[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65513-65514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23284]


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DEPARTMENT OF DEFENSE

48 CFR Parts 211, 212, and 252

[Docket DARS-2022-0024]
RIN 0750-AL73


Defense Federal Acquisition Regulation Supplement: Removal of 
Passive Radio Frequency Requirements (DFARS Case 2022-D020)

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 passive radio 
frequency identification requirements.

DATES: Effective October 28, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 
703-901-3176.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to remove requirements for the use of 
passive radio frequency identification (RFID) tags for shipments that 
meet the criteria at DFARS 211.275-2. DoD no longer requires the use of 
passive RFID tags for shipments due to the use of more cost-effective 
technologies.
    Accordingly, this rule removes and reserves the contract clause at 
DFARS 252.211-7006, Passive Radio Frequency Identification, which 
requires contractors to submit advance shipment notices to associate 
the passive RFID tag with the corresponding shipment, and removes and 
reserves section 211.275, Passive radio frequency identification. DFARS 
sections 211.275-1, Definitions; 211.275-2, Policy; and 211.275-3, 
Contract clause, are also removed. DFARS clause 252.211-7006 is removed 
from the list of solicitation provisions and contract clauses for the 
acquisition of commercial items at DFARS 212.301.
    DoD issued the final rule for DFARS Case 2004-D011 (70 FR 53955) on 
September 13, 2005, to require that contractors affix passive RFID tags 
at the case and palletized unit load levels when shipping packaged 
operational rations, clothing, individual equipment, tools, personal 
demand items, or weapon system repair parts to two specific Defense 
Distribution Depots. The rule also required contractors to send an 
advance shipment notice to provide the association between the unique 
identification encoded on the passive tag(s) and the product 
information at the applicable case and palletized unit load level(s).
    DoD later updated the passive RFID requirements and the associated 
contract clause at DFARS 252.211-7006 (76 FR 58142) on September 20, 
2011, to expand the use of the tags to numerous sites and provide a new 
website that enabled contractors to find the RFID identifier for each 
specific DoD ship-to address that used RFID technology.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (a)(1) of the statute requires that a 
procurement policy, regulation, procedure, or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a

[[Page 65514]]

significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because DoD is not issuing a new regulation; rather, this rule is 
removing an unneeded contract clause from the DFARS that will reduce 
the administrative burden on contractors or offerors.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold, for Commercial Products Including Commercially Available 
Off-the-Shelf (COTS) Items, and for Commercial Services

    This rule does not impose any new requirements on contracts at or 
below the simplified acquisition threshold, for commercial products 
including commercially available off-the-shelf items, or for commercial 
services. The rule removes and reserves DFARS clause 252.211-7006, 
Passive Radio Frequency Identification, and removes the clause from the 
list of solicitation provisions and contract clauses for the 
acquisition of commercial items at DFARS 212.301.

IV. 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.

V. 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 to 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 has determined that this 
rule is not a major rule as defined by 5 U.S.C. 804.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VIII. Paperwork Reduction Act

    This rule removes the information collection requirements 
associated with the clause at DFARS 252.211.7006, Passive Radio 
Frequency Identification, currently approved under OMB Control Number 
0704-0434, entitled ``Radio Frequency Identification Advance Shipment 
Notices''. Accordingly, DoD submitted, and OMB approved, the following 
reduction of the annual reporting burden and OMB inventory of hours 
under OMB Control Number 0704-0434 as follows:
    Respondents: 5,217.
    Responses per respondent: 3,782.
    Total annual responses: 19,732,850.
    Hours per response: Approximately 1.16 seconds.
    Total response burden hours: 6,358.

List of Subjects in 48 CFR Parts 211, 212, and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211, 212, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 211, 212, and 252 continues 
to read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS


211.275  [Removed and Reserved]

0
2. Remove and reserve section 211.275.


211.275-1 through 211.275-3   [Removed]

0
3. Remove sections 211.275-1 through 211.275-3.

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [Amended]

0
4. Amend section 212.301 by--
0
a. Removing paragraph (f)(iv)(B); and
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b. Redesignating paragraphs (f)(iv)(C) and (D) as paragraphs (f)(iv)(B) 
and (C).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7006   [Removed and Reserved]

0
5. Remove and reserve section 252.211-7006.

[FR Doc. 2022-23284 Filed 10-27-22; 8:45 am]
BILLING CODE 5001-06-P