[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Page 71833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29433]



Defense Acquisition Regulations System

48 CFR Parts 202 and 218

RIN 0750-AH29

Defense Federal Acquisition Regulation Supplement: Simplified 
Acquisition Threshold for Humanitarian or Peacekeeping Operations 
(DFARS Case 2011-D032)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is adopting as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the statutory authority to invoke a simplified acquisition 
threshold that is two times the normal amount to support a humanitarian 
or peacekeeping operation.

DATES: Effective Date: November 18, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, telephone 703-


I. Background

    DoD published an interim rule in the Federal Register at 76 FR 
44280 on July 25, 2011, to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement the authority at 10 U.S.C. 
2302(7) to invoke a simplified acquisition threshold that is two times 
the amount specified at 41 U.S.C 134, as amended by section 807 of the 
National Defense Authorization Act for Fiscal Year 2005, for the 
purpose of supporting a humanitarian or peacekeeping operation. The 
current simplified acquisition threshold is $150,000, as specified in 
Federal Acquisition Regulation 2.101. No respondents submitted public 
comments in response to the interim rule.

II. 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. 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 small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule does not impose any requirements on small businesses. 
The statute applies only to purchases made outside the United States 
and only to those purchases that directly support a humanitarian or 
peacekeeping operation. For the definition of ``small business,'' the 
Regulatory Flexibility Act refers to the Small Business Act, which in 
turn allows the U.S. Small Business Administration (SBA) Administrator 
to specify detailed definitions or standards (5 U.S.C. 601(3) and 15 
U.S.C. 632(a)). The SBA regulations at 13 CFR 121.105 discuss who is a 
small business: ``(a)(1) Except for small agricultural cooperatives, a 
business concern eligible for assistance from SBA as a small business 
is a business entity organized for profit, with a place of business 
located in the United States, and which operates primarily within the 
United States or which makes a significant contribution to the U.S. 
economy through payment of taxes or use of American products, materials 
or labor.''

IV. Paperwork Reduction Act

    The 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 218

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR parts 202 and 218, which 
was published at 76 FR 44280 on July 25, 2011, is adopted as a final 
rule without change.

[FR Doc. 2011-29433 Filed 11-17-11; 8:45 am]