[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60917-60918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21247]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
[Docket DARS-2019-0056]
RIN 0750-AK59
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Provision ``Alternate Preservation, Packaging, and Packing''
(DFARS Case 2019-D022)
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 remove a provision that is
no longer necessary pursuant to action taken by the DoD Regulatory
Reform Task Force.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 85 FR
19721 on April 8, 2020, to remove the provision at DFARS 252.211-7004,
Alternate Preservation, Packaging, and Packing, and the associated
prescription from the DFARS, because the provision is no longer
necessary. No public comments were received in response to the proposed
rule. No changes were made to the rule, as proposed.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only removes the obsolete solicitation provision at DFARS
252.211-7004, Alternate Preservation, Packaging, and Packing. This rule
does not impose any new requirements on contracts at or below the
simplified acquisition threshold, or commercial items, including
commercially available off-the-shelf items.
III. Executive Orders 12866 and 13563
E.O.s 12866 and 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.
IV. 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.
V. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small businesses within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is
not creating any new
[[Page 60918]]
requirements for contractors or changing any existing policies or
practices. However, a final regulatory flexibility analysis has been
prepared and is summarized as follows:
The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to repeal DFARS provision
252.211-7004, Alternate Preservation, Packaging, and Packing, as the
provision is no longer necessary. The objective of this rule is to
reduce regulatory burden on the public. This repeal is pursuant to
action taken by the Regulatory Reform Task Force established under
Executive Order (E.O.) 13777, Enforcing the Regulatory Reform Agenda.
No public comments were received in response to the initial
regulatory flexibility analysis.
DoD does not collect data on the number of small businesses that
respond to a solicitation that includes DFARS clause 252.211-7004 or
the number of small businesses responding to such a solicitation with
alternative preservation, packaging, or packing methods. Instead, DoD
subject matter experts advise that approximately 375 solicitations are
issued each year that contain military preservation, packaging, or
packing requirements where commercial or industrial methods may also be
acceptable. DoD estimates that it receives 1.5 responses to each
solicitation, for a total of 563 offers received in response to these
solicitation. This total estimated number of responses does not
delineate between the business size of the offerors or those offerors
that did and did not propose alternative methods for preservation,
packaging, or packing in lieu of military specifications. Based on the
information available, DoD does not anticipate that this rule will
significantly impact small business entities.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses.
There are no known alternative to the rule that will meet the
stated objectives or minimize the impact on of the rule on small
entities.
VI. Paperwork Reduction Act
This rule removes the burden associated with DFARS 252.211-7004
from the information collection requirement currently approved under
0704-0398, entitled DFARS Part 211, Describing Agency Needs, and
Related Clause at DFARS 252.211. This reduction is reflected in the
revision to and extension of the information collection, as published
in the Federal Register on February 27, 2020, at 85 FR 11351, and May
28, 2020, at 85 FR 32019.
List of Subjects in 48 CFR Parts 211 and 252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore 48 CFR parts 211 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.272 [Removed and Reserved]
0
2. Remove and reserve section 211.272.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7004 [Removed and Reserved]
0
3. Remove and reserve section 252.211-7004.
[FR Doc. 2020-21247 Filed 9-28-20; 8:45 am]
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