Defense Acquisition Regulations System, Department of Defense (DoD).
DoD is issuing a final rule to implement section 222 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 222 repeals the restriction on purchase of Ballistic Missile Defense research, development, test, and evaluation from foreign sources.
Effective date: March 17, 2011.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile 703-602-0350.End Further Info End Preamble Start Supplemental Information
This final rule amends DFARS subpart 225.70 by deleting section 225.7016 and the associated clause at DFARS 252.225-7018, because section 222 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383) repealed the restriction from foreign sources of acquisition of Ballistic Missile Defense research, development, test, and evaluation that was required by section 222 of the DoD Authorization Act for Fiscal Years 1988 and 1989.
II. Executive Order 12866
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This rule is not considered a major rule under 5 U.S.C. 804.Start Printed Page 14590
In accordance with Executive Order 13563, Improving Regulation and Regulatory Review, dated January 18, 2011, DoD has determined that this rule is not excessively burdensome to the public, and is consistent with section 222 of the National Defense Authorization Act for Fiscal Year 2011.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because a final regulatory flexibility analysis is only required for final rules that were previously published for public comment, and for which an initial regulatory flexibility analysis was prepared (5 U.S.C. 604).
This final rule does not constitute a significant FAR revision as defined at FAR 1.501-1 because this rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of the Government. Therefore, publication for public comment under 41 U.S.C. 1707 is not required.
V. Paperwork Reduction Act
This rule modifies an existing information collection by removing the requirement for an offeror to represent whether it is or is not a United States firm by completing the clause at DFARS 252.225-7018. Deletion of this requirement reduces the total approved hours for the collection under OMB Control Number 0704-0229, “Defense Federal Acquisition Regulation Supplement Part 225, Foreign Acquisition, and Related Clauses” from 57,140 to 57,135. A change request has been submitted to OMB.Start List of Subjects
List of Subjects in 48 CFR Parts 225 and 252End List of Subjects Start Signature
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:Start Amendment Part
1. The authority citation forEnd Amendment Part Start Part
PART 225—FOREIGN ACQUISITION
2. Sections 225.7016 through 225.7016-4 are removed.End Amendment Part Start Part
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.225-7018 is removed and reserved.End Amendment Part End Supplemental Information
[FR Doc. 2011-6234 Filed 3-16-11; 8:45 am]
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