Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19127 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201 and 212 

RIN 0750–AH65 

Defense Federal Acquisition 

Regulation Supplement; Inflation 

Adjustment of Threshold for 

Acquisition of Right-Hand Drive 

Passenger Sedans (DFARS Case 2012– 

D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2012 that requires that the 

statutory limitation on the acquisition of 

right-hand drive passenger sedans be 

included on the list of dollar thresholds 

subject to inflation adjustment. 

DATES: Effective Date: March 30, 2012. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 29, 2012, to be considered 

in the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D016, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D016’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D016.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D016’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D016 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Dr. Laura 

Welsh, 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 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: Dr. 

Laura Welsh, telephone 571–372–6091. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule revises the DFARS 

to implement section 814(b) of the 

National Defense Authorization Act for 

Fiscal Year 2012 (Pub. L. 112–81). 

Section 814(b) requires that the dollar 

limitation established in 10 U.S.C. 

2253(a)(2) for the acquisition of righthand drive passenger sedans be 

included on the list of dollar thresholds 

subject to inflation adjustment in 

accordance with the requirements of 41 

U.S.C. 1908, and to adjust the threshold, 

as appropriate. 10 U.S.C. 2253(a)(2) is 

based on section 101(b) of the Fiscal 

Year 1986 Department of Defense 

Appropriations Act (Pub. L. 99–190). 

The threshold was previously amended 

from $12,000 per vehicle to $30,000 per 

vehicle in 1997 through section 805 of 

the Fiscal Year 1998 Department of 

Defense Appropriations Act (Pub. L. 

105–85), enacted on November 18, 1997. 

II. Discussion and Analysis 

This interim rule revises the DFARS 

to implement section 814(b) of the 

National Defense Authorization Act for 

Fiscal Year 2012 (Pub. L. 112–81) as 

follows: 

• Adds DFARS 201.109(a) to include 

the dollar limitation for the acquisition 

of right-hand drive passenger sedans in 

the list of statutory acquisition-related 

dollar thresholds to be adjusted for 

inflation. 

• Adds DFARS 212.271 to provide 

the escalated threshold of $40,000 per 

vehicle when acquiring right-hand drive 

passenger sedans. 

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 does not expect this rule 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 it merely adjusts upward the 

current limitation for acquisition of 

right-hand drive passenger vehicles 

from $30,000 to $40,000 due to 

inflation. 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 2012–D016), in 

correspondence. 

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). 

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 promulgate this interim rule without 

prior opportunity for public comment. 

This action is necessary because it 

implements section 814(b) of the 

National Defense Authorization Act for 

Fiscal Year 2012 (Pub. L. 112–81), 

enacted on December 31, 2011. Section 

814(b) requires escalating the current 

threshold for acquisition of right-hand 

drive passenger sedans from $30,000 to 

$40,000. Pursuant to paragraph (d) of 41 

U.S.C. 1908, revised thresholds take 

effect on the date of publication in the 

Federal Register. The threshold was last 

amended from $12,000 per vehicle to 

$30,000 per vehicle in 1997 through 

section 805 of the National Defense 

Authorization Act for Fiscal Year 1998 

(Pub. L. 105–85), enacted on November 

18, 1997. Delaying implementation of 

the threshold adjustment may 

negatively impact contracting officers 

and the defense customers they support 

who require right-hand drive passenger 

sedans by restricting the purchase 

authority to the 1997 cost limitation of 

$30,000, without providing for 

adjustment due to inflation. 

Transportation of personnel in righthand drive passenger sedans is needed 


sroberts on DSK5SPTVN1PROD with RULES
19128 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

overseas for reasons of safety and 

security and will allow personnel to 

move to work locations necessary to 

achieve the mission of the United States 

military worldwide, including support 

of overseas contingency operations. 

However, pursuant to 41 U.S.C. 1707 

and FAR 1.501–3(b), DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Parts 201 and 

212 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 201 and 212 

are amended as follows: 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 1. The authority citation for 48 CFR 

part 201 is revised to read as follows: 

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

chapter 2. 

■ 2. Section 201.109 is amended to add 

paragraph (a) to read as follows: 

201.109 Statutory acquisition-related 

dollar thresholds-adjustment for inflation. 

(a) Section 814(b) of the National 

Defense Authorization Act for Fiscal 

Year 2012 (Pub. L. 112–81) requires that 

the threshold established in 10 U.S.C. 

2253(a)(2) for the acquisition of righthand drive passenger sedans be 

included in the list of dollar thresholds 

that are subject to adjustment for 

inflation in accordance with the 

requirements of 41 U.S.C. 1908, and is 

adjusted pursuant to such provisions, as 

appropriate. 

* * * * * 

PART 212— ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. The authority citation for 48 CFR 

part 212 continues to read as follows: 

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

chapter 2. 

■ 4. Section 212.271 is added to subpart 

212.2 to read as follows: 

212.271 Limitation on acquisition of righthand drive passenger sedans. 

10 U.S.C. 2253(a)(2) limits the 

authority to purchase right-hand drive 

passenger sedans to a cost of not more 

than $40,000 per vehicle. 

[FR Doc. 2012–7493 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

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 add a reference for reporting 

suspected lobbying violations. 

DATES: Effective Date: March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette R. Shelkin, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6089; 

facsimile 571–372–6101. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS by adding text 

at 203.806 to provide guidance to 

explain how and where to report 

violations or potential violations of the 

Lobbying Disclosure Act (31 U.S.C. 

1352). 

List of Subjects in 48 CFR Part 203 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 203 is 

amended as follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for 48 CFR 

part 203 is revised to read as follows: 

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

chapter 2. 

■ 2. Add subpart 203.8 consisting of 

section 203.806 to read as follows: 

Subpart 203.8—Limitations on the 

Payment of Funds To Influence Federal 

Transactions 

203.806 Processing suspected violations. 

Report suspected violations to the 

address at PGI 203.8(a). 

[FR Doc. 2012–7439 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 209, 216, 229, and 

252 

RIN 0750–AH38 

Defense Federal Acquisition 

Regulation Supplement: Separation of 

Combined Provisions and Clauses 

(DFARS Case 2011–D048) 

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 separate provisions and 

clauses that are currently combined in 

order to be in compliance with DFARS 

drafting conventions. 

DATES: Effective Date: March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 76 FR 71922 on 

November 21, 2011, to separate 

provisions and clauses that are currently 

combined in order to comply with 

DFARS drafting conventions. A 

provision is included only in the 

solicitation, and generally includes 

representations and certifications, to 

which the offeror responds in its offer. 

A contract clause is included in both the 

solicitation and the resultant contract, 

and provides the terms that apply 

throughout contract performance. It is 

inconsistent with DFARS drafting 

conventions to combine a provision and 

a clause in a single clause. This rule 

removes the representations from the 

following five DFARS clauses and 

creates five new provisions to be used 

in solicitations that include the 

associated clauses: 


sroberts on DSK5SPTVN1PROD with RULES