14588 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 828 of 

the National Defense Authorization Act 

for Fiscal Year 2008. 

DATES: Effective Date: March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 34942 on June 21, 2010, to amend 

DFARS parts 217 and 241 to authorize 

the Department of Defense to enter into 

a contract for a period not to exceed 10 

years for the purchase of electricity from 

sources of renewable energy, as that 

term is defined in section 203(b)(2) of 

the Energy Policy Act of 2005 (42 U.S.C. 

15852(b)(2)). Section 828 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2008 (Pub. L. 110–181) 

authorizes DoD to enter into a contract 

for a period in excess of five years only 

if the head of the contracting activity 

determined, on the basis of a business 

case analysis prepared by DoD, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

II. Executive Order 12866 

This rule is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

Executive Order 12866, Regulatory 

Planning and Review, dated September 

30, 1993. This rule is not a major rule 

under 5 U.S.C. 804. 

III. Executive Order 13563 

In accordance with Executive Order 

13563, Improving Regulation and 

Regulatory Review, dated January 18, 

2011, DoD has determined that this rule 

is not excessively burdensome to the 

public, and is consistent with DoD’s 

intent to purchase electricity from 

sources of renewable energy in the most 

cost-effective manner. 

IV. Regulatory Flexibility Act 

This final rule is not expected to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because there are a very limited number 

of small businesses engaged in the sale 

of energy-related services, to include the 

sale of renewable energy. The market for 

renewable fuels is highly volatile and is 

less predictable than other fuel markets. 

Renewable-energy and alternative-fuel 

projects are capital-intensive 

investments and involve the 

construction of production facilities, 

which limits small-entity participation. 

Although no significant economic 

impact on small business is anticipated, 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. A copy of the analysis is 

summarized below and may be obtained 

from the point of contact specified 

herein. The analysis is summarized as 

follows: 

The objective of this rule is to 

implement section 828 of the NDAA for 

FY 2008. Section 828 authorized the 

Department of Defense (DoD) to enter 

into a contract for a period not to exceed 

10 years for the purchase of electricity 

from sources of renewable energy, as 

that term is defined in section 

203(b)(2)of the Energy Policy Act of 

2005 (42 U.S.C. 15852(b)(2)). This final 

rule establishes the conditions under 

which the head of the contracting 

activity may enter into a contract for the 

purchase of renewable energy not to 

exceed 10 years. Section 828 allows 

DoD to award a contract for a period in 

excess of five years: (1) Only after a 

determination of the cost effectiveness 

of the proposed purchase has been made 

based upon a business case analysis, 

and (2) if it would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

This final rule will apply to DoD 

contractors engaged in the sale of 

energy-related services to include the 

sale of renewable energy. 

This rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD considers the approach described 

in the interim rule published at 75 FR 

34942 on June 21, 2010, to be the most 

practical and beneficial for both 

Government and industry. 

DoD invited comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. No comments 

were received. 

V. Paperwork Reduction Act 

This rule does not impose additional 

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 217 and 

241 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 217 and 241, 

which was published at 75 FR 34942 on 

June 21, 2010, is adopted as a final rule 

without change. 

[FR Doc. 2011–6233 Filed 3–16–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AH17 

Defense Federal Acquisition 

Regulation Supplement; 

Nonavailability Exception for 

Procurement of Hand or Measuring 

Tools (DFARS Case 2011–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

to implement section 847 of the 

National Defense Authorization Act for 

Fiscal Year 2011. Section 847 provides 

a nonavailability exception to the 

requirement at 10 U.S.C. 2533a (Berry 

Amendment) to acquire only domestic 

hand or measuring tools. 

DATES: Effective date: March 17, 2011. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 16, 2011, to be considered 

in the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D025, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2011–D025’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D025.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D025’’ on your 

attached document. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 14589 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D025 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Amy G. 

Williams, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: 

Ms. Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule amends DFARS 

225.7002–2 to implement section 847 of 

the National Defense Authorization Act 

for Fiscal Year 2011 (Pub. L. 111–383). 

Section 847 provides a nonavailability 

exception to the requirement at 10 

U.S.C. 2533a (Berry Amendment) to 

acquire only domestic hand or 

measuring tools. The nonavailability 

exception was previously limited to the 

items covered in 10 U.S.C. 2533(b)(1). 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 804. 

III. Executive Order 13563 

In accordance with Executive Order 

13563, Improving Regulation and 

Regulatory Review, dated January 18, 

2011, DoD has determined that this rule 

is not excessively burdensome to the 

public and is consistent with DoD’s 

requirement to acquire domestic hand 

or measuring tools unless an authorized 

exception applies. 

IV. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because the 

rule allows purchase of hand or 

measuring tools from foreign sources 

only when such tools are not available 

from domestic sources. If no domestic 

sources produce the tools, then allowing 

purchase from a foreign source will not 

impact any U.S. small business. 

Therefore, an initial regulatory 

flexibility analysis has not been 

performed. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2011–D025) in 

correspondence. 

V. Paperwork Reduction Act 

The rule does not impose 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. 

VI. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of 

Defense, that urgent and compelling 

reasons exist to publish an interim rule 

prior to affording the public an 

opportunity to comment. This interim 

rule implements section 847 of the 

National Defense Authorization Act for 

Fiscal Year 2011. This requirement 

became effective upon enactment, 

January 7, 2011. This action is necessary 

in order to enable contracting officers to 

acquire hand or measuring tools that are 

not available from domestic sources. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

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

chapter 1. 

■ 2. In section 225.7002–2, the 

introductory text of paragraph (b) is 

revised to read as follows: 

225.7002–2 Exceptions. 

* * * * * 

(b) Acquisitions of any of the items in 

225.7002–1, if the Secretary concerned 

determines that items grown, 

reprocessed, reused, or produced in the 

United States cannot be acquired as and 

when needed in a satisfactory quality 

and sufficient quantity at U.S. market 

prices. (See the requirement in 205.301 

for synopsis within 7 days after contract 

award when using this exception.) 

* * * * * 

[FR Doc. 2011–6235 Filed 3–16–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AH18 

Defense Federal Acquisition 

Regulation Supplement; Repeal of 

Restriction on Ballistic Missile Defense 

Research, Development, Test, and 

Evaluation (DFARS Case 2011–D026) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

implement section 222 of the National 

Defense Authorization Act for Fiscal 

Year 2011 (Pub. L. 111–383). Section 

222 repeals the restriction on purchase 

of Ballistic Missile Defense research, 

development, test, and evaluation from 

foreign sources. 

DATES: Effective date: March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP/DARS Room 3B855, 3060 Defense 

Pentagon, Washington, DC 20301–3060. 

Telephone 703–602–0328; facsimile 

703–602–0350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends DFARS 

subpart 225.70 by deleting section 

225.7016 and the associated clause at 

DFARS 252.225–7018, because section 

222 of the National Defense 

Authorization Act for Fiscal Year 2011 

(Pub. L. 111–383) repealed the 

restriction from foreign sources of 

acquisition of Ballistic Missile Defense 

research, development, test, and 

evaluation that was required by section 

222 of the DoD Authorization Act for 

Fiscal Years 1988 and 1989. 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This rule is not 

considered a major rule under 5 U.S.C. 

804. 


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