Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71833 

fiber is competitively selected (such as 

Nomex from DuPont), there will 

probably still be small businesses 

engaged in the manufacture of the 

military uniforms containing that fiber. 

VI. 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 211 and 

225 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Accordingly, the interim rule 

amending 48 CFR parts 211 and 225, 

which was published at 76 FR 32843 on 

June 6, 2011, is adopted as a final rule 

with the following changes: 

■ 1. The authority citation for 48 CFR 

parts 211 and 225 continues to read as 

follows: 

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

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 2. Add section 211.170 to read as 

follows: 

211.170 Requiring the use of fire-resistant 

rayon fiber. 

See 225.7016 for the statutory 

prohibition on requiring the use of fireresistant rayon fiber. 

PART 225—FOREIGN ACQUISITION 

■ 3. Revise section 225.7016 to read as 

follows: 

225.7016 Prohibition on requiring the use 

of fire-resistant rayon fiber. 

In accordance with section 821 of the 

National Defense Authorization Act for 

Fiscal Year 2011, do not include in any 

solicitation issued before January 1, 

2015, a requirement that proposals 

submitted pursuant to such solicitation 

shall include the use of fire-resistant 

rayon fiber. However, this does not 

preclude issuing a solicitation that 

allows offerors to propose the use of 

fire-resistant rayon fiber. 

[FR Doc. 2011–29428 Filed 11–17–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202 and 218 

RIN 0750–AH29 

Defense Federal Acquisition 

Regulation Supplement: Simplified 

Acquisition Threshold for 

Humanitarian or Peacekeeping 

Operations (DFARS Case 2011–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the statutory 

authority to invoke a simplified 

acquisition threshold that is two times 

the normal amount to support a 

humanitarian or peacekeeping 

operation. 

DATES: Effective Date: November 18, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, telephone 703–602– 

1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 76 FR 44280 on July 

25, 2011, to amend the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the authority at 

10 U.S.C. 2302(7) to invoke a simplified 

acquisition threshold that is two times 

the amount specified at 41 U.S.C 134, as 

amended by section 807 of the National 

Defense Authorization Act for Fiscal 

Year 2005, for the purpose of supporting 

a humanitarian or peacekeeping 

operation. The current simplified 

acquisition threshold is $150,000, as 

specified in Federal Acquisition 

Regulation 2.101. No respondents 

submitted public comments in response 

to the interim rule. 

II. 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. 

III. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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 the rule does not impose any 

requirements on small businesses. The 

statute applies only to purchases made 

outside the United States and only to 

those purchases that directly support a 

humanitarian or peacekeeping 

operation. For the definition of ‘‘small 

business,’’ the Regulatory Flexibility Act 

refers to the Small Business Act, which 

in turn allows the U.S. Small Business 

Administration (SBA) Administrator to 

specify detailed definitions or standards 

(5 U.S.C. 601(3) and 15 U.S.C. 632(a)). 

The SBA regulations at 13 CFR 121.105 

discuss who is a small business: ‘‘(a)(1) 

Except for small agricultural 

cooperatives, a business concern eligible 

for assistance from SBA as a small 

business is a business entity organized 

for profit, with a place of business 

located in the United States, and which 

operates primarily within the United 

States or which makes a significant 

contribution to the U.S. economy 

through payment of taxes or use of 

American products, materials or labor.’’ 

IV. 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 202 and 

218 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 202 and 218, 

which was published at 76 FR 44280 on 

July 25, 2011, is adopted as a final rule 

without change. 

[FR Doc. 2011–29433 Filed 11–17–11; 8:45 am] 

BILLING CODE 5001–06–P 


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