Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 31961 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 252.225–7055 to read 

as follows: 

252.225–7055 Representation Regarding 

Business Operations with the Maduro 

Regime. 

As prescribed in 225.7020–5(a), use 

the following provision: 

Representation Regarding Business 

Operations With the Maduro Regime 

(May 2022) 

(a) Definitions. As used in this provision— 

Agency or instrumentality of the 

government of Venezuela, business 

operations, government of Venezuela, and 

person have the meaning given in the clause 

252.225–7056, Prohibition Regarding 

Business Operations with the Maduro 

Regime, of this solicitation. 

(b) Prohibition. In accordance with section 

890 of the National Defense Authorization 

Act for Fiscal Year 2020 (Pub. L. 116–92), 

DoD is prohibited from entering into a 

contract for the procurement of products or 

services with any person that has business 

operations with an authority of the 

government of Venezuela that is not 

recognized as the legitimate government of 

Venezuela by the U.S. Government, unless 

the person has a valid license to operate in 

Venezuela issued by the Office of Foreign 

Assets Control of the Department of the 

Treasury. 

(c) Representation. By submission of its 

offer, the Offeror represents that the Offeror 

is a person that— 

(1) Does not have any business operations 

with an authority of the Maduro regime or 

the government of Venezuela that is not 

recognized as the legitimate government of 

Venezuela by the U.S. Government; or 

(2) Has a valid license to operate in 

Venezuela issued by the Office of Foreign 

Assets Control of the Department of the 

Treasury. 

(End of provision) 

■ 5. Add section 252.225–7056 to read 

as follows: 

252.225–7056 Prohibition Regarding 

Business Operations with the Maduro 

Regime. 

As prescribed in 225.7020–5(b), use 

the following clause: 

Prohibition Regarding Business 

Operations With the Maduro Regime 

(May 2022) 

(a) Definitions. As used in this clause— 

Agency or instrumentality of the 

government of Venezuela means an agency or 

instrumentality of a foreign state as defined 

in 28 U.S.C. 1603(b), with each reference in 

section 1603(b) to a foreign state deemed to 

be a reference to Venezuela. 

Business operations means engaging in 

commerce in any form, including acquiring, 

developing, maintaining, owning, selling, 

possessing, leasing, or operating equipment, 

facilities, personnel, products, services, 

personal property, real property, or any other 

apparatus of business or commerce. 

Government of Venezuela means the 

government of any political subdivision of 

Venezuela, and any agency or 

instrumentality of the government of 

Venezuela. 

Person means— 

(1) A natural person, corporation, 

company, business association, partnership, 

society, trust, or any other nongovernmental 

entity, organization, or group; 

(2) Any governmental entity or 

instrumentality of a government, including a 

multilateral development institution (as 

defined in section 1701(c)(3) of the 

International Financial Institutions Act (22 

U.S.C. 262r(c)(3)); and 

(3) Any successor, subunit, parent entity, 

or subsidiary of, or any entity under common 

ownership or control with, any entity 

described in paragraph (1) or (2) of this 

definition. 

(b) Prohibition. In accordance with section 

890 of the National Defense Authorization 

Act for Fiscal Year 2020 (Pub. L. 116–92), 

DoD is prohibited from entering into a 

contract for the procurement of products or 

services with any person that has business 

operations with an authority of the 

government of Venezuela that is not 

recognized as the legitimate government of 

Venezuela by the U.S. Government, unless 

the person has a valid license to operate in 

Venezuela issued by the Office of Foreign 

Assets Control of the Department of the 

Treasury. 

(c) The Contractor shall— 

(1) Not have any business operations with 

an authority of the Maduro regime or the 

government of Venezuela that is not 

recognized as the legitimate government of 

Venezuela by the U.S. Government; or 

(2) Have a valid license to operate in 

Venezuela issued by the Office of Foreign 

Assets Control of the Department of the 

Treasury. 

(d) Subcontracts. The Contractor shall 

insert the substance of this clause, including 

this paragraph (d), in all subcontracts, 

including subcontracts for the acquisition of 

commercial items. 

(End of clause) 

[FR Doc. 2022–11207 Filed 5–25–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 219 

[Docket DARS–2022–0011] 

RIN 0750–AL54 

Defense Federal Acquisition 

Regulation Supplement: Small 

Business Specialist Review Threshold 

Update (DFARS Case 2022–D002) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

modify the nomenclature used for the 

threshold for the small business 

specialist review of acquisitions to align 

it with the threshold for small business 

set-asides at Federal Acquisition 

Regulation (FAR) 19.502–2(a). 

