[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Rules and Regulations]
[Page 58696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22862]



Defense Acquisition Regulations System

48 CFR Part 217

RIN 0750-AI35

Defense Federal Acquisition Regulation Supplement: Contract 
Period for Task and Delivery Order Contracts--Deletion of Congressional 
Reporting Requirement (DFARS Case 2014-D018)

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 delete an obsolete 
congressional reporting requirement.

DATES: Effective September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-


I. Background

    On December 9, 2005, the DFARS was amended to implement section 813 
of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 
108-375), which required the Secretary of Defense to submit to Congress 
a report setting forth when an ordering period of a task or delivery 
order contract awarded pursuant to section 2304(a) of title 10, United 
States Code, was extended beyond ten years. The reporting requirement 
applied to fiscal years 2005 through 2009.

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 deletes an obsolete congressional reporting requirement 
imposed on DoD. 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 217

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 217 is amended as follows:


1. The authority citation for 48 CFR part 217 continues to read as 

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

217.204  [Amended]

2. Amend section 217.204 by removing paragraph (e)(ii) and 
redesignating paragraphs (e)(iii) and (iv) as paragraphs (e)(ii) and 
(iii), respectively.

[FR Doc. 2014-22862 Filed 9-29-14; 8:45 am]