[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]



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 

ACTION: Final rule.


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-


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 

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:

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.


211.272   [Removed and Reserved]

2. Remove and reserve section 211.272.


252.211-7004   [Removed and Reserved]

3. Remove and reserve section 252.211-7004.
[FR Doc. 2020-21247 Filed 9-28-20; 8:45 am]