[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Rules and Regulations]
[Page 21812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8953]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 209 and 252

RIN 0750-AG78


Defense Federal Acquisition Regulation Supplement; Ownership or 
Control by a Foreign Government (DFARS Case 2010-D010)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is adopting as a final rule, without change, an interim 
rule that implemented revisions to DoD Directive-Type Memorandum (DTM) 
09-019, ``Policy Guidance for Foreign Ownership, Control, or Influence 
(FOCI).'' This DTM revises the description of communications security 
material that is ``proscribed information.''

DATES: Effective date: April 19, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Telephone 703-602-
0310.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published an interim rule in the Federal Register at 75 FR 
35684 on June 23, 2010, to implement changes required by Directive-Type 
Memorandum (DTM) 09-019, ``Policy Guidance for Foreign Ownership, 
Control, or Influence (FOCI),'' which required conforming changes to 
the DFARS. The public comment period closed August 23, 2010, and no 
public comments were received. DoD has therefore adopted the interim 
rule as a final rule without change.

II. Executive Order 12866 and Executive Order 13563

    Executive Orders 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). Executive 
Order 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 Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993. 
This rule is not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of entities within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it 
only impacts companies that are owned or controlled by a foreign 
government, and most small entities, as defined in the Regulatory 
Flexibility Act, are not owned or controlled by a foreign government.
    DoD published an interim rule in the Federal Register at 75 FR 
35684 on June 23, 2010, to which there were no public comments.

IV. Paperwork Reduction Act

    The rule does not impose 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 209 and 252

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CRF parts 209 and 252 
published at 75 FR 35684 on June 23, 2010, is adopted as final without 
change.

[FR Doc. 2011-8953 Filed 4-18-11; 8:45 am]
BILLING CODE 5001-08-P