88 FR 138 pgs. 46903-46904 - Defense Federal Acquisition Regulation Supplement: Repeal of Major Automated Information Systems Provisions (DFARS Case 2017-D028)
Type: RULEVolume: 88Number: 138Pages: 46903 - 46904
Pages: 46903, 46904Docket number: [Docket DARS-2023-0025]
FR document: [FR Doc. 2023-15152 Filed 7-19-23; 8:45 am]
Agency: Defense Department
Sub Agency: Defense Acquisition Regulations System
Official PDF Version: PDF Version
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202 and 234
[Docket DARS-2023-0025]
RIN 0750-AL89
Defense Federal Acquisition Regulation Supplement: Repeal of Major Automated Information Systems Provisions (DFARS Case 2017-D028)
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Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that repealed major automated information systems provisions.
DATES:
Effective July 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Ms. Jeanette Snyder, 703-508-7524.
SUPPLEMENTARY INFORMATION:
I. Background
Section 846 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328) repealed 10 U.S.C. chapter 144A and amended 10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by striking "or a major automated information system under chapter 144A". This final rule amends the definition of "milestone decision authority" in section 202.101, Definitions, by removing the term major automated information system and removes major automated information system programs from section 234.7100, Policy, and the clause prescription at 234.7101, Solicitation Provision and Contract Clause.
II. Publication of This Final Rule for Public Comment Is Not Required by Statute
[top] 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
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 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
This 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 234
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202 and 234 are amended as follows:
1. The authority citation for parts 202 and 234 continues to read as follows:
Authority:
41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202-DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
2. Amend section 202.101 in the definition of "Milestone decision authority" by removing ", major automated information system,".
PART 234-MAJOR SYSTEM ACQUISITION
234.7100 [Amended]
3. Amend section 234.7100 in paragraph (a) by removing ", and major automated information system programs (as defined in 10 U.S.C. 2445a)".
234.7101 [Amended]
4. Amend section 234.7101 in paragraph (b) introductory text and paragraphs (b)(1) and (2) by removing "or major automated information system programs".
[FR Doc. 2023-15152 Filed 7-19-23; 8:45 am]
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