[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]
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