[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3836-3837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00613]



Defense Acquisition Regulations System

48 CFR Parts 239 and 252

[Docket DARS-2019-0031]
RIN 0750-AK07

Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Tariff Information'' (DFARS Case 2018-D044)

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 clause that is no 
longer necessary.

DATES: Effective January 15, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-


I. Background

    DoD published a proposed rule in the Federal Register at 85 FR 
34576 on June 5, 2020, to remove the DFARS clause 252.239-7006, Tariff 
Information, from the DFARS as the clause 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 contract clause at DFARS 
252.239-7006, Tariff Information. This rule does not impose any new 
requirements on contracts at or below the simplified acquisition 
threshold or for commercial items, including commercially available 
off-the-shelf items.

III. Expected Cost Savings

    This rule impacts only telecommunication service providers who do 
business, or want to do business, with DoD. DFARS clause 252.239-7006, 
Tariff Information, requires telecommunications service contractors to 
submit certain tariff and

[[Page 3837]]

non-tariff information to DoD when requested by the contracting officer 
or as specified in the clause. Removal of this DFARS clause is expected 
to result in savings for both DoD and DoD contractors that provide 
telecommunications services.
    The following is a summary of the estimated public and Government 
cost savings calculated in perpetuity in 2016 dollars at a 7-percent 
discount rate:

                             Summary                                  Public        Government         Total
Present Value...................................................     -$1,624,014       -$406,000     -$2,030,014
Annualized Costs................................................        -113,681         -28,420        -142,101

    To access the full Regulatory Cost Analysis for this rule, go to 
the Federal eRulemaking Portal at www.regulations.gov, search for 
``DFARS Case 2018-D044,'' click ``Open Docket,'' and view ``Supporting 

IV. 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.

V. Executive Order 13771

    This final rule is an E.O. 13771 deregulatory action. DoD estimates 
that this rule generates $2.03 million in annualized cost savings, 
discounted at 7 percent relative to year 2016, over a perpetual time 
horizon. Details on the estimated cost savings can be found in section 
III of this preamble.

VI. Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:
    DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement a recommendation from the DoD 
Regulatory Reform Task Force established pursuant to Executive Order 
13777, Enforcing the Regulatory Agenda, to repeal DFARS clause 252.239-
7006, Tariff Information, and the associated clause prescription at 
DFARS 239.7411(a). The objective of this rule is to remove the 
requirement for contractors to report tariff information under the 
DFARS clause. The legal basis for this change is 41 U.S.C. 1303.
    No public comments were received in response to the initial 
regulatory flexibility analysis.
    According to the Electronic Document Access system, DoD awards 
approximately 855 contracts to 83 unique contractors each year that 
include DFARS clause 252.239-7006. It is estimated that 171 of those 
contracts are awarded to small entities. 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 entities. Rather, this rule 
reduces the information collection requirements approved under OMB 
Control Number 0704-0341. Small entities will no longer be required to 
provide the tariff information to the contracting officer in accordance 
with 252.239-7006. Removal of this clause and its reporting requirement 
serves to reduce the burden on small entities.

VII. Paperwork Reduction Act

    This rule removes the burden associated with DFARS clause 252.239-
7006, Tariff Information, from the information collection requirement 
currently approved under OMB Control Number 0704-0341, entitled 
``Defense Federal Acquisition Regulation Supplement (DFARS) Part 239, 
Acquisition of Information Technology, and associated clause at 
252.239-7000.'' Accordingly, DoD submitted, and OMB approved, the 
following reduction of the annual reporting burden and OMB inventory of 
hours under OMB Control Number 0704-0341 as follows:
    Respondents: 83.
    Responses per respondent: Approximately 10.3.
    Total annual responses: 855.
    Hours per response: 2 hours.
    Total response Burden Hours: 1,710.

List of Subjects in 48 CFR Parts 239 and 252

    Government procurement.

Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 239 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 239 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.


239.7411   [Amended]

2. Amend section 239.7411 by removing paragraph (a)(3) and 
redesignating paragraph (a)(4) as paragraph (a)(3).


252.239-7006  [Removed and Reserved]

3. Remove and reserve section 252.239-7006.

[FR Doc. 2021-00613 Filed 1-14-21; 8:45 am]