the United States or Guam, a
naval vessel (or any other vessel under
the jurisdiction of the Secretary of the
Navy) homeported in the United States
or Guam.
(2) This restriction on overhaul,
repair, or maintenance does not apply
to—
E:\FR\FM\22MRP3.SGM
22MRP3
17362
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS3
(i) Voyage repairs;
(ii) Repairs necessary to correct
damage sustained due to hostile actions
or interventions.
(3) For a naval vessel classified as a
littoral combat ship and operating on
deployment—
(i) Corrective and preventive
maintenance or repair, whether
intermediate or depot level, and
facilities maintenance may be
VerDate Sep<11>2014
17:56 Mar 21, 2023
Jkt 259001
performed if the work is performed by
U.S. Government personnel or U.S.
contractor personnel—
(A) In a foreign shipyard;
(B) At a facility outside of a foreign
shipyard; or
(C) At any other facility convenient to
the vessel.
(ii) Foreign workers may be used to
perform corrective and preventive
maintenance or repair, only if the
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
Secretary of the Navy, without power of
delegation, determines that travel by
U.S. Government or contractor
personnel to perform the maintenance
or repair is not advisable for health or
safety reasons.
(iii) Foreign contractors may perform
facilities maintenance only as approved
by the Secretary of Navy.
[FR Doc. 2023–05677 Filed 3–21–23; 8:45 am]
BILLING CODE 5001–066–P
E:\FR\FM\22MRP3.SGM
22MRP3
]]>Agencies
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Proposed Rules]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05677]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
[Docket DARS-2023-0006]
RIN 0750-AL39
Defense Federal Acquisition Regulation Supplement: Restrictions
on Overhaul and Repair of Naval Vessels in Foreign Shipyards (DFARS
Case 2021-D021)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement a section of the National
Defense Authorization Act for Fiscal Year 2021 that restricts overhaul
and repair of a naval vessel in a shipyard outside the United States or
Guam.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before May 22, 2023, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2021-D021, using
any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for ``DFARS Case 2021-D021.'' Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2021-
D021'' on any attached documents.
[cir] Email: [email protected]. Include DFARS Case 2021-D021 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:
I. Background
DoD is proposing to revise the DFARS to implement section 1025 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021
(Pub. L. 116-283). Section 1025 amends 10 U.S.C. 8680(a) to restrict
the overhaul or repair of a naval vessel in a shipyard outside the
United States or Guam. The restriction does not apply to voyage repairs
or to repairs required for damage sustained due to hostile actions or
interventions. In addition, the restriction does not apply to a naval
vessel classified as a littoral combat ship operating on deployment for
corrective and preventive maintenance or repair and facilities
maintenance.
The proposed rule also establishes the criteria under which foreign
workers or foreign contractors may be used to perform corrective and
preventive maintenance or repair or facilities maintenance on a naval
vessel.
II. Discussion and Analysis
A. Overhaul and Repair Restrictions
The proposed revisions to the DFARS implement the 10 U.S.C. 8680(a)
restrictions and identify the exceptions for the repair of damage
sustained as a result of hostile actions or interventions and for
corrective and preventive maintenance and facilities maintenance on a
littoral combat ship operating on deployment. DFARS 225.7013 is revised
to add definitions at 225.7013-1 and expand restrictions at 225.7013-2.
B. Definitions
DFARS 225.7013-1, Definitions, is added to define the terms
``corrective and preventive maintenance or repair'' and ``facilities
maintenance'' as defined in 10 U.S.C. 8680.
C. Restrictions and Exceptions
DFARS 225.7013-2(a) restates the restriction previously located at
DFARS 225.7013(a) to not award a contract to construct a vessel or
major component of a vessel in a foreign shipyard. DFARS 225.7013-2(b)
provides the restriction to not overhaul, repair, or maintain in a
shipyard outside the United States or Guam, except the restriction does
not apply to: (1) voyage repairs or repairs necessary to correct damage
sustained due to hostile actions or interventions; and (2) corrective
and preventive maintenance or repair or facilities maintenance on a
naval vessel classified as a littoral combat ship operating on
deployment.
D. Foreign Workers and Contractors
DFARS 225.7013-2(b) also specifies the circumstances in which
foreign workers and contractors may be used to maintain or repair
littoral combat ships operating on deployment. Foreign workers may be
used only if the Secretary of the Navy, without further delegation,
determines that travel by U.S. Government or contractor personnel is
not advisable for health or safety reasons. Foreign contractors may be
used to perform facilities maintenance only as approved by the
Secretary of Navy.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Products, Including Commercially Available
Off-the-Shelf Items, and Commercial Services
This proposed rule does not create any new solicitation provisions
or contract clauses. It does not impact any existing solicitation
provisions or contract clauses or prescriptions for their use.
