[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22041-22042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08859]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI18


Defense Federal Acquisition Regulation Supplement: Photovoltaic 
Devices (DFARS Case 2014-D006)

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

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to clarify rules of origin under trade agreements for photovoltaic 
devices to be utilized under covered DoD contracts, as required by a 
section of the National Defense Authorization Act for Fiscal Year 2011.

DATES: Effective April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published an interim rule in the Federal Register at 78 FR 
76993 on December 20, 2013, to clarify rules of origin under trade 
agreements for photovoltaic devices to be utilized under covered DoD 
contracts, as required by a section of the National Defense 
Authorization Act for Fiscal Year 2011. One respondent submitted a 
public comment in response to the interim rule.

II. Discussion and Analysis

    DoD reviewed the public comment in the development of the final 
rule. The interim rule was converted to a final rule without change. 
The one comment received related to performance of a net zero green 
house gas analysis, and was outside the scope of the rule.

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

    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 this rule will only have an impact on the determination of 
whether photovoltaic devices are substantially transformed in a 
designated country. No domestic entities will be impacted because the 
United States is not a designated country. 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.

V. Paperwork Reduction Act

    The rule contains 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); however, these changes to the 
DFARS do not impose additional information

[[Page 22042]]

collection requirements to the paperwork burden previously approved 
under OMB Control Number 0704-0229, entitled Defense Federal 
Acquisition Regulation Supplement (DFARS); Part 225, Foreign 
Acquisition.

List of Subjects in 48 CFR Part 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR part 252, which was 
published at 78 FR 76993 on December 20, 2013, is adopted as a final 
rule without change.

[FR Doc. 2014-08859 Filed 4-18-14; 8:45 am]
BILLING CODE 5001-06-P