DATES: Effective May 26, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, 571–372–6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is issuing a final rule to amend 

the DFARS to revise the nomenclature 

used to identify the threshold for the 

small business specialist review of 

acquisitions at DFARS 219.201(c)(10)(A) 

to use the term ‘‘micro-purchase 

threshold’’ in lieu of the dollar amount 

‘‘$10,000’’ to align it with FAR 19.502– 

2(a). The dollar threshold at FAR 

19.502–2(a) was modified to reflect the 

‘‘micro-purchase threshold’’ on August 

31, 2020, via FAR case 2018–004 (85 FR 

40064, July 2, 2020); however, the 

threshold at DFARS 219.201(c)(10)(A) 

was not similarly adjusted. This final 

rule makes that conforming adjustment. 

DFARS 219.201(c)(10)(A) requires 

small business specialists to review and 

make recommendations for all 

acquisitions over $10,000 except for 

those under the simplified acquisition 

threshold that are totally set aside for 

small business concerns. Since the 

threshold at FAR 19.502–2(a) for total 

small business set-asides is ‘‘the micropurchase threshold’’, the threshold at 

DFARS 219.201(c)(10)(A) is being 

changed for consistency. This final rule 

does not modify the dollar value of the 

threshold since the micro-purchase 

threshold and the small business 

specialist review threshold are both 

$10,000 unless an exception applies in 


khammond on DSKJM1Z7X2PROD with RULES
31962 Federal Register / Vol. 87, No. 102 / Thursday, May 26, 2022 / Rules and Regulations 

accordance with the micro-purchase 

threshold definition at FAR 2.101. 

This rule does not change the 

requirements for the small business 

specialist review of acquisitions. Small 

business specialists will continue to 

review acquisitions over the micropurchase threshold, except those under 

the simplified acquisition threshold that 

are totally set aside for small business 

concerns. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the 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 merely modifies the 

nomenclature used to describe an 

existing threshold; it does not change 

the dollar value of the threshold. The 

threshold affects only the internal 

operating procedures of the 

Government. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Services 

and Commercial Products, Including 

Commercially Available Off-the-Shelf 

Items 

This rule does not create any new 

solicitation provisions or contract 

clauses. It does not impact any existing 

solicitation provisions, contract clauses, 

or prescriptions for the use of 

solicitation provisions or contract 

clauses. 

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, dated September 30, 1993. 

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. 

VII. 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 Part 219 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR part 219 is 

amended as follows: 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 219 continues to read as follows: 

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

chapter 1. 

219.201 [Amended] 

■ 2. Amend section 219.201 in 

paragraph (c)(10)(A) by removing 

‘‘$10,000’’ and adding ‘‘the micropurchase threshold (see FAR 19.502– 

2(a))’’ in its place. 

[FR Doc. 2022–11198 Filed 5–25–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220325–0078; RTID 0648– 

XC033] 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

2022 Closure of the Northern Gulf of 

Maine Scallop Management Area to the 

Limited Access General Category 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the Northern Gulf of Maine Scallop 

Management Area for the remainder of 

the 2022 fishing year for Limited Access 

General Category vessels. Regulations 

require this action once NMFS projects 

that 100 percent of the Limited Access 

General Category total allowable catch 

for the Northern Gulf of Maine Scallop 

Management Area will be harvested. 

This action is intended to prevent the 

overharvest of the 2022 total allowable 

catch allocated to the Limited Access 

General Category Fishery. 

DATES: Effective 0001 hr local time, May 

26, 2022, through March 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Louis Forristall, Fishery Management 

Specialist, (978) 281–9321. 

SUPPLEMENTARY INFORMATION: The 

regulations governing fishing activity in 

the Northern Gulf of Maine (NGOM) 

Scallop Management Area are located in 

50 CFR 648.54 and 648.62. These 

regulations authorize vessels issued a 

valid Federal scallop permit to fish in 

the NGOM Scallop Management Area 

under specific conditions, including a 

default total allowable catch (TAC) of 

621,307 lb (281,820 kg) for the Limited 

Access General Category (LAGC) fleet 

for the 2022 fishing year, and a State 

Waters Exemption Program for the State 

of Maine and Commonwealth of 

Massachusetts. Section 648.62(b)(2) 

requires the NGOM Scallop 

Management Area to be closed to 

scallop vessels issued Federal LAGC 

scallop permits, except as provided 

below, for the remainder of the fishing 

year once the NMFS Greater Atlantic 

Regional Administrator determines that 

100 percent of the LAGC TAC for the 

fishing year is projected to be harvested. 

Any vessel that holds a Federal NGOM 

(LAGC B) or Individual Fishing Quota 


khammond on DSKJM1Z7X2PROD with RULES