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DATES:

Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
Effective August 30, 2021.

FOR FURTHER INFORMATION CONTACT:

Kimberly Bass, telephone 703372
6174.
SUPPLEMENTARY INFORMATION:

I. Background DoD is issuing a final rule amending the DFARS to implement section 888 of the National Defense Authorization Act NDAA for Fiscal Year FY 2021 Pub.
L. 116283, which repeals section 830
of the NDAA for FY 2017 Pub. L. 114
328. DoD published a proposed rule in the Federal Register at 84 FR 12179 on April 1, 2019, to implement sections 829 and 830 of the NDAA for FY 2017
Pub. L. 114328. On May 29, 2019, a document was published in the Federal Register at 84 FR 24734 to extend the comment period for 14 days until June 14, 2019. The final rule implementing section 830 was published in the Federal Register at 84 FR 65304, on November 27, 2019.
Section 830 was implemented at DFARS 225.73011, Requirement to Use Firm-Fixed-Price Contracts, and required the use of firm-fixed-price contracts for foreign military sales FMS, unless one of the exceptions or the waiver provided in the statute applied.
Section 807 of the NDAA for FY 2020
Pub. L. 11692 delayed the effective date of regulations implementing section 830 until December 31, 2020.
Section 888 of the NDAA for FY 2021
repealed section 830 of the NDAA for FY 2017 and the requirement for contracting officers to use firm-fixedprice contracts for FMS unless an exception or a waiver applies.
Accordingly, DFARS section 225.7301
1 is being removed and reserved.

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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 the Office of Federal Procurement Policy statute codified at title 41 of the United States Code.
Specifically, 41 U.S.C. 1707a1
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
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comment, because DoD is not issuing a new regulation; rather, this rule is updating internal operating procedures that will no longer require contracting officers to use firm-fixed-price contracts for FMS as directed at DFARS
225.73011a. In addition, the waiver at DFARS 225.73011b will no longer be required.
III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not create any new DFARS 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 or for commercial items, including commercially available off-the-shelf items.
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 6b 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. 801808 before an interim or final rule takes effect, DoD
will submit a copy of the 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
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FAR 1.5011, 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 225
Government procurement.
Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System.

Therefore, 48 CFR part 225 is amended as follows:
PART 225FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
225.73011

Removed and Reserved
2. Remove and reserve section 225.73011.

FR Doc. 202118342 Filed 82721; 8:45 am BILLING CODE 500106P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration 49 CFR Part 541
Docket No. NHTSA20190056
RIN 2127AM24

Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2019 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2019
National Highway Traffic Safety Administration NHTSA, U.S.
Department of Transportation.
ACTION: Final rule.
AGENCY:

This final rule announces NHTSAs determination that there are no new model year 2019 light duty truck lines subject to the parts-marking requirements of the Federal motor vehicle theft prevention standard. The agency determined no new models were high-theft or had major parts that are interchangeable with a majority of the covered major parts of passenger car or multipurpose passenger vehicle lines.
This final rule also identifies those
SUMMARY:

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