[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65219-65220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25729]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 245

RIN 0750-AI03


Defense Federal Acquisition Regulation Supplement: Approval of 
Rental Waiver Requests (DFARS Case 2013-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove the Director of 
Defense Security Cooperation Agency from the approval process for 
waiver or reduction of charges for the use of Government property on 
work for foreign governments or international organizations.

DATES: Effective October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Annette Gray, telephone 571-372-6093.

SUPPLEMENTARY INFORMATION: 

[[Page 65220]]

I. Discussion

    DoD is revising the DFARS to implement a policy that will allow 
contracting officers to approve requests for waiver or reduction of 
rental charges for the use of Government property on work for foreign 
governments or international organizations. Over the past year the 
Director of Defense Security Cooperation Agency (DSCA) has seen a 
significant increase in the number of requests with extremely low 
dollar values over the rental period. Currently, DSCA is required to 
approve requests in which the agency has no equities. This final rule 
will allow the contracting officer to process the request for waiver or 
reduction of charges for the use of Government property on work for 
foreign governments or international organizations without a separate 
review by DSCA. Removing DSCA from the approval process will expedite 
contractors' requests, while still protecting the interests of the 
Government.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the 
statute, which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (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 the changes are not substantive and only modify the internal 
operating procedures of DoD.

III. 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.

IV. 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.

V. 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 245

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 245 is amended as follows:

PART 245--GOVERNMENT PROPERTY

0
1. The authority citation for 48 CFR part 245 continues to read as 
follows:

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


0
2. Section 245.302 is amended by revising paragraph (3)(ii) to read as 
follows:


245.302  Contracts with foreign governments or international 
organizations.

* * * * *
    (3) * * *
    (ii) Requests for waiver or reduction of charges for the use of 
Government property on work for foreign governments or international 
organizations shall be submitted to the contracting officer, who is 
authorized to approve the requests in consultation with the appropriate 
functional specialist.

[FR Doc. 2013-25729 Filed 10-30-13; 8:45 am]
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