[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73500-73502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28812]


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DEPARTMENT OF DEFENSE

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 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending 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: Effective December 11, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 79 FR 
35717 on June 24, 2014, to revise DFARS 235.072, subpart 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. One respondent submitted two 
comments on the proposed rule.

II. Discussion and Analysis

    DoD reviewed the public comments in the development of the final 
rule, and one change was made. A discussion of the comments is provided 
below.
    Comment: The respondent recommended that DFARS section 237.17X be 
revised to prescribe use of the clause at 252.235-7002.
    Response: The clause at 252.235-7002, Animal Welfare, is prescribed

[[Page 73501]]

within section 235.072. FAR drafting conventions prohibit a clause from 
being prescribed in more than one section. Section 237.17X, however, is 
amended to provide a cross reference to the clause and its 
prescription. Section 237.17X is 237.175 in the final rule.
    Comment: The respondent recommended that the clause at DFARS 
252.235-7002, Animal Welfare, be revised to read that it has been 
prescribed in sections 235.072(a) and 237.17X.
    Response: No changes were made in response to this comment. As 
discussed in the response to the prior comment, FAR drafting 
conventions prohibit a clause from being prescribed in more than one 
section.

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 has prepared a Final Regulatory Flexibility Analysis (FRFA) 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:
    DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to comply with the Department 
of Defense Instruction (DoDI) that addresses the use of animals in DoD 
programs. DoDI 3216.01, Use of Animals in DoD Programs, governs DoD 
supported research, development, test, and evaluation or training that 
uses vertebrate animals, and the acquisition of animals.
    The data obtained from the Office of Assistant Secretary of Defense 
for Research Development Animal Research Development Test & Evaluation 
Protection Programs reflect 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 business 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.
    No public comments were received in response to the initial 
regulatory flexibility analysis published in the proposed rule.
    The rule does not contain any reporting or recordkeeping 
requirements and does not require contractors to expend significant 
cost or effort. There are no known significant alternatives to the rule 
that would further minimize any economic impact of the rule on small 
entities.

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.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

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

0
1. The authority citation for 48 CFR parts 235, 237, and 252 continues 
to read as follows:

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

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

0
2. In section 235.072, revise paragraph (a) to read as follows:


235.072  Additional contract clauses.

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

PART 237--SERVICE CONTRACTING

0
3. Add section 237.175 to read as follows:


237.175   Training that uses live vertebrate animals.

    Use the clause at 252.235-7002, Animal Welfare, as prescribed in 
235.072(a), when contracting for training that will use live vertebrate 
animals.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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:

Animal Welfare (Dec 2014)

    (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, Use of Animals in DoD Programs, 
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 the 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 DoDI 
3216.01, current at time of award (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., and 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, Medical 
Readiness Training, 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 
training.
    (e) The Contractor may request registration of its facility by 
contacting USDA/APHIS/AC,

[[Page 73502]]

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 the substance of this clause, 
including this paragraph (f), in all subcontracts involving 
research, development, test, and evaluation or training that use 
live vertebrate animals.

(End of clause)

[FR Doc. 2014-28812 Filed 12-10-14; 8:45 am]
BILLING CODE 5001-06-P