Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026), 90232-90233 [2024-26059]
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
1. The authority citation for part 52
continues to read as follows:
■
48 CFR Part 202
[Docket DARS–2024–0033]
Authority: 42 U.S.C. 7401 et seq.
RIN 0750–AM23
Subpart H—Connecticut
Defense Federal Acquisition
Regulation Supplement: Updates to
the Definition of Departments and
Agencies (DFARS Case 2024–D026)
2. Amend § 52.370 by adding
paragraph (c)(134) to read as follows:
■
§ 52.370
Identification of plan
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(c) * * *
(134) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on May 9,
2023, and supplemented on February
21, 2024.
(i) [Reserved]
(ii) Additional materials.
(A) The Connecticut Department of
Energy and Environmental Protection
document ‘‘Limited Maintenance Plan
for Connecticut’s Fine Particulate Matter
(PM2.5) Maintenance Area’’ dated March
2023.
(B) The CT DEEP document ‘‘Motor
Vehicle Assessment for Connecticut’s
Fine Particulate Matter (PM2.5)
Maintenance Area Limited Maintenance
Plan’’ received via email dated July 4,
2023.
3. Amend § 52.379 by adding
paragraph (i) to read as follows:
■
§ 52.379
Control Strategy: PM2.5
*
*
*
*
*
(i) Approval—EPA is approving a
2006 24-hour PM2.5 standard Limited
Maintenance Plan for the Connecticut
portion of the New York-N New JerseyLong Island, NY-NJ-CT fine particle
(PM2.5) maintenance area, covering New
Haven and Fairfield Counties, which
covers the remaining 10-year portion of
the 20-year maintenance period.
Connecticut submitted this plan to EPA
on May 9, 2023, and supplemented it on
February 21, 2024.
[FR Doc. 2024–26329 Filed 11–14–24; 8:45 am]
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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 provide updates to the
existing definition of ‘‘departments and
agencies.’’
DATES: Effective November 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Tonya De Saussure, telephone (202)
805–1388.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This final rule revises the DFARS
definition of ‘‘departments and
agencies’’ at DFARS 202.101,
Definitions, to add recently established
defense agencies. This update is part of
a periodic policy review to ensure the
accuracy of the regulation. The last
update to this definition occurred on
January 30, 2013 (77 FR 76938), under
DFARS case 2012–D045.
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
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 it does not have a
significant effect beyond the internal
operating procedures of DoD. The final
rule provides for recent additions to the
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defense agencies identified in the
definition of ‘‘departments and
agencies.’’
III. Applicability to Contracts At or
Below the Simplified Acquisition
Threshold (SAT), for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
and for Commercial Services
This final rule does not create any
new solicitation provisions or contract
clauses. It does not impact any existing
solicitation provisions or contract
clauses or their applicability to
contracts valued at or below the
simplified acquisition threshold, for
commercial products including COTS
items, or for commercial services.
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, as amended.
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.
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations
VII. Paperwork Reduction Act
DEPARTMENT OF DEFENSE
This final 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).
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 202
RIN 0750–AK33
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, the Defense Acquisition
Regulations System amends 48 CFR part
202 as follows:
1. The authority citation for 48 CFR
part 202 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 202.101 by revising
the definition of ‘‘Departments and
agencies’’ to read as follows:
■
Definitions.
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*
*
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Departments and agencies, as used in
DFARS, means the military departments
and the defense agencies. The military
departments are the Departments of the
Army, Navy, and Air Force (the Marine
Corps is a part of the Department of the
Navy, and the Space Force is a part of
the Air Force). The defense agencies are
the Chief Digital and Artificial
Intelligence Office, the Defense
Advanced Research Projects Agency, the
Defense Commissary Agency, the
Defense Contract Management Agency,
the Defense Counterintelligence and
Security Agency, the Defense Finance
and Accounting Service, the Defense
Health Agency, the Defense Information
Systems Agency, the Defense
Intelligence Agency, the Defense
Logistics Agency, the Defense Threat
Reduction Agency, the Missile Defense
Agency, the National GeospatialIntelligence Agency, the National
Security Agency, the Strategic
Capabilities Office, the United States
Cyber Command, the United States
Special Operations Command, the
United States Transportation Command,
and the Washington Headquarters
Service.
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*
*
*
[FR Doc. 2024–26059 Filed 11–14–24; 8:45 am]
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[Docket DARS–2023–0043]
Defense Federal Acquisition
Regulation Supplement: Inapplicability
of Additional Defense-Unique Laws
and Certain Non-Statutory DFARS
Clauses to Commercial Item Contracts
(DFARS Case 2018–D074)
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 sections of the
National Defense Authorization Acts for
Fiscal Years 2018 and 2019 regarding
the applicability of certain solicitation
provisions and contract clauses to
contracts and subcontracts for
commercial products, commercial
services, and commercially available
off-the-shelf items.
