[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]



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.


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 

List of Subjects in 48 CFR Part 5108

    Government procurement.


Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5108 is 

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14966 Filed 7-12-19; 8:45 am]