[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46903-46904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15152]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202 and 234

[Docket DARS-2023-0025]
RIN 0750-AL89


Defense Federal Acquisition Regulation Supplement: Repeal of 
Major Automated Information Systems Provisions (DFARS Case 2017-D028)

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 implement a section of the 
National Defense Authorization Act for Fiscal Year 2017 that repealed 
major automated information systems provisions.

DATES: Effective July 20, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 703-508-7524.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 846 of the National Defense Authorization Act for Fiscal 
Year 2017 (Pub. L. 114-328) repealed 10 U.S.C. chapter 144A and amended 
10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by striking ``or a 
major automated information system under chapter 144A''. This final 
rule amends the definition of ``milestone decision authority'' in 
section 202.101, Definitions, by removing the term major automated 
information system and removes major automated information system 
programs from section 234.7100, Policy, and the clause prescription at 
234.7101, Solicitation Provision and Contract Clause.

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

[[Page 46904]]

if it relates to the expenditure of appropriated funds, and has either 
a 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 this rule merely removes references to major automated 
information system programs from DFARS policy and procedures for DoD 
contracting officers; therefore, there is no impact on contractors or 
offerors. These requirements affect only the internal operating 
procedures of the Government.

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

    This rule does not create any new solicitation provisions or 
contract clauses. It does not impact any existing solicitation 
provisions or contract clauses.

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 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.

VI. 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.

VII. Paperwork Reduction Act

    This 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 Parts 202 and 234

    Government procurement.

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

    Therefore, 48 CFR parts 202 and 234 are amended as follows:

0
1. The authority citation for parts 202 and 234 continues to read as 
follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101  [Amended]

0
 2. Amend section 202.101 in the definition of ``Milestone decision 
authority'' by removing ``, major automated information system,''.

PART 234--MAJOR SYSTEM ACQUISITION


234.7100  [Amended]

0
3. Amend section 234.7100 in paragraph (a) by removing ``, and major 
automated information system programs (as defined in 10 U.S.C. 
2445a)''.


234.7101  [Amended]

0
4. Amend section 234.7101 in paragraph (b) introductory text and 
paragraphs (b)(1) and (2) by removing ``or major automated information 
system programs''.

[FR Doc. 2023-15152 Filed 7-19-23; 8:45 am]
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