73500 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to eliminate the requirement 

for quarterly reporting of actual contract 

performance outside the United States. 

DATES: Effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As part of a DFARS streamlining 

initiative, DoD is eliminating the 

requirement for quarterly reporting of 

actual contract performance outside the 

United States (DFARS 252.225–7006, 

Quarterly Reporting of Actual Contract 

Performance Outside the United States) 

and associated text in DFARS subpart 

225.72. This report is not required by 

statute. 

DoD is retaining the provision at 

252.225–7003, Report of Intended 

Performance Outside the United States 

and Canada—Submission with Offer, 

and the clause at 252.225–7004, Report 

of Intended Performance Outside the 

United States and Canada—Submission 

After Award, both of which are required 

by 10 U.S.C. 2410g. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because this rule just eliminates 

obsolete text. 

III. Executive Orders 12866 and 13563 

Executive Orders (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. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

This rule slightly reduces the 

information collection requirements 

currently approved under OMB Control 

Number 0704–0229, titled Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 225, Foreign 

Acquisition, in accordance with the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). Removing the requirement 

for the DFARS 252.225–7006 quarterly 

reports reduced the burden hours 

approved by OMB in 0704–0229 by 225 

hours, from 64,256 hours to 64,031 

hours. An OMB Form 83–C Change 

Request has been processed by OMB to 

reduce the burden accordingly. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Manuel Quinones, 

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 

■ 2. Revise section 225.7201 to read as 

follows: 

225.7201 Policy. 

10 U.S.C. 2410g requires offerors and 

contractors to notify DoD of any 

intention to perform a DoD contract 

outside the United States and Canada 

when the contract could be performed 

inside the United States or Canada. 

225.7204 [Amended] 

■ 3. Amend section 225.7204 by— 

■ a. In paragraph (a), adding the word 

‘‘and’’ after the semicolon; 

■ b. In paragraph (b), removing the 

semicolon and adding a period; and 

■ c. Removing paragraph (c). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7006 [Removed and Reserved] 

■ 4. Remove and reserve 252.225–7005. 

[FR Doc. 2014–28816 Filed 12–10–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 235, 237, and 252 

RIN 0750–AI22 

Defense Federal Acquisition 

Regulation Supplement: Animal 

Welfare (DFARS Case 2013–D038) 

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 comply with the 

Department of Defense Instruction that 

addresses the use of animals in DoD 

programs. 

DATES: Effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 35717 on June 

24, 2014, to revise DFARS 235.072, 

subpart 237.1, and the clause at 

252.235–7002, Animal Welfare, to be 

consistent with the Department of 

Defense Instruction (DoDI) 3216.01 

entitled ‘‘Use of Animals in DoD 

Programs,’’ which governs DoD 

supported research, development, test, 

and evaluation or training that uses 

vertebrate animals, and the acquisition 

of animals. One respondent submitted 

two comments on the proposed rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule, and 

one change was made. A discussion of 

the comments is provided below. 

Comment: The respondent 

recommended that DFARS section 

237.17X be revised to prescribe use of 

the clause at 252.235–7002. 

Response: The clause at 252.235– 

7002, Animal Welfare, is prescribed 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73501 

within section 235.072. FAR drafting 

conventions prohibit a clause from 

being prescribed in more than one 

section. Section 237.17X, however, is 

amended to provide a cross reference to 

the clause and its prescription. Section 

237.17X is 237.175 in the final rule. 

Comment: The respondent 

recommended that the clause at DFARS 

252.235–7002, Animal Welfare, be 

revised to read that it has been 

prescribed in sections 235.072(a) and 

237.17X. 

Response: No changes were made in 

response to this comment. As discussed 

in the response to the prior comment, 

FAR drafting conventions prohibit a 

clause from being prescribed in more 

than one section. 

III. Executive Orders 12866 and 13563 

Executive Orders (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. 

IV. Regulatory Flexibility Act 

DoD has prepared a Final Regulatory 

Flexibility Analysis (FRFA) consistent 

with the Regulatory Flexibility Act, 5 

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

summarized as follows: 

DoD is issuing a final rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

comply with the Department of Defense 

Instruction (DoDI) that addresses the use 

of animals in DoD programs. DoDI 

3216.01, Use of Animals in DoD 

Programs, governs DoD supported 

research, development, test, and 

evaluation or training that uses 

vertebrate animals, and the acquisition 

of animals. 

The data obtained from the Office of 

Assistant Secretary of Defense for 

Research Development Animal Research 

Development Test & Evaluation 

Protection Programs reflect an estimate 

of 50 new DoD research, development, 

test, and evaluation contracts awarded 

in Fiscal Year 2012 that involved animal 

testing. Forty-eight of these contracts 

were awarded to small business entities, 

which could be impacted by this rule. 

