[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42556-42557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15236]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2016-0008]
RIN 0750-AI89


Defense Federal Acquisition Regulation Supplement: Deletion of 
Supplemental Coverage for the Definition of ``Simplified Acquisition 
Threshold'' (DFARS Case 2016-D007)

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 delete the supplemental 
coverage for the definition ``simplified acquisition threshold.'' 
Federal Acquisition Regulation (FAR) final rule 2015-020 added to the 
FAR the simplified acquisition threshold for contracts to be awarded 
and performed, or purchases to be made, outside the United States in 
support of a humanitarian or peacekeeping operation.

DATES: Effective June 30, 2016.

FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations 
System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 
3060 Defense Pentagon, Washington, DC 20301-3060, telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to delete the supplemental definition for 
``simplified acquisition threshold'' with regard to humanitarian or 
peacekeeping operations at DFARS part 202. This supplemental definition 
was included in DFARS when there was no existing coverage in the FAR. 
The simplified acquisition threshold for humanitarian or peacekeeping 
operations has been added to the FAR under final rule 2015-020. There 
is no need to duplicate the definition in the DFARS; therefore, this 
rule removes the supplemental definition at DFARS part 202.

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

    41 U.S.C. 1707, Publication of Proposed Regulations, is the statute 
that applies to the publication of the Federal Acquisition Regulation 
(FAR). 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 has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure or form (including 
an amendment or modification thereof) must be published for public 
comment if it 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 the DFARS change to remove a 
definition that is being elevated to the FAR will not have any 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.

IV. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This case does not add any new provisions or clauses or impact any 
existing provisions or clauses.

V. 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.

VI. 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

[[Page 42557]]

Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 202

    Government procurement.

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

    Therefore, 48 CFR part 202 is amended as follows:

PART 202--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 202 continues to read as 
follows:

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


202.101  [Amended]

0
2. Amend section 202.101 by removing the definition of ``Simplified 
acquisition threshold''.

[FR Doc. 2016-15236 Filed 6-29-16; 8:45 am]
 BILLING CODE 5001-06-P