[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]



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 

ACTION: Final rule.


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 


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 L. 111-383) repealed the restriction from foreign sources of 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:

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.


225.7016 through 225.7016-4   [Removed]

2. Sections 225.7016 through 225.7016-4 are removed.


252.225-7018   [Removed and reserved]

3. Section 252.225-7018 is removed and reserved.

[FR Doc. 2011-6234 Filed 3-16-11; 8:45 am]