However, any cost burden caused by 

this rule will be outweighed by the 

effect of the rule preventing cruelty to 

animals. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis published in the 

proposed rule. 

The rule does not contain any 

reporting or recordkeeping requirements 

and does not require contractors to 

expend significant cost or effort. There 

are no known significant alternatives to 

the rule that would further minimize 

any economic impact of the rule on 

small entities. 

V. Paperwork Reduction Act 

The rule does not contain 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 235, 

237, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 235, 237, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 235, 237, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING 

■ 2. In section 235.072, revise paragraph 

(a) to read as follows: 

235.072 Additional contract clauses. 

(a) Use a clause substantially the same 

as the clause at 252.235–7002, Animal 

Welfare, in solicitations and contracts 

involving research, development, test, 

and evaluation or training that use live 

vertebrate animals. 

* * * * * 

PART 237—SERVICE CONTRACTING 

■ 3. Add section 237.175 to read as 

follows: 

237.175 Training that uses live vertebrate 

animals. 

Use the clause at 252.235–7002, 

Animal Welfare, as prescribed in 

235.072(a), when contracting for 

training that will use live vertebrate 

animals. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Revise section 252.235–7002 to 

read as follows: 

252.235–7002 Animal Welfare. 

As prescribed in 235.072(a), use the 

following clause: 

Animal Welfare (Dec 2014) 

(a)(1) The Contractor shall register its 

research, development, test, and evaluation 

or training facility with the Secretary of 

Agriculture in accordance with 7 U.S.C. 2136 

and 9 CFR subpart C, and section 2.30, unless 

otherwise exempt from this requirement by 

meeting the conditions in 7 U.S.C. 2136 and 

9 CFR parts 1 through 4 for the duration of 

the activity. The Contractor shall have its 

proposed animal use approved in accordance 

with Department of Defense Instruction 

(DoDI) 3216.01, Use of Animals in DoD 

Programs, by a DoD Component Headquarters 

Oversight Office. The Contractor shall 

furnish evidence of such registration and 

approval to the Contracting Officer before 

beginning work under this contract. 

(2) The Contractor shall make its animals, 

and all premises, facilities, vehicles, 

equipment, and records that support animal 

care available during business hours and at 

other times mutually agreeable to the 

Contractor and the United States Department 

of Agriculture Office of Animal and Plant 

Health Inspection Service (USDA/APHIS) 

representative, personnel representing the 

DoD component oversight offices, as well as 

the Contracting Officer, to ascertain that the 

Contractor is compliant with 7 U.S.C. 2131– 

2159 and 9 CFR parts 1 through 4. 

(b) The Contractor shall acquire animals in 

accordance with DoDI 3216.01, current at 

time of award (http://www.dtic.mil/whs/

directives/corres/pdf/321601p.pdf). 

(c) The Contractor agrees that the care and 

use of animals will conform with the 

pertinent laws of the United States, 

regulations of the Department of Agriculture, 

and policies and procedures of the 

Department of Defense (see 7 U.S.C. 2131 et 

seq., and 9 CFR subchapter A, parts 1 

through 4, DoDI 3216.01, Army Regulation 

40–33/SECNAVINST 3900.38C/AFMAN 40– 

401(I)/DARPAINST 18/USUHSINST 3203). 

The Contractor shall also comply with DoDI 

1322.24, Medical Readiness Training, if this 

contract includes acquisition of training. 

(d) The Contracting Officer may 

immediately suspend, in whole or in part, 

work and further payments under this 

contract for failure to comply with the 

requirements of paragraphs (a) through (c) of 

this clause. 

(1) The suspension will stay in effect until 

the Contractor complies with the 

requirements. 

(2) Failure to complete corrective action 

within the time specified by the Contracting 

Officer may result in termination of this 

contract and, if applicable, removal of the 

Contractor’s name from the approved vendor 

list for live animals used in medical training. 

(e) The Contractor may request registration 

of its facility by contacting USDA/APHIS/AC, 


tkelley on DSK3SPTVN1PROD with RULES
73502 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

4700 River Road, Unit 84, Riverdale, MD 

20737–1234, or via the APHIS Animal Care 

Web site at: http://www.aphis.usda.gov/wps/ 

portal/aphis/ourfocus/animalwelfare. 

(f) The Contractor shall include the 

substance of this clause, including this 

paragraph (f), in all subcontracts involving 

research, development, test, and evaluation 

or training that use live vertebrate animals. 

(End of clause) 

[FR Doc. 2014–28812 Filed 12–10–14; 8:45 am] 

BILLING CODE 5001–06–P 


tkelley on DSK3SPTVN1PROD with RULES