[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14589-14590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6234]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AH18
Defense Federal Acquisition Regulation Supplement; Repeal of
Restriction on Ballistic Missile Defense Research, Development, Test,
and Evaluation (DFARS Case 2011-D026)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule to implement section 222 of the
National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-
383). Section 222 repeals the restriction on purchase of Ballistic
Missile Defense research, development, test, and evaluation from
foreign sources.
DATES: Effective date: March 17, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP/DARS Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile
703-602-0350.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends DFARS subpart 225.70 by deleting section
225.7016 and the associated clause at DFARS 252.225-7018, because
section 222 of the National Defense Authorization Act for Fiscal Year
2011 (Pub. L. 111-383) repealed the restriction from foreign sources of
acquisition of Ballistic Missile Defense research, development, test,
and evaluation that was required by section 222 of the DoD
Authorization Act for Fiscal Years 1988 and 1989.
II. Executive Order 12866
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. This rule is not
considered a major rule under 5 U.S.C. 804.
[[Page 14590]]
III. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public, and is consistent
with section 222 of the National Defense Authorization Act for Fiscal
Year 2011.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
a final regulatory flexibility analysis is only required for final
rules that were previously published for public comment, and for which
an initial regulatory flexibility analysis was prepared (5 U.S.C. 604).
This final rule does not constitute a significant FAR revision as
defined at FAR 1.501-1 because this rule will not have a significant
cost or administrative impact on contractors or offerors, or a
significant effect beyond the internal operating procedures of the
Government. Therefore, publication for public comment under 41 U.S.C.
1707 is not required.
V. Paperwork Reduction Act
This rule modifies an existing information collection by removing
the requirement for an offeror to represent whether it is or is not a
United States firm by completing the clause at DFARS 252.225-7018.
Deletion of this requirement reduces the total approved hours for the
collection under OMB Control Number 0704-0229, ``Defense Federal
Acquisition Regulation Supplement Part 225, Foreign Acquisition, and
Related Clauses'' from 57,140 to 57,135. A change request has been
submitted to OMB.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
225.7016 through 225.7016-4 [Removed]
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2. Sections 225.7016 through 225.7016-4 are removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7018 [Removed and reserved]
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3. Section 252.225-7018 is removed and reserved.
[FR Doc. 2011-6234 Filed 3-16-11; 8:45 am]
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