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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Rules and Regulations]
[Pages 90232-90233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26059]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2024-0033]
RIN 0750-AM23

Defense Federal Acquisition Regulation Supplement: Updates to the 
Definition of Departments and Agencies (DFARS Case 2024-D026)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide updates to the 
existing definition of ``departments and agencies.''

DATES: Effective November 15, 2024.

FOR FURTHER INFORMATION CONTACT: Tonya De Saussure, telephone (202) 
805-1388.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule revises the DFARS definition of ``departments and 
agencies'' at DFARS 202.101, Definitions, to add recently established 
defense agencies. This update is part of a periodic policy review to 
ensure the accuracy of the regulation. The last update to this 
definition occurred on January 30, 2013 (77 FR 76938), under DFARS case 
2012-D045.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (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 it does not have a significant effect beyond the internal 
operating procedures of DoD. The final rule provides for recent 
additions to the defense agencies identified in the definition of 
``departments and agencies.''

III. Applicability to Contracts At or Below the Simplified Acquisition 
Threshold (SAT), for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), and for Commercial Services

    This final rule does not create any new solicitation provisions or 
contract clauses. It does not impact any existing solicitation 
provisions or contract clauses or their applicability to contracts 
valued at or below the simplified acquisition threshold, for commercial 
products including COTS items, or for commercial services.

IV. 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, as amended.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. 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.

[[Page 90233]]

VII. Paperwork Reduction Act

    This final 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 Part 202

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, the Defense Acquisition Regulations System amends 48 CFR 
part 202 as follows:

0
1. The authority citation for 48 CFR part 202 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 202--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 202.101 by revising the definition of ``Departments 
and agencies'' to read as follows:

202.101   Definitions.

* * * * *
    Departments and agencies, as used in DFARS, means the military 
departments and the defense agencies. The military departments are the 
Departments of the Army, Navy, and Air Force (the Marine Corps is a 
part of the Department of the Navy, and the Space Force is a part of 
the Air Force). The defense agencies are the Chief Digital and 
Artificial Intelligence Office, the Defense Advanced Research Projects 
Agency, the Defense Commissary Agency, the Defense Contract Management 
Agency, the Defense Counterintelligence and Security Agency, the 
Defense Finance and Accounting Service, the Defense Health Agency, the 
Defense Information Systems Agency, the Defense Intelligence Agency, 
the Defense Logistics Agency, the Defense Threat Reduction Agency, the 
Missile Defense Agency, the National Geospatial-Intelligence Agency, 
the National Security Agency, the Strategic Capabilities Office, the 
United States Cyber Command, the United States Special Operations 
Command, the United States Transportation Command, and the Washington 
Headquarters Service.
* * * * *
[FR Doc. 2024-26059 Filed 11-14-24; 8:45 am]
BILLING CODE 6001-FR-P
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