[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33707-33708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14972]



Department of the Army

48 CFR Part 5119

[Docket No. USA-2019-DARS-0011]
RIN 0702-AB05

Repeal of Obsolete Acquisition Regulation: Small Business and 
Small Disadvantaged Business Concerns

AGENCY: Department of the Army, DOD.

ACTION: Final rule.


SUMMARY: This final rule removes an obsolete Army acquisition 
regulation which was codified to implement a section of public law that 
is no longer in effect. This rule has been made obsolete by time and 
the existence of 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 
5119, ``Small Business and Small Disadvantaged Business Concerns,'' 
which was codified on April 18, 1989 (54 FR 15410), and never updated. 
The purpose of the rule was to implement Public Law 100-656, section 
722, ``Expanding small business participation in dredging,'' which 
directed the Secretary of the Army to conduct a program to expand the 
participation of small business concerns in contracting opportunities 
for dredging. The authority was effective through 30 September 1992.
    Current Federal Acquisition Regulation (FAR), Defense Federal 
Acquisition Regulation Supplement (DFARS) provides for maximum 
practicable opportunity to small businesses at both the prime contract 
and subcontract levels. For example, FAR 19.502-1, which provides 
requirements for setting aside acquisitions for small businesses, was 
codified on December 18, 1998 (63 FR 70270) and most recently updated 
on July 2, 2015 (80 FR 38298). The clause at FAR 52.219-6, ``Notice of 
Total Small Business Set-Aside,'' (codified September 19, 1983 (48 FR 
42478) and most recently updated November 2, 2011 (76 FR 68036)) and 
other FAR clauses for set-asides under specific small business 
categories (e.g., women-owned small businesses), along with the clause 
at FAR 52.219-9, ``Small Business Subcontracting Plan,'' (codified 
September 19, 1983 (48 FR 42478) and most recently updated August 22, 
2018 (83 FR 42571) are used to ensure maximum small business 
participation at the prime and subcontractor levels. The expiration of 
the statutory authority and the existence of higher-level regulations 
concerning small business participation made the rule at part 5119 
    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 5119 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 5119

    Government procurement.

[[Page 33708]]


Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5119 is 

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14972 Filed 7-12-19; 8:45 am]