Proposed Rule2024-13819
Federal Acquisition Regulation: Prohibition on Certain Semiconductor Products and Services
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
June 26, 2024
Effective
May 3, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA issued an advance notice of proposed rulemaking (ANPR) on May 3, 2024, with considerations for amending the Federal Acquisition Regulation (FAR) to implement paragraphs (a), (b), and (h) in section 5949 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 that prohibits executive agencies from procuring or obtaining certain products and services that include covered semiconductor products or services effective December 23, 2027. The deadline for submitting comments is being extended from July 2, 2024, to August 2, 2024, to provide additional time for interested parties to provide comments on the ANPR. Additionally, DoD, GSA, and NASA are providing instructions on how to submit business confidential information within a public comment, for this ANPR only.
Full Text
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<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
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[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Proposed Rules]
[Pages 53380-53381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13819]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 40
[FAR Case 2023-008; Docket No. FAR-2023-0008; Sequence No. 1]
RIN 9000-AO56
Federal Acquisition Regulation: Prohibition on Certain
Semiconductor Products and Services
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Advanced notice of proposed rulemaking; extension of comment
period.
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SUMMARY: DoD, GSA, and NASA issued an advance notice of proposed
rulemaking (ANPR) on May 3, 2024, with considerations for amending the
Federal Acquisition Regulation (FAR) to implement paragraphs (a), (b),
and (h) in section 5949 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 that prohibits executive
agencies from procuring or obtaining certain products and services that
include covered semiconductor products or services effective December
23, 2027. The deadline for submitting comments is being extended from
July 2, 2024, to August 2, 2024, to provide additional time for
interested parties to provide comments on the ANPR. Additionally, DoD,
GSA, and NASA are providing instructions on how to submit business
confidential information within a public comment, for this ANPR only.
DATES: For the advanced notice of proposed rulemaking published on May
3, 2024 (89 FR 36738), submit comments by August 2, 2024.
ADDRESSES: Submit comments in response to FAR Case 2023-008 to the
Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for ``FAR Case 2023-008''. Select the link ``Comment Now'' that
corresponds with ``FAR Case 2023-008''. Follow the instructions
provided on the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2023-008'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR Case 2023-
008'' in all correspondence related to this case. Public comments may
be submitted as an individual, as an organization, or anonymously (see
frequently asked questions at <a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>).
Comments submitted in response to this ANPR will be made publicly
available and are