21812 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Rules and Regulations 

effects, distributive impacts, and 

equity). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

IV. Regulatory Flexibility Act 

DoD certifies that this rule will not 

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 the rule reinforces existing 

requirements for the appropriate use of 

commercial acquisition procedures and 

for ensuring that contract prices are fair 

and reasonable. 

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). 

List of Subjects in 48 CFR Parts 202, 

212, and 234 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, the Defense Acquisition 

Regulations System confirms as final the 

interim rule published at 74 FR 34263 

on July 15, 2009, with the following 

changes: 

■ 1. The authority citation for 48 CFR 

parts 202, 212, and 234 continues to 

read as follows: 

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

chapter 1. 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

§ 202.101 [Amended] 

■ 2. Section 202.101 is amended in the 

definition for General public and nongovernmental entities by removing 

‘‘Section’’ and adding in its place 

‘‘section’’. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

§ 212.207 [Amended] 

■ 3. Section 212.207 paragraph (b) 

introductory text is amended by 

removing ‘‘Section’’ and adding in its 

place ‘‘section’’. 

[FR Doc. 2011–8947 Filed 4–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209 and 252 

RIN 0750–AG78 

Defense Federal Acquisition 

Regulation Supplement; Ownership or 

Control by a Foreign Government 

(DFARS Case 2010–D010) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as a final 

rule, without change, an interim rule 

that implemented revisions to DoD 

Directive-Type Memorandum (DTM) 

09–019, ‘‘Policy Guidance for Foreign 

Ownership, Control, or Influence 

(FOCI).’’ This DTM revises the 

description of communications security 

material that is ‘‘proscribed 

information.’’ 

DATES: Effective date: April 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, Telephone 703–602– 

0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 75 FR 35684 on June 

23, 2010, to implement changes 

required by Directive-Type 

Memorandum (DTM) 09–019, ‘‘Policy 

Guidance for Foreign Ownership, 

Control, or Influence (FOCI),’’ which 

required conforming changes to the 

DFARS. The public comment period 

closed August 23, 2010, and no public 

comments were received. DoD has 

therefore adopted the interim rule as a 

final rule without change. 

II. Executive Order 12866 and 

Executive Order 13563 

Executive Orders 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). Executive Order 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 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. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of entities 

within the meaning of the Regulatory 

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

because it only impacts companies that 

are owned or controlled by a foreign 

government, and most small entities, as 

defined in the Regulatory Flexibility 

Act, are not owned or controlled by a 

foreign government. 

DoD published an interim rule in the 

Federal Register at 75 FR 35684 on June 

23, 2010, to which there were no public 

comments. 

IV. 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). 

List of Subjects in 48 CFR Parts 209 and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CRF parts 209 and 252 

published at 75 FR 35684 on June 23, 

2010, is adopted as final without 

change. 

[FR Doc. 2011–8953 Filed 4–18–11; 8:45 am] 

BILLING CODE 5001–08–P 


jdjones on DSK8KYBLC1PROD with RULES