IV. Expected Impact of the Proposed Rule
Currently, DFARS 225.7013 includes the restrictions on the
construction or repair of vessels in foreign shipyards. This proposed
rule adds the exception for repairs necessary to correct damage
[[Page 17361]]
sustained due to hostile actions or interventions and for corrective
and preventive maintenance or repair and facilities maintenance on
naval vessels classified as littoral combat ships operating on
deployment. Under these exceptions, the repairs or maintenance
described above may be performed in a shipyard outside the United
States or Guam in accordance with 10 U.S.C. 8680(a). The proposed rule
also specifies the authorized use of foreign workers under certain
conditions when a determination is made by the Secretary of the Navy,
who cannot further delegate the authority to make such a determination.
V. 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.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule only includes the restrictions on the construction or
repair of vessels in shipyards outside the United States or Guam.
However, an initial regulatory flexibility analysis has been performed
and is summarized as follows:
DoD proposes to amend the DFARS to implement section 1025 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021
(Pub. L. 116-283) that amends 10 U.S.C. 8680(a). Section 1025 restricts
the overhaul or repair of a naval vessel in a shipyard outside the
United States or Guam, unless the repairs are: (1) voyage repairs or
repairs necessary to correct damage sustained due to hostile actions or
interventions; or (2) to a naval vessel classified as a littoral combat
ship operating on deployment for corrective and preventive maintenance
or repair and facilities maintenance. The proposed rule also
establishes that: (1) foreign workers may not be used to perform
corrective and preventive maintenance or repair on a naval vessel,
unless the Secretary of the Navy (without further delegation) makes a
determination; and (2) foreign contractors may not be used to perform
facilities maintenance unless approved by the Secretary of the Navy.
The objective of the proposed rule is to implement the restrictions
of section 1025. The legal basis for the proposed rule is section 1025
of the NDAA for FY 2021.
DoD reviewed data from the Federal Procurement Data System (FPDS)
for fiscal years 2019, 2020, and 2021 for contracts for the repair or
overhaul of naval vessels outside the United States or Guam that
exceeded the simplified acquisition threshold. DoD awarded a total of
379 contracts to an average of 222 unique small entities.
It is expected that this proposed rule will continue to provide
small businesses the opportunity to participate in acquisitions for the
overhaul or repair of a naval vessel in a shipyard outside the United
States or Guam, since naval vessel overhaul restrictions currently
exist and this rule provides exceptions that allow for U.S. contractor
personnel to perform certain repairs and maintenance in accordance with
10 U.S.C. 8680.
This proposed rule does not include any new reporting,
recordkeeping, or other compliance requirements for small entities.
The proposed rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no known significant alternative approaches to the
proposed rule that would meet the requirements of the statute.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this proposed rule on
small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this proposed rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2021-
D021), in correspondence.
VII. Paperwork Reduction Act
This proposed 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.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is proposed to be amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Revise section 225.7013 to read as follows:
225.7013 Restrictions on construction or repair of vessels in foreign
shipyards.
0
3. Add sections 225.7013-0, 225.7013-1, and 225.7013-2 to read as
follows:
225.7013-0 Scope.
This section implements 10 U.S.C. 8679 and 10 U.S.C. 8680.
225.7013-1 Definitions.
As used in this section--
Corrective and preventive maintenance or repair means--
(1) Maintenance or repair actions performed as a result of a
failure in order to return or restore equipment to acceptable
performance levels; and
(2) Scheduled maintenance or repair actions to prevent or discover
functional failures.
Facilities maintenance means the effort required to--
(1) Provide housekeeping services throughout the ship;
(2) Perform coating maintenance and repair to exterior and interior
surfaces due to normal environmental conditions; and
(3) Clean mechanical spaces, mission zones, and topside spaces.
225.7013-2 Restrictions.
(a) Contract award (10 U.S.C. 8679). Do not award a contract to
construct in a foreign shipyard--
(1) A vessel for any of the armed forces; or
(2) A major component of the hull or superstructure of a vessel for
any of the armed forces.
(b) Overhaul, repair, or maintenance (10 U.S.C. 8680). (1) Do not
overhaul, repair, or maintain, in a shipyard outside the United States
or Guam, a naval vessel (or any other vessel under the jurisdiction of
the Secretary of the Navy) homeported in the United States or Guam.
(2) This restriction on overhaul, repair, or maintenance does not
apply to--
[[Page 17362]]
(i) Voyage repairs;
(ii) Repairs necessary to correct damage sustained due to hostile
actions or interventions.
(3) For a naval vessel classified as a littoral combat ship and
operating on deployment--
(i) Corrective and preventive maintenance or repair, whether
intermediate or depot level, and facilities maintenance may be
performed if the work is performed by U.S. Government personnel or U.S.
contractor personnel--
(A) In a foreign shipyard;
(B) At a facility outside of a foreign shipyard; or
(C) At any other facility convenient to the vessel.
(ii) Foreign workers may be used to perform corrective and
preventive maintenance or repair, only if the Secretary of the Navy,
without power of delegation, determines that travel by U.S. Government
or contractor personnel to perform the maintenance or repair is not
advisable for health or safety reasons.
(iii) Foreign contractors may perform facilities maintenance only
as approved by the Secretary of Navy.
[FR Doc. 2023-05677 Filed 3-21-23; 8:45 am]
BILLING CODE 5001-066-P
