Rule2022-23284
Defense Federal Acquisition Regulation Supplement: Removal of Passive Radio Frequency Requirements (DFARS Case 2022-D020)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2022
Effective
October 28, 2022
Issuing agencies
Defense Department
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove passive radio frequency identification requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65513-65514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23284]
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DEPARTMENT OF DEFENSE
48 CFR Parts 211, 212, and 252
[Docket DARS-2022-0024]
RIN 0750-AL73
Defense Federal Acquisition Regulation Supplement: Removal of
Passive Radio Frequency Requirements (DFARS Case 2022-D020)
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 passive radio
frequency identification requirements.
DATES: Effective October 28, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
703-901-3176.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove requirements for the use of
passive radio frequency identification (RFID) tags for shipments that
meet the criteria at DFARS 211.275-2. DoD no longer requires the use of
passive RFID tags for shipments due to the use of more cost-effective
technologies.
Accordingly, this rule removes and reserves the contract clause at
DFARS 252.211-7006, Passive Radio Frequency Identification, which
requires contractors to submit advance shipment notices to associate
the passive RFID tag with the corresponding shipment, and removes and
reserves section 211.275, Passive radio frequency identification. DFARS
sections 211.275-1, Definitions; 211.275-2, Policy; and 211.275-3,
Contract clause, are also removed. DFARS clause 252.211-7006 is removed
from the list of solicitation provisions and contract clauses for the
acquisition of commercial items at DFARS 212.301.
DoD issued the final rule for DFARS Case 2004-D011 (70 FR 53955) on
September 13, 2005, to require that contractors affix passive RFID tags
at the case and palletized unit load levels when shipping packaged
operational rations, clothing, individual equipment, tools, personal
demand items, or weapon system repair parts to two specific Defense
Distribution Depots. The rule also required contractors to send an
advance shipment notice to provide the association between the unique
identification encoded on the passive tag(s) and the product
information at the applicable case and palletized unit load level(s).
DoD later updated the passive RFID requirements and the associated
contract clause at DFARS 252.211-7006 (76 FR 58142) on September 20,
2011, to expand the use of the tags to numerous sites and provide a new
website that enabled contractors to find the RFID identifier for each
specific DoD ship-to address that used RFID technology.
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 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
[[Page 65514]]
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 DoD is not issuing a new regulation; rather, this rule is
removing an unneeded contract clause from the DFARS that will reduce
the administrative burden on contractors or offerors.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold, for Commercial Products Including Commercially Available
Off-the-Shelf (COTS) Items, and for Commercial Services
This rule does not impose any new requirements on contracts at or
below the simplified acquisition threshold, for commercial products
including commercially available off-the-shelf items, or for commercial
services. The rule removes and reserves DFARS clause 252.211-7006,
Passive Radio Frequency Identification, and removes the clause from the
list of solicitation provisions and contract clauses for the
acquisition of commercial items at DFARS 212.301.
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 to 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.
VII. 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.
VIII. Paperwork Reduction Act
This rule removes the information collection requirements
associated with the clause at DFARS 252.211.7006, Passive Radio
Frequency Identification, currently approved under OMB Control Number
0704-0434, entitled ``Radio Frequency Identification Advance Shipment
Notices''. Accordingly, DoD submitted, and OMB approved, the following
reduction of the annual reporting burden and OMB inventory of hours
under OMB Control Number 0704-0434 as follows:
Respondents: 5,217.
Responses per respondent: 3,782.
Total annual responses: 19,732,850.
Hours per response: Approximately 1.16 seconds.
Total response burden hours: 6,358.
List of Subjects in 48 CFR Parts 211, 212, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 212, and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 211, 212, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.275 [Removed and Reserved]
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2. Remove and reserve section 211.275.
211.275-1 through 211.275-3 [Removed]
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3. Remove sections 211.275-1 through 211.275-3.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
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4. Amend section 212.301 by--
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a. Removing paragraph (f)(iv)(B); and
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b. Redesignating paragraphs (f)(iv)(C) and (D) as paragraphs (f)(iv)(B)
and (C).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7006 [Removed and Reserved]
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5. Remove and reserve section 252.211-7006.
[FR Doc. 2022-23284 Filed 10-27-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on October 28, 2022.
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