[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58336-58337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23804]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 239 and 252
[Docket DARS-2019-0061]
RIN 0750-AK52
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Protection Against Compromising Emanations'' (DFARS
Case 2019-D015)
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 update a reference in an
existing clause.
DATES: Effective October 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the clause at DFARS 252.239-7000, Protection
Against Compromising Emanations, to update a reference within the
clause to the current TEMPEST standard. This clause is included in
solicitations and contracts involving information technology that
requires protection against compromising emanations. The clause
requires contractors to provide or use only information technology, as
specified by the Government, that has been accredited to meet the
appropriate information assurance requirements of the National Security
Agency National TEMPEST standards or other standards specified by the
contract. The clause further identifies NACSEM No. 5100 and NACSEM No.
5100A as examples of TEMPEST Standards. NSTISSAM TEMPEST 1-92,
Compromising Emanations Laboratory Test Requirements, Electromagnetics
(U) is the most current TEMPEST standard and supersedes the NACSEM
standards identified in the clause. This rule updates the example
provided in the clause to the current standard.
II. Discussion and Analysis
The modification of this DFARS text implements 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, including the DFARS. A
public notice of the establishment of the DFARS Subgroup to the DoD
Regulatory Reform Task Force, for the purpose of reviewing DFARS
provisions and clauses, was published in the Federal Register at 82 FR
35741 on August 1, 2017, and requested public input. No public comments
were received on this clause. The DoD Task Force reviewed the
requirements of DFARS clause 252.239-7000, determined that the clause
should be updated, and recommended its modification in the DFARS.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only updates a reference in an existing clause. The rule
does not impose any new requirements on
[[Page 58337]]
contracts at or below the simplified acquisition threshold or for
commercial items, including commercially available off-the-shelf items.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is Office of Federal Procurement Policy
statute (codified at title 41 of the United States Code). Specifically,
41 U.S.C. 1707(a)(1) 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 DoD is not
issuing a new regulation; rather, this rule is merely updating a
reference in an existing clause.
V. Executive Orders 12866 and 13563
E.O. 12866 and E.O. 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, 1993. This rule is not a major rule under 5 U.S.C. 804.
VI. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VII. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section IV. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VIII. Paperwork Reduction Act
This rule modifies a clause included in a currently approved
collection under Office of Management and Budget (OMB) Control Number
0704-0341, DFARS Part 239, Acquisition of Information Technology, and
associated clauses at DFARS 252.239-7000. However, this rule does not
affect the requirements of the currently approved collection or add any
new collection requirements that necessitate OMB approval under the
Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 239 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 239 and 252 are amended as follows:
0
1. The authority citation for parts 239 and 252 continue to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
2. Amend section 239.7102-2 by revising paragraph (a) to read as
follows:
239.7102-2 Compromising emanations--TEMPEST or other standard.
* * * * *
(a) The required protections, i.e., an established National TEMPEST
standard (e.g., NSTISSAM TEMPEST 1-92) or a standard used by other
authority;
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.239-7000 by--
0
a. Removing the clause date ``(JUN 2004)'' and adding ``(OCT 2019)'' in
its place; and
0
b. Revising paragraph (a)(1) to read as follows:
252.239-7000 Protection Against Compromising Emanations.
* * * * *
(a) * * *
(1) The National Security Agency National TEMPEST Standards
(NSTISSAM TEMPEST 1-92, Compromising Emanations Laboratory Test
Requirements, Electromagnetics (U)); or
* * * * *
[FR Doc. 2019-23804 Filed 10-30-19; 8:45 am]
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