Defense Federal Acquisition Regulation Supplement: Repeal of Major Automated Information Systems Provisions (DFARS Case 2017-D028), 46903-46904 [2023-15152]

Download as PDF Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Rules and Regulations 225.7001 Definitions. 225.7010–3 * (End of clause) * * * * Large medium-speed diesel engines means diesel engines whose revolutions per minute (RPM) fall between 300 and 1500 RPM with a displacement greater than 1500 cubic inches per cylinder. * * * * * ■ 6. Revise section 225.7010 to read as follows: The waiver criteria at 225.7008 apply to the restrictions at 225.7010–1. ■ 10. Amend section 225.7010–4— ■ a. By revising the section heading; and ■ b. In paragraphs (a) and (b) by removing ‘‘this restriction’’ and adding ‘‘the restriction at 225.7010–1(a)’’ in its place. The revision reads as follows: [FR Doc. 2023–15153 Filed 7–19–23; 8:45 am] 225.7010 Restrictions on certain naval vessel and auxiliary ship components. 225.7010–4 Implementation of restriction on certain naval vessel components. [Docket DARS–2023–0025] 7. Revise section 225.7010–1 to read as follows: * RIN 0750–AL89 ■ 225.7010–1 Restrictions. In accordance with 10 U.S.C. 4864, unless manufactured in the United States, Australia, Canada, or the United Kingdom, do not acquire: (a) The following components of naval vessels to the extent they are unique to marine applications: (1) Gyrocompasses. (2) Electronic navigation chart systems. (3) Steering controls. (4) Pumps. (5) Propulsion and machinery control systems. (6) Totally enclosed lifeboats. (b) Large medium-speed diesel engines for new construction of auxiliary ships using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. ■ 8. Revise section 225.7010–2 to read as follows: 225.7010–2 lotter on DSK11XQN23PROD with RULES3 Waiver. 46903 18:44 Jul 19, 2023 225.7010–5 Contract clause. Use the clause at 252.225–7062, Restriction on Acquisition of Large Medium-Speed Diesel Engines, in solicitations and contracts that exceed the simplified acquisition threshold, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that require large medium-speed diesel engines for new construction of auxiliary ships using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy unless— (a) An exception at 225.7010–2(b)(2) applies; or (b) A waiver has been granted. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 12. Add section 252.225–7062 to read as follows: ■ Exceptions. (a) The restriction at 225.7010–1(a) does not apply to— (1) Contracts or subcontracts that do not exceed the simplified acquisition threshold; or (2) Acquisition of spare or repair parts needed to support components for naval vessels manufactured outside the United States. Support includes the purchase of spare gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion and machinery control systems, or totally enclosed lifeboats, when those from alternate sources are not interchangeable. (b) The restriction at 225.7010–1(b) does not apply to— (1) Contracts or subcontracts that do not exceed the simplified acquisition threshold; or (2) Large medium-speed diesel engines for icebreakers or special mission ships. ■ 9. Revise section 225.7010–3 to read as follows: VerDate Sep<11>2014 * * * * ■ 11. Add section 225.7010–5 to read as follows: Jkt 259001 252.225–7062 Restriction on Acquisition of Large Medium-Speed Diesel Engines. As prescribed in 225.7010–5, use the following clause: Restriction on Acuisition of Large MediumSpeed Diesel Engines (Jul 2023) (a) Definition. As used in this clause— Large medium-speed diesel engines means diesel engines whose revolutions per minute (RPM) fall between 300 and 1500 RPM with a displacement greater than 1500 cubic inches per cylinder. (b) Restriction. As required by 10 U.S.C. 4864, the Contractor shall deliver under this contract large medium-speed diesel engines manufactured in the United States, Australia, Canada, New Zealand, or the United Kingdom. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts that exceed the simplified acquisition threshold, including subcontracts for commercial products and commercial services, that require large medium-speed diesel engines for new construction of auxiliary ships. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 202 and 234 Defense Federal Acquisition Regulation Supplement: Repeal of Major Automated Information Systems Provisions (DFARS Case 2017–D028) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: 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 2017 that repealed major automated information systems provisions. DATES: Effective July 20, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 703–508–7524. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Section 846 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328) repealed 10 U.S.C. chapter 144A and amended 10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by striking ‘‘or a major automated information system under chapter 144A’’. This final rule amends the definition of ‘‘milestone decision authority’’ in section 202.101, Definitions, by removing the term major automated information system and removes major automated information system programs from section 234.7100, Policy, and the clause prescription at 234.7101, Solicitation Provision and Contract Clause. 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, Publication of Proposed Regulations. Subsection (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 E:\FR\FM\20JYR3.SGM 20JYR3 46904 Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Rules and Regulations 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 this rule merely removes references to major automated information system programs from DFARS policy and procedures for DoD contracting officers; therefore, there is no impact on contractors or offerors. These requirements affect only the internal operating procedures of the Government. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Services and Commercial Products, Including Commercially Available Off-the-Shelf Items This rule does not create any new solicitation provisions or contract clauses. It does not impact any existing solicitation provisions or contract clauses. IV. 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. lotter on DSK11XQN23PROD with RULES3 V. Congressional Review Act As required by the Congressional Review Act (5 U.S.C. 801–808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804. VerDate Sep<11>2014 18:44 Jul 19, 2023 Jkt 259001 VI. Regulatory Flexibility Act DEPARTMENT OF DEFENSE The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. Defense Acquisition Regulations System VII. Paperwork Reduction Act This 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 Parts 202 and 234 Government procurement. Therefore, 48 CFR parts 202 and 234 are amended as follows: 1. The authority citation for parts 202 and 234 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 202—DEFINITIONS OF WORDS AND TERMS [Amended] 2. Amend section 202.101 in the definition of ‘‘Milestone decision authority’’ by removing ‘‘, major automated information system,’’. ■ PART 234—MAJOR SYSTEM ACQUISITION 234.7100 [Amended] 3. Amend section 234.7100 in paragraph (a) by removing ‘‘, and major automated information system programs (as defined in 10 U.S.C. 2445a)’’. ■ 234.7101 [Amended] 4. Amend section 234.7101 in paragraph (b) introductory text and paragraphs (b)(1) and (2) by removing ‘‘or major automated information system programs’’. ■ [FR Doc. 2023–15152 Filed 7–19–23; 8:45 am] BILLING CODE5001–06–P PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 [Docket DARS–2023–0003] RIN 0750–AL60 Defense Federal Acquisition Regulation Supplement: Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022–D009) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is adopting as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2022 that restricts the acquisition of personal protective equipment and certain other items from the Democratic People’s Republic of North Korea, the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. DATES: Effective July 20, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 703–717– 3446. SUMMARY: Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. 202.101 48 CFR Parts 212, 225, and 252 SUPPLEMENTARY INFORMATION: I. Background DoD published an interim rule in the Federal Register at 88 FR 6600 on January 31, 2023, to implement section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117–81) (10 U.S.C. 2533e) and section 881 of the NDAA for FY 2023 (Pub. L. 117–263). Section 802 adds the restriction to 10 U.S.C. 2533e (transferred to 10 U.S.C. 4875) that limits the acquisition of covered items (personal protective equipment and certain other items) from any of the following covered countries, subject to exceptions: the Democratic People’s Republic of North Korea, the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. There were no public comments submitted in response to the interim rule. Minor changes are made throughout the rule to remove references to section 802 of the NDAA for FY 2022. Those references are unnecessary, because section 802 has E:\FR\FM\20JYR3.SGM 20JYR3

