[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Page 33708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14970]



Department of the Army

48 CFR Part 5145

[Docket No. USA-2019-DARS-0012]
RIN 0702-AB06

Repeal of Obsolete Acquisition Regulation: Government Property

AGENCY: Department of the Army, DOD.

ACTION: Final rule.


SUMMARY: This final rule removes an obsolete Army acquisition 
regulation for government-furnished property. This rule has been made 
obsolete by updated higher-level regulation.

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 
5145, ``Government Property,'' which was codified on September 27, 1989 
(54 FR 39538), and never updated. The purpose of the rule was to 
describe the conditions under which the government may provide property 
(facilities or material) to contractors for use under contracts. The 
rule was intended to be in place for a two-year test period. On May 15, 
2007 Federal Acquisition Regulation (FAR) part 45 was amended to 
simplify procedures related to the management and disposition of 
government property in the possession of contractors (72 FR 27364). 
This update was made with the intention of reducing existing clauses 
and procedures related to government property. The update included the 
clause at FAR 52.245-1, ``Government Property,'' (codified May 15, 2007 
(72 FR 27390) and most recently updated January 13, 2017 (82 FR 4715)) 
which contains requirements for the use, management, and disposal of 
government property. Several other FAR and Defense FAR Supplement 
(DFARS) clauses provide comprehensive coverage of various aspects of 
government property management. These regulations have made the rule at 
part 5145 obsolete.
    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 5145 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 5145

    Government procurement.


Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5145 is 

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14970 Filed 7-12-19; 8:45 am]