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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
14590 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Rules and Regulations 

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 section 

222 of the National Defense 

Authorization Act for Fiscal Year 2011. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because a final 

regulatory flexibility analysis is only 

required for final rules that were 

previously published for public 

comment, and for which an initial 

regulatory flexibility analysis was 

prepared (5 U.S.C. 604). 

This final rule does not constitute a 

significant FAR revision as defined at 

FAR 1.501–1 because this rule will not 

have a significant cost or administrative 

impact on contractors or offerors, or a 

significant effect beyond the internal 

operating procedures of the 

Government. Therefore, publication for 

public comment under 41 U.S.C. 1707 is 

not required. 

V. Paperwork Reduction Act 

This rule modifies an existing 

information collection by removing the 

requirement for an offeror to represent 

whether it is or is not a United States 

firm by completing the clause at DFARS 

252.225–7018. Deletion of this 

requirement reduces the total approved 

hours for the collection under OMB 

Control Number 0704–0229, ‘‘Defense 

Federal Acquisition Regulation 

Supplement Part 225, Foreign 

Acquisition, and Related Clauses’’ from 

57,140 to 57,135. A change request has 

been submitted to OMB. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7016 through 225.7016–4 [Removed] 

■ 2. Sections 225.7016 through 

225.7016–4 are removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7018 [Removed and reserved] 

■ 3. Section 252.225–7018 is removed 

and reserved. 

[FR Doc. 2011–6234 Filed 3–16–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 246 and 252 

RIN 0750–AG73 

Defense Federal Acquisition 

Regulation Supplement; Safety of 

Facilities, Infrastructure, and 

Equipment for Military Operations 

(DFARS Case 2009–D029) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 807 of 

the National Defense Authorization Act 

for Fiscal Year 2010. Section 807 

requires that facilities, infrastructure, 

and equipment that are intended for use 

by military or civilian personnel of the 

Department of Defense (DoD), in current 

or future military operations, should be 

inspected for safety and habitability 

prior to use, and that such facilities 

should be brought into compliance with 

generally accepted standards for the 

safety and health of personnel to the 

maximum extent practicable consistent 

with the requirements of military 

operations and the best interests of DoD 

to minimize the safety and health risk 

posed to such personnel. 

DATES: Effective date: March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Clare Zebrowski, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–0289; 

facsimile 703–602–0350. Please cite 

DFARS Case 2009–D029. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 66683 on October 29, 2010, to 

implement section 807 of the National 

Defense Authorization Act for Fiscal 

Year 2010 (Pub. L. 111–84), which was 

signed on October 28, 2009. Section 807 

requires that— 

• Each contract, including task or 

delivery orders, entered into for the 

construction, installation, repair, 

maintenance, or operation of facilities, 

infrastructure, and equipment for use by 

DoD military or civilian personnel 

should be inspected for safety and 

habitability prior to use to minimize the 

safety and health risk posed to such 

personnel; 

• The term ‘‘generally accepted 

standards’’ shall be defined with respect 

to fire protection, structural integrity, 

electrical systems, plumbing, water 

treatment, waste disposal, and 

telecommunications networks for the 

purposes of this section; and 

• Exceptions and limitations shall be 

provided as may be needed to ensure 

that this section can be implemented in 

a manner that is consistent with the 

requirements of military operations and 

the best interests of the Department of 

Defense. 

There were no comments submitted 

on the interim rule. 

II. Executive Order 12866 

This rule is a significant regulatory 

action and, therefore, was 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. It is consistent with DoD’s 

requirement to ensure the safety and 

health of its military and civilian 

personnel to the maximum extent 

practicable. 

IV. Regulatory Flexibility Act 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

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

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The rule affects contractors with 

contracts, including task and delivery 

orders, in support of current and future 

military operations for construction, 

installation, repair, maintenance, or 

operation of facilities. This includes 

contracts for facilities, infrastructure, 

and equipment configured for 

occupancy, including but not limited to, 

existing host nation facilities, new 

construction, and relocatable buildings. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1