[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 17048-17049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06724]



Defense Acquisition Regulations System

48 CFR Parts 211 and 225

[Docket DARS-2016-0003]
RIN 0750-AI85

Defense Federal Acquisition Regulation Supplement: Prohibition on 
Requiring the Use of Fire-resistant Rayon Fiber (DFARS Case 2016-D012)

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 obsolete text 
requiring the use of fire-resistant rayon fiber.

DATES: Effective March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, at 571-372-


I. Background

    DFARS 225.7016 prohibits requiring the use of fire-resistant rayon 
fiber in any solicitation issued before January 1, 2015. This 
prohibition was implemented in accordance with section 821 of the 
National Defense Authorization Act for Fiscal Year 2011. Since the 
effective period imposed by the statute has passed, the DFARS text is 
now obsolete. Therefore, this final rule removes DFARS 225.7016 and the 
cross reference at 211.170.

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

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of proposed regulations.'' 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 removes obsolete text from the DFARS and affects only 
the internal operating procedures of the Government. As such, the 
change has no significant cost or administrative impact on contractors 
or offerors.

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).

[[Page 17049]]

List of Subjects in 48 CFR Parts 211 and 225

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211 and 225 are amended as follows:

1. The authority citation for 48 CFR parts 211 and 225 continues to 
read as follows:

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


211.170  [Removed]

2. Remove section 211.170.


225.7016  [Removed]

3. Remove section 225.7016.
[FR Doc. 2016-06724 Filed 3-24-16; 8:45 am]