Agencies

[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46903-46904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15152]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202 and 234

[Docket DARS-2023-0025]
RIN 0750-AL89


Defense Federal Acquisition Regulation Supplement: Repeal of 
Major Automated Information Systems Provisions (DFARS Case 2017-D028)

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 implement a section of the 
National Defense Authorization Act for Fiscal Year 2017 that repealed 
major automated information systems provisions.

DATES: Effective July 20, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 703-508-7524.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 846 of the National Defense Authorization Act for Fiscal 
Year 2017 (Pub. L. 114-328) repealed 10 U.S.C. chapter 144A and amended 
10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by striking ``or a 
major automated information system under chapter 144A''. This final 
rule amends the definition of ``milestone decision authority'' in 
section 202.101, Definitions, by removing the term major automated 
information system and removes major automated information system 
programs from section 234.7100, Policy, and the clause prescription at 
234.7101, Solicitation Provision and Contract Clause.

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, Publication of Proposed 
Regulations. Subsection (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

[[Page 46904]]

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 this rule merely removes references to major automated 
information system programs from DFARS policy and procedures for DoD 
contracting officers; therefore, there is no impact on contractors or 
offerors. These requirements affect only the internal operating 
procedures of the Government.

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

    This rule does not create any new solicitation provisions or 
contract clauses. It does not impact any existing solicitation 
provisions or contract clauses.

IV. 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.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VII. Paperwork Reduction Act

    This 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 Parts 202 and 234

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 202 and 234 are amended as follows:

0
1. The authority citation for parts 202 and 234 continues to read as 
follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101  [Amended]

0
 2. Amend section 202.101 in the definition of ``Milestone decision 
authority'' by removing ``, major automated information system,''.

PART 234--MAJOR SYSTEM ACQUISITION


234.7100  [Amended]

0
3. Amend section 234.7100 in paragraph (a) by removing ``, and major 
automated information system programs (as defined in 10 U.S.C. 
2445a)''.


234.7101  [Amended]

0
4. Amend section 234.7101 in paragraph (b) introductory text and 
paragraphs (b)(1) and (2) by removing ``or major automated information 
system programs''.

[FR Doc. 2023-15152 Filed 7-19-23; 8:45 am]
BILLING CODE5001-06-P

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