[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33706-33707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14966]
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DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5108
[Docket No. USA-2019-DARS-0010]
RIN 0702-AB04
Repeal of Obsolete Acquisition Regulation: Required Sources of
Supplies and Services
AGENCY: Department of the Army, DOD.
ACTION: Final rule.
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SUMMARY: This final rule removes an obsolete Army acquisition
regulation which was codified to provide Army-specific procedures for
industrial preparedness production planning. This rule has been made
obsolete by time and change in process.
DATES: This rule is effective on July 15, 2019.
FOR FURTHER INFORMATION CONTACT: Mr. John Courtis, 703-697-0888, Email:
[email protected].
SUPPLEMENTARY INFORMATION: This final rule will remove 48 CFR part
5108, ``Required Sources of Supplies and Services,'' which was codified
on September 20, 1989 (54 FR 38682), and never updated. The purpose of
the rule was to provide Army-specific procedures, for a three-year test
period, for industrial preparedness production planning. Over the
years, the procedures for industrial preparedness planning in the DoD
have evolved. For example, coverage of the DoD Industrial Preparedness
Production Planning Program at Defense Federal Acquisition Regulation
Supplement (DFARS) subpart 208.72 (Industrial Preparedness Production
Planning) was removed on July 11, 2006 (71 FR 39004) because there was
no longer a DoD-wide Program. DFARS section 217.208-70, ``Additional
clauses,'' (codified March 9, 1998 (63 FR 11529) and most recently
updated December 4, 2018 (83 FR 62503)), prescribes the use of the
clause at DFARS 252.217-7001 (Surge Option) when a surge option is
needed in support of industrial capability production planning. The
clause at DFARS 252.217-7001 (Surge Option) (codified July 31, 1991 (56
FR 36479) and most recently updated December 4, 2018 (83 FR 62503))
informs contractors that the Government has the option to increase the
quantity, or accelerate the delivery, of supplies or services under the
contract and provides the terms for the exercise of the option and
subsequent delivery of the surge quantities. These updates to
regulation and process changes made the rule at part 5108 obsolete.
[[Page 33707]]
The removal of this text supports a recommendation from the DoD
Regulatory Reform Task Force. On February 24, 2017, the President
signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform
Agenda,'' which established a Federal policy ``to alleviate unnecessary
regulatory burdens'' on the American people. In accordance with E.O.
13777, DoD established a Regulatory Reform Task Force to review and
validate DoD regulations. The DoD Task Force reviewed the requirements
of 48 CFR part 5108 and determined that the coverage was obsolete and
recommended removal.
It has been determined that publication of this CFR part removal
for public comment is impracticable, unnecessary, and contrary to
public interest since it is based on removing obsolete information.
Additionally, 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 the Army is not issuing a new
regulation; rather, this rule merely removes obsolete parts from
chapter 51 of title 48 of the CFR.
This rule is not significant under Executive Order (E.O.) 12866,
``Regulatory Planning and Review''; therefore, the requirements of E.O.
13771, ``Reducing Regulation and Controlling Regulatory Costs'' do not
apply.
List of Subjects in 48 CFR Part 5108
Government procurement.
PART 5108--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5108 is
removed.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14966 Filed 7-12-19; 8:45 am]
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