[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76938-76939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31086]



Defense Acquisition Regulations System

48 CFR Part 202

RIN 0750-AH81

Defense Federal Acquisition Regulation Supplement: Contracting 
Activity Updates (DFARS Case 2012-D045)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to revise the definitions of 
``contracting activity'' and ``departments and agencies'' found at 
DFARS subpart 202.101.

DATES: Effective Date: January 30, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Lesa Scott, telephone 571-372-


I. Background

    This final rule updates the list of contracting activities and 
moves the list to the DFARS Procedures, Guidance, and Instruction (PGI) 
at 202.101. The reorganization of DFARS 202.101 will facilitate the 
rapid updating of contracting activities as organizational changes 
occur. This final rule--
     Revises the definition of ``contracting activity'' at 
DFARS 202.101 by removing the list of contracting activities;
     Inserts a pointer at DFARS 202.101 to direct readers to 
PGI 202.101 for the list of contracting activities that have been 
delegated broad authority regarding acquisition functions;
     Adds the updated list of contracting activities to the PGI 
at 202.101; and
     Updates the definition of ``departments and agencies.''

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations,'' 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (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 merely updates and moves the list of contracting activities 
from DFARS 202.101, Definitions, to a new DFARS PGI section at 202.101, 
Definitions. These requirements affect only the internal operating 
procedures of the Government.

III. 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.

IV. 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.

V. 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 Part 202

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 202 is amended as follows:


1. The authority citation for 48 CFR part 202 continues to read as 

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

2. Section 202.101 is amended by--
a. Revising the ``contracting activity'' definition; and
b. Revising the ``departments and agencies'' definition.
    The revisions read as follows:

202.101  Definitions.

* * * * *
    Contracting activity for DoD also means elements designated by the 
director of a defense agency which has been delegated contracting 
authority through its agency charter. DoD contracting activities are 
listed at PGI 202.101.
* * * * *
    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

[[Page 76939]]

Corps is a part of the Department of the Navy). The defense agencies 
are the Defense Advanced Research Projects Agency, the Defense 
Commissary Agency, the Defense Contract Management Agency, the Defense 
Finance and Accounting Service, the Defense Information Systems Agency, 
the Defense Intelligence Agency, the Defense Logistics Agency, the 
Defense Security Cooperation Agency, the Defense Security Service, the 
Defense Threat Reduction Agency, the Missile Defense Agency, the 
National Geospatial-Intelligence Agency, the National Security Agency, 
the United States Special Operations Command, and the United States 
Transportation Command.
* * * * *
[FR Doc. 2012-31086 Filed 12-28-12; 8:45 am]