DATES: Effective November 25, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Jeanette Snyder, telephone 703–508–
7524.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PART 202—DEFINITIONS OF WORDS
AND TERMS
202.101
48 CFR Parts 203, 204, 205, 212, 215,
and 225
I. Background
DoD published a proposed rule in the
Federal Register at 88 FR 80468 on
November 17, 2023, to amend the
DFARS to implement paragraphs (b) and
(c) of section 849 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2018 (Pub. L. 115–91)
and section 837 of the NDAA for FY
2019 (Pub. L. 115–232). Paragraph (b) of
section 849 requires that DoD review the
DFARS and propose revisions to
eliminate certain contract clause
requirements applicable to Federal
Acquisition Regulation (FAR) part 12
commercial product and commercial
service acquisitions, except for
regulations required by law or Executive
order, unless the Secretary of Defense
determines that there is a specific
reason not to eliminate the regulation.
Paragraph (c) of section 849 requires
that DoD review the DFARS and
propose revisions to eliminate certain
contract clause requirements applicable
to commercially available off-the-shelf
(COTS) item subcontracts, except for
regulations required by law or Executive
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90233
order, unless the Secretary of Defense
determines that there is a specific
reason not to eliminate the regulation.
Paragraph (a) of section 837 of the
NDAA for FY 2019 revises 10 U.S.C.
2375(b)(2), redesignated as 10 U.S.C.
3452(b)(2), by deleting the date ‘‘January
1, 2015’’ and adding the date ‘‘October
13, 1994’’ (the date of the Federal
Acquisition Streamlining Act (FASA) of
1994). DoD published an extension to
the comment period in the Federal
Register on December 27, 2023, at 88 FR
89357. Two respondents submitted
public comments in response to the
proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule;
however, no changes were made to the
rule as a result of the comments
received. A discussion of the comments
is provided, as follows:
A. Summary of Significant Changes
From the Proposed Rule
DFARS 212.371 is amended to add
the contract clauses at DFARS 252.204–
7012, Safeguarding Covered Defense
Information and Cyber Incident
Reporting, and 252.205–7000, Provision
of Information to Cooperative
Agreement Holders, to the list of
solicitation provisions and contract
clauses that are inapplicable to contracts
for the acquisition of COTS items. These
clauses are not applicable to contracts
solely for the acquisition of COTS items.
DFARS 212.301 is amended to restore,
to the list of provisions and clauses that
apply to commercial products and
commercial services, the clause at
DFARS 252.203–7005, Representation
Relating to Compensation of Former
DoD Officials, that was removed from
the list in the proposed rule. This
change aligns this final rule with the
final rule for DFARS Case 2010–D020
published in the Federal Register on
November 18, 2011 (76 FR 71826).
B. Analysis of Public Comments
Comment: One respondent
recommended that DFARS clause
252.225–7029, Acquisition of Uniform
Components for Afghan Military or
Afghan National Police, be removed
from the DFARS as it is obsolete, since
the United States is no longer involved
in Afghanistan and is no longer
purchasing uniform components for the
Afghan military or the Afghan National
Police.
Response: DoD acknowledges the
respondent’s concern relating to the
applicability of DFARS clause 252.225–
7029; however, the clause cannot be
removed from the DFARS until the
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]]>Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Rules and Regulations]
[Pages 90232-90233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26059]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202
[Docket DARS-2024-0033]
RIN 0750-AM23
Defense Federal Acquisition Regulation Supplement: Updates to the
Definition of Departments and Agencies (DFARS Case 2024-D026)
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 provide updates to the
existing definition of ``departments and agencies.''
DATES: Effective November 15, 2024.
FOR FURTHER INFORMATION CONTACT: Tonya De Saussure, telephone (202)
805-1388.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule revises the DFARS definition of ``departments and
agencies'' at DFARS 202.101, Definitions, to add recently established
defense agencies. This update is part of a periodic policy review to
ensure the accuracy of the regulation. The last update to this
definition occurred on January 30, 2013 (77 FR 76938), under DFARS case
2012-D045.
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
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 it does not have a significant effect beyond the internal
operating procedures of DoD. The final rule provides for recent
additions to the defense agencies identified in the definition of
``departments and agencies.''
III. Applicability to Contracts At or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This final rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing solicitation
provisions or contract clauses or their applicability to contracts
valued at or below the simplified acquisition threshold, for commercial
products including COTS items, or for commercial services.
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, as amended.
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.
[[Page 90233]]
VII. Paperwork Reduction Act
This final 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 202
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
part 202 as follows:
0
1. The authority citation for 48 CFR part 202 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 202.101 by revising the definition of ``Departments
and agencies'' to read as follows:
202.101 Definitions.
* * * * *
Departments and agencies, as used in DFARS, means the military
departments and the defense agencies. The military departments are the
Departments of the Army, Navy, and Air Force (the Marine Corps is a
part of the Department of the Navy, and the Space Force is a part of
the Air Force). The defense agencies are the Chief Digital and
Artificial Intelligence Office, the Defense Advanced Research Projects
Agency, the Defense Commissary Agency, the Defense Contract Management
Agency, the Defense Counterintelligence and Security Agency, the
Defense Finance and Accounting Service, the Defense Health Agency, the
Defense Information Systems Agency, the Defense Intelligence Agency,
the Defense Logistics Agency, the Defense Threat Reduction Agency, the
Missile Defense Agency, the National Geospatial-Intelligence Agency,
the National Security Agency, the Strategic Capabilities Office, the
United States Cyber Command, the United States Special Operations
Command, the United States Transportation Command, and the Washington
Headquarters Service.
* * * * *
[FR Doc. 2024-26059 Filed 11-14-24; 8:45 am]
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