90232 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart H—Connecticut 

■ 2. Amend § 52.370 by adding 

paragraph (c)(134) to read as follows: 

§ 52.370 Identification of plan 

* * * * * 

(c) * * * 

(134) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on May 9, 

2023, and supplemented on February 

21, 2024. 

(i) [Reserved] 

(ii) Additional materials. 

(A) The Connecticut Department of 

Energy and Environmental Protection 

document ‘‘Limited Maintenance Plan 

for Connecticut’s Fine Particulate Matter 

(PM2.5) Maintenance Area’’ dated March 

2023. 

(B) The CT DEEP document ‘‘Motor 

Vehicle Assessment for Connecticut’s 

Fine Particulate Matter (PM2.5) 

Maintenance Area Limited Maintenance 

Plan’’ received via email dated July 4, 

2023. 

■ 3. Amend § 52.379 by adding 

paragraph (i) to read as follows: 

§ 52.379 Control Strategy: PM2.5

* * * * * 

(i) Approval—EPA is approving a 

2006 24-hour PM2.5 standard Limited 

Maintenance Plan for the Connecticut 

portion of the New York-N New JerseyLong Island, NY-NJ-CT fine particle 

(PM2.5) maintenance area, covering New 

Haven and Fairfield Counties, which 

covers the remaining 10-year portion of 

the 20-year maintenance period. 

Connecticut submitted this plan to EPA 

on May 9, 2023, and supplemented it on 

February 21, 2024. 

[FR Doc. 2024–26329 Filed 11–14–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Rules and Regulations 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: 

■ 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 

■ 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 GeospatialIntelligence 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 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 205, 212, 215, 

and 225 

[Docket DARS–2023–0043] 

RIN 0750–AK33 

Defense Federal Acquisition 

Regulation Supplement: Inapplicability 

of Additional Defense-Unique Laws 

and Certain Non-Statutory DFARS 

Clauses to Commercial Item Contracts 

(DFARS Case 2018–D074) 

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 implement sections of the 

National Defense Authorization Acts for 

Fiscal Years 2018 and 2019 regarding 

the applicability of certain solicitation 

provisions and contract clauses to 

contracts and subcontracts for 

commercial products, commercial 

services, and commercially available 

off-the-shelf items. 

DATES: Effective November 25, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, telephone 703–508– 

7524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 88 FR 80468 on 

November 17, 2023, to amend the 

DFARS to implement paragraphs (b) and 

(c) of section 849 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2018 (Pub. L. 115–91) 

and section 837 of the NDAA for FY 

2019 (Pub. L. 115–232). Paragraph (b) of 

section 849 requires that DoD review the 

DFARS and propose revisions to 

eliminate certain contract clause 

requirements applicable to Federal 

Acquisition Regulation (FAR) part 12 

commercial product and commercial 

service acquisitions, except for 

regulations required by law or Executive 

order, unless the Secretary of Defense 

determines that there is a specific 

reason not to eliminate the regulation. 

Paragraph (c) of section 849 requires 

that DoD review the DFARS and 

propose revisions to eliminate certain 

contract clause requirements applicable 

to commercially available off-the-shelf 

(COTS) item subcontracts, except for 

regulations required by law or Executive 

order, unless the Secretary of Defense 

determines that there is a specific 

reason not to eliminate the regulation. 

Paragraph (a) of section 837 of the 

NDAA for FY 2019 revises 10 U.S.C. 

2375(b)(2), redesignated as 10 U.S.C. 

3452(b)(2), by deleting the date ‘‘January 

1, 2015’’ and adding the date ‘‘October 

13, 1994’’ (the date of the Federal 

Acquisition Streamlining Act (FASA) of 

1994). DoD published an extension to 

the comment period in the Federal 

Register on December 27, 2023, at 88 FR 

89357. Two respondents submitted 

public comments in response to the 

proposed rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule; 

however, no changes were made to the 

rule as a result of the comments 

received. A discussion of the comments 

is provided, as follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

DFARS 212.371 is amended to add 

the contract clauses at DFARS 252.204– 

7012, Safeguarding Covered Defense 

Information and Cyber Incident 

Reporting, and 252.205–7000, Provision 

of Information to Cooperative 

Agreement Holders, to the list of 

solicitation provisions and contract 

clauses that are inapplicable to contracts 

for the acquisition of COTS items. These 

clauses are not applicable to contracts 

solely for the acquisition of COTS items. 

DFARS 212.301 is amended to restore, 

to the list of provisions and clauses that 

apply to commercial products and 

commercial services, the clause at 

DFARS 252.203–7005, Representation 

Relating to Compensation of Former 

DoD Officials, that was removed from 

the list in the proposed rule. This 

change aligns this final rule with the 

final rule for DFARS Case 2010–D020 

published in the Federal Register on 

November 18, 2011 (76 FR 71826). 

B. Analysis of Public Comments 

Comment: One respondent 

recommended that DFARS clause 

252.225–7029, Acquisition of Uniform 

Components for Afghan Military or 

Afghan National Police, be removed 

from the DFARS as it is obsolete, since 

the United States is no longer involved 

in Afghanistan and is no longer 

purchasing uniform components for the 

Afghan military or the Afghan National 

Police. 

Response: DoD acknowledges the 

respondent’s concern relating to the 

applicability of DFARS clause 252.225– 

7029; however, the clause cannot be 

removed from the DFARS until the 


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