[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Proposed Rules]
[Pages 35717-35718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14592]



Defense Acquisitions Regulations System

48 CFR Parts 235, 237, and 252

RIN 0750-AI22

Defense Federal Acquisition Regulation Supplement; Animal Welfare 
(DFARS Case 2013-D038)

AGENCY: Defense Acquisition Regulations System; Department of Defense 

ACTION: Proposed rule.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to comply with the Department of Defense 
Instruction that addresses the use of animals in DoD programs.

DATES: Comment Date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before August 25, 2014, to 
be considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2013-D038 using any 
of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D038'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2013-D038.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2012-D038'' on your attached document.
    [cir] Email: [email protected]. Include DFARS Case 2013-D038 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Janetta Brewer, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060, Telephone 571-372-6104.


I. Background

    This rule proposes to revise DFARS 235.072, 237.1, and the clause 
at 252.235-7002, Animal Welfare, to be consistent with the Department 
of Defense Instruction (DoDI) 3216.01 entitled ``Use of Animals in DoD 
Programs,'' which governs DoD-supported research, development, test, 
and evaluation or training that uses vertebrate animals, and the 
acquisition of animals.

II. Discussion and Analysis

    The rule proposes to prescribe inclusion of the clause at DFARS 
252.235-7002 in solicitations and contracts involving research, 
development, test, and evaluation or training that uses live vertebrate 
animals. Contractors shall acquire and care for animals in accordance 
with the pertinent laws of the United States, the regulations of the 
Department of Agriculture, DoDI 3216.01, and agency implementing 
regulations. The rule also proposes to make contractor facilities 
available for inspection by the appropriate officials. It also adds 
DFARS 237.17X to address training that uses live vertebrate animals and 
to provide a cross-reference to DFARS 235.072.

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

[[Page 35718]]

(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 a 
significant regulatory action and, therefore, was 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 does not expect this proposed rule to 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. 
However, an initial regulatory flexibility analysis has been performed 
and is summarized as follows:
    The data obtained from the Office of Assistant Secretary of Defense 
for Research Development Animal Research Development Test & Evaluation 
Protection Programs shows an estimate of 50 new DoD Research, 
Development, Test, and Evaluation contracts awarded in Fiscal Year 2012 
that involved animal testing. Forty eight of these contracts were 
awarded to small businesses entities, which could be impacted by this 
rule. However, any cost burden caused by this rule will be outweighed 
by the effect of the rule preventing cruelty to animals.
    The rule does not add any new information collection requirements. 
The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternatives were identified that will accomplish the 
objectives of the rule.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
    DoD will consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2013-D038), in 

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 Parts 235, 237, and 252

    Government procurement.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 235, 237, and 252 are proposed to be 
amended as follows:

1. The authority citation for parts 235, 237, and 252 continues to read 
as follows:

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


2. Amend section 235.072 by revising paragraph (a) to read as follows:

235.072   Additional contract clauses.

    (a) Use the clause at 252.235-7002, Animal Welfare, or one 
substantially the same, in solicitations and contracts awarded 
involving research, development, test, and evaluation or training that 
uses live vertebrate animals.
* * * * *


3. Add section 237.17X to subpart 237.1 to read as follows:

237.17X   Training that uses live vertebrate animals.

    When contracting for training that will use live vertebrate 
animals, see 235.072.


4. Revise section 252.235-7002 to read as follows:

252.235-7002   Animal Welfare.

    As prescribed in 235.072(a), use the following clause:


    (a)(1) The Contractor shall register its research, development, 
test, and evaluation or training facility with the Secretary of 
Agriculture in accordance with 7 U.S.C. 2136 and 9 CFR subpart C, 
and section 2.30, unless otherwise exempt from this requirement by 
meeting the conditions in 7 U.S.C. 2136 and 9 CFR parts 1 through 4 
for the duration of the activity. The Contractor shall have its 
proposed animal use approved in accordance with Department of 
Defense Instruction (DoDI) 3216.01 by a DoD Component Headquarters 
Oversight Office. The Contractor shall furnish evidence of such 
registration and approval to the Contracting Officer before 
beginning work under this contract.
    (2) The Contractor shall make its animals, and all premises, 
facilities, vehicles, equipment, and records that support animal 
care available during business hours and at other times mutually 
agreeable to the Contractor and United States Department of 
Agriculture office of Animal and Plant Health Inspection Service 
(USDA/APHIS) representative, personnel representing the DoD 
component oversight offices, as well as the Contracting Officer, to 
ascertain that the Contractor is compliant with 7 U.S.C. 2131-2159 
and 9 CFR parts 1 through 4.
    (b) The Contractor shall acquire animals in accordance with 
Department of Defense Instruction (DoDI) 3216.01, Use of Animals in 
DoD Programs (http://www.dtic.mil/whs/directives/corres/pdf/321601p.pdf).
    (c) The Contractor agrees that the care and use of animals will 
conform with the pertinent laws of the United States, regulations of 
the Department of Agriculture, and policies and procedures of the 
Department of Defense (see 7 U.S.C. 2131 et seq., 9 CFR subchapter 
A, parts 1 through 4, DoDI 3216.01, Army Regulation 40-33/SECNAVINST 
3900.38C/AFMAN 40-401(I)/DARPAINST 18/USUHSINST 3203). The 
Contractor shall also comply with DoDI 1322.24 if this contract 
includes acquisition of training.
    (d) The Contracting Officer may immediately suspend, in whole or 
in part, work and further payments under this contract for failure 
to comply with the requirements of paragraphs (a) through (c) of 
this clause.
    (1) The suspension will stay in effect until the Contractor 
complies with the requirements.
    (2) Failure to complete corrective action within the time 
specified by the Contracting Officer may result in termination of 
this contract and if applicable, removal of the Contractor's name 
from the approved vendor list for live animals used in medical 
    (e) The Contractor may request registration of its facility by 
contacting USDA/APHIS/AC, 4700 River Road, Unit 84, Riverdale, MD 
20737-1234 or via the APHIS-Animal Care Web site at: http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalwelfare.
    (f) The Contractor shall include this clause, including this 
paragraph (f), in all subcontracts involving research, development, 
test, and evaluation or training that uses live vertebrate animals.

(End of clause)

[FR Doc. 2014-14592 Filed 6-23-14; 8:45 am]