[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Rules and Regulations]
[Pages 27279-27280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10583]



[[Page 27279]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 223

[Docket DARS-2020-0045]
RIN 0750-AL17


Defense Federal Acquisition Regulation Supplement: Authorities 
for Minimizing the Use of Materials Containing Hexavalent Chromium 
(DFARS Case 2020-D031)

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 references to 
revoked Executive orders related to minimizing the use of materials 
containing hexavalent chromium.

DATES: Effective May 20, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 
571-372-6095.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to remove references to Executive Order 
(E.O.) 13423, Strengthening Federal Environmental, Energy, and 
Transportation Management, and E.O. 13514, Federal Leadership in 
Environmental, Energy, and Economic Performance, as the authorities for 
the policy at DFARS subpart 223.73, Minimizing the Use of Materials 
Containing Hexavalent Chromium. Both E.O. 13423 and E.O. 13514 were 
revoked by E.O. 13693, Planning for Federal Sustainability in the Next 
Decade, which was later revoked by E.O. 13834, Efficient Federal 
Operations (83 FR 23771, May 22, 2018). E.O. 13990, Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (86 FR 7037, January 25, 2021), partially revoked E.O. 13834, 
resulting in no impact to this final rule.
    The removal of these references will not impact DoD's policies and 
procedures for minimizing the use of hexavalent chromium, a known 
carcinogen, still used in some DoD weapon systems and platforms due to 
its corrosion protection properties.
    DoD published a proposed rule in the Federal Register at 85 FR 
74639 on November 23, 2020.
    One respondent submitted a comment about a grant, which is out of 
the scope of this rule. No changes were made in the final rule.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This final rule does not create any new solicitation provisions or 
contract clauses, nor does it change the applicability of any existing 
provisions or clauses included in solicitations and contracts valued at 
or below the simplified acquisition threshold, or for commercial items, 
including commercially available off-the-shelf items.

III. Executive Orders 12866 and 13563

    Executive Orders (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.

IV. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
Under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs in the Office of Management and 
Budget has determined that this rule is not a major rule as defined by 
5 U.S.C. 804(2).

V. Regulatory Flexibility Act

    DoD has prepared a Final Regulatory Flexibility Analysis (FRFA) 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:
    This rule amends the DFARS to remove references to Executive Order 
(E.O.) 13423, Strengthening Federal Environmental, Energy, and 
Transportation Management; and E.O. 13514, Federal Leadership in 
Environmental, Energy, and Economic Performance, which were revoked by 
E.O. 13693, Planning for Federal Sustainability in the Next Decade. 
E.O. 13693 was later revoked by E.O. 13834, Efficient Federal 
Operations (83 FR 23771, May 22, 2018). E.O. 13990, Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (86 FR 7037, January 25, 2021), partially revoked E.O. 13834 
resulting in no impact to this final rule. The objective of the case is 
to remove two revoked E.O.s while maintaining current DoD policies and 
procedures for minimizing the use of materials containing hexavalent 
chromium.
    There were no significant issues raised by the public in response 
to the initial regulatory flexibility analysis.
    This rule is not expected to affect significant numbers of small 
business concerns because the requirements and contract clause remain 
unchanged. This rule will maintain the status quo. Data generated from 
the Electronic Data Access System for fiscal years 2017 through 2019, 
indicates that DoD has awarded an average of 70,470 contracts 
containing DFARS clause 252.223-7008, Prohibition of Hexavalent 
Chromium, to approximately 10,868 unique small entities during the 
three year period. It is assumed that there will be some impact to 
unique small entities that are new to DoD contracting, however, the 
impact will most likely be negligible because national and 
international restrictions have been in place for several years.
    The rule does not impose any new reporting, recordkeeping, or 
compliance requirements.
    There are no practical alternatives that will accomplish the 
objective of this rule.

VI. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 223

    Government procurement.

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

    Therefore, 48 CFR 223 is amended as follows:

[[Page 27280]]

PART 223--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

0
1. The authority citation for 48 CFR part 223 continues to read as 
follows:

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


0
2. Revise section 223.7301 to read as follows:


223.7301   Policy.

    In accordance with the DoD policy memorandum of April 8, 2009, 
Minimizing the Use of Hexavalent Chromium, it is DoD policy to minimize 
hexavalent chromium (an anti-corrosive) in items acquired by DoD 
(deliverables and construction material), due to the serious human 
health and environmental risks related to its use.


223.7302   [Removed and Reserved]

0
3. Remove and reserve section 223.7302.

[FR Doc. 2021-10583 Filed 5-19-21; 8:45 am]
BILLING CODE 5001-06-P