3836 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

September 29, 2020, DoD published in 

the Federal Register at 85 FR 60918 a 

final rule titled ‘‘Treatment of Certain 

Items as Commercial Items (DFARS 

Case 2019–D029)’’ that included this 

change; however, the revision is not 

reflected in the eCFR. This amendment 

corrects the eCFR. 

List of Subjects in 48 CFR Parts 212 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 212 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.301 [Amended] 

■ 2. Amend section 212.301 by 

redesignating paragraphs (f)(ii)(H) 

through (M) as paragraphs (f)(ii)(G) 

through (L). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 252.244–7000 by— 

■ a. Removing the clause date of ‘‘(OCT 

2020)’’ and adding ‘‘(JAN 2021)’’ in its 

place; and 

■ b. Revising paragraph (d). 

The revision reads as follows: 

252.244–7000 Subcontracts for 

Commercial Items. 

* * * * * 

(d) The Contractor shall include the 

terms of this clause, including this 

paragraph (d), in subcontracts awarded 

under this contract, including 

subcontracts for the acquisition of 

commercial items. 

* * * * * 

[FR Doc. 2021–00616 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2021–0001] 

Defense Federal Acquisition 

Regulation Supplement: Technical 

Amendment 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide a needed editorial 

change. 

DATES: Effective February 24, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

OUSD(A&S)DPC(DARS), Room 3B938, 

3060 Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6100. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to update a 

reference at DFARS 225.872–7 to 

remove a reference to DoD Industrial 

Security Regulation DoD 5220.22–R and 

replace it with the National Industrial 

Security Program Operating Manual 

(NISPOM), 32 CFR part 117. On 

December 21, 2020, DoD issued a final 

rule in the Federal Register at 85 FR 

83300 to codify the NISPOM in the 

regulations. This change becomes 

effective February 24, 2021. 

Accordingly, this DFARS reference is 

being updated to incorporate this 

change. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, 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. 

225.872–7 [Amended] 

■ 2. Amend section 225.872–7 by 

removing ‘‘DoD Industrial Security 

Regulation DoD 5220.22–R’’ and adding 

‘‘National Industrial Security Program 

Operating Manual, 32 CFR part 117’’ in 

its place. 

[FR Doc. 2021–00617 Filed 1–14–21; 8:45 am] 

BILLING CODE 6820–ep–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 239 and 252 

[Docket DARS–2019–0031] 

RIN 0750–AK07 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

DFARS Clause ‘‘Tariff Information’’ 

(DFARS Case 2018–D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove a clause that is no 

longer necessary. 

DATES: Effective January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 85 FR 34576 on June 

5, 2020, to remove the DFARS clause 

252.239–7006, Tariff Information, from 

the DFARS as the clause is no longer 

necessary. No public comments were 

received in response to the proposed 

rule. No changes were made to the rule, 

as proposed. 

II. Applicability To Contracts At or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available OffThe-Shelf Items 

This rule only removes the obsolete 

contract clause at DFARS 252.239–7006, 

Tariff Information. This rule does not 

impose any new requirements on 

contracts at or below the simplified 

acquisition threshold or for commercial 

items, including commercially available 

off-the-shelf items. 

III. Expected Cost Savings 

This rule impacts only 

telecommunication service providers 

who do business, or want to do 

business, with DoD. DFARS clause 

252.239–7006, Tariff Information, 

requires telecommunications service 

contractors to submit certain tariff and 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3837 

non-tariff information to DoD when 

requested by the contracting officer or as 

specified in the clause. Removal of this 

DFARS clause is expected to result in 

savings for both DoD and DoD 

contractors that provide 

telecommunications services. 

The following is a summary of the 

estimated public and Government cost 

savings calculated in perpetuity in 2016 

dollars at a 7-percent discount rate: 

Summary Public Government Total 

Present Value .............................................................................................................................. ¥$1,624,014 ¥$406,000 ¥$2,030,014 

Annualized Costs ......................................................................................................................... ¥113,681 ¥28,420 ¥142,101 

To access the full Regulatory Cost 

Analysis for this rule, go to the Federal 

eRulemaking Portal at 

www.regulations.gov, search for 

‘‘DFARS Case 2018–D044,’’ click ‘‘Open 

Docket,’’ and view ‘‘Supporting 

Documents.’’ 

IV. Executive Orders 12866 and 13563 

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. This 

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

804. 

V. Executive Order 13771 

This final rule is an E.O. 13771 

deregulatory action. DoD estimates that 

this rule generates $2.03 million in 

annualized cost savings, discounted at 7 

percent relative to year 2016, over a 

perpetual time horizon. Details on the 

estimated cost savings can be found in 

section III of this preamble. 

VI. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

(FRFA) has been prepared consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

DoD is amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a 

recommendation from the DoD 

Regulatory Reform Task Force 

established pursuant to Executive Order 

13777, Enforcing the Regulatory 

Agenda, to repeal DFARS clause 

252.239–7006, Tariff Information, and 

the associated clause prescription at 

DFARS 239.7411(a). The objective of 

this rule is to remove the requirement 

for contractors to report tariff 

information under the DFARS clause. 

The legal basis for this change is 41 

U.S.C. 1303. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis. 

According to the Electronic Document 

Access system, DoD awards 

approximately 855 contracts to 83 

unique contractors each year that 

include DFARS clause 252.239–7006. It 

is estimated that 171 of those contracts 

are awarded to small entities. Based on 

the information available, DoD does not 

anticipate that this rule will 

significantly impact small business 

entities. 

This rule does not include any new 

reporting, recordkeeping, or other 

compliance requirements for small 

entities. Rather, this rule reduces the 

information collection requirements 

approved under OMB Control Number 

0704–0341. Small entities will no longer 

be required to provide the tariff 

information to the contracting officer in 

accordance with 252.239–7006. 

Removal of this clause and its reporting 

requirement serves to reduce the burden 

on small entities. 

VII. Paperwork Reduction Act 

This rule removes the burden 

associated with DFARS clause 252.239– 

7006, Tariff Information, from the 

information collection requirement 

currently approved under OMB Control 

Number 0704–0341, entitled ‘‘Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 239, 

Acquisition of Information Technology, 

and associated clause at 252.239–7000.’’ 

Accordingly, DoD submitted, and OMB 

approved, the following reduction of the 

annual reporting burden and OMB 

inventory of hours under OMB Control 

Number 0704–0341 as follows: 

Respondents: 83. 

Responses per respondent: 

Approximately 10.3. 

Total annual responses: 855. 

Hours per response: 2 hours. 

Total response Burden Hours: 1,710. 

List of Subjects in 48 CFR Parts 239 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 239 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 239 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

239.7411 [Amended] 

■ 2. Amend section 239.7411 by 

removing paragraph (a)(3) and 

redesignating paragraph (a)(4) as 

paragraph (a)(3). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.239–7006 [Removed and Reserved] 

■ 3. Remove and reserve section 

252.239–7006. 

[FR Doc. 2021–00613 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 245 and 252 

[Docket DARS–2020–0026] 

RIN 0750–AK92 

Defense Federal Acquisition 

Regulation Supplement: Property Loss 

Reporting in the Procurement 

Integrated Enterprise Environment 

(DFARS Case 2020–D005) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal