[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Proposed Rules]
[Pages 53380-53381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13819]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 40

[FAR Case 2023-008; Docket No. FAR-2023-0008; Sequence No. 1]
RIN 9000-AO56


Federal Acquisition Regulation: Prohibition on Certain 
Semiconductor Products and Services

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Advanced notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: DoD, GSA, and NASA issued an advance notice of proposed 
rulemaking (ANPR) on May 3, 2024, with considerations for amending the 
Federal Acquisition Regulation (FAR) to implement paragraphs (a), (b), 
and (h) in section 5949 of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 that prohibits executive 
agencies from procuring or obtaining certain products and services that 
include covered semiconductor products or services effective December 
23, 2027. The deadline for submitting comments is being extended from 
July 2, 2024, to August 2, 2024, to provide additional time for 
interested parties to provide comments on the ANPR. Additionally, DoD, 
GSA, and NASA are providing instructions on how to submit business 
confidential information within a public comment, for this ANPR only.

DATES: For the advanced notice of proposed rulemaking published on May 
3, 2024 (89 FR 36738), submit comments by August 2, 2024.

ADDRESSES: Submit comments in response to FAR Case 2023-008 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``FAR Case 2023-008''. Select the link ``Comment Now'' that 
corresponds with ``FAR Case 2023-008''. Follow the instructions 
provided on the ``Comment Now'' screen. Please include your name, 
company name (if any), and ``FAR Case 2023-008'' on your attached 
document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    Instructions: Please submit comments only and cite ``FAR Case 2023-
008'' in all correspondence related to this case. Public comments may 
be submitted as an individual, as an organization, or anonymously (see 
frequently asked questions at https://www.regulations.gov/faq). 
Comments submitted in response to this ANPR will be made publicly 
available and are subject to disclosure under the Freedom of 
Information Act. For this reason, please do not include in your 
comments information of a confidential nature, such as sensitive 
personal information or proprietary information, or any information 
that you would not want publicly disclosed unless you follow the 
instructions below for confidential comments. Summary information of 
the public comments received, including any specific comments, will be 
posted on regulations.gov.
    All filers using the portal should use the name of the person or 
entity submitting comments as the name of their files, in accordance 
with the instructions below. Anyone submitting business confidential/
proprietary information should clearly identify any business 
confidential/proprietary portion at the time of submission, file a 
statement justifying nondisclosure and referencing the specific legal 
authority claimed, and provide a non-confidential/non-proprietary 
version of the submission. Any business confidential information should 
be in an uploaded file that has a file name beginning with the 
characters ``BC.'' Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL/
PROPRIETARY'' on the top of that page.

[[Page 53381]]

The corresponding non-confidential/non-proprietary version of those 
comments must be clearly marked ``PUBLIC.'' The file name of the non-
confidential version should begin with the character ``P.'' The ``BC'' 
and ``P'' should be followed by the name of the person or entity 
submitting the comments or rebuttal comments. All filers should name 
their files using the name of the person or entity submitting the 
comments. Any submissions with file names that do not begin with a 
``BC'' will be assumed to be public and will be made publicly available 
through https://www.regulations.gov.
    To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting.

FOR FURTHER INFORMATION CONTACT: For clarification of content, email 
[email protected] or call 202-969-4075. Please cite FAR Case 2023-008. 
For information pertaining to status, publication schedules, or 
alternate instructions for submitting comments if https://www.regulations.gov cannot be used, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected]. Please cite FAR Case 
2023-008.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published an advance notice of proposed 
rulemaking in the Federal Register at 89 FR 36738 on May 3, 2024. The 
comment period is extended to August 2, 2024, to allow additional time 
for interested parties to develop comments on the rule. Additionally, 
DoD, GSA, and NASA are providing instructions for how the public may 
submit business confidential information within a public comment, for 
this ANPR only.

List of Subjects in 48 CFR Part 40

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2024-13819 Filed 6-25-24; 8:45 am]
BILLING CODE 6820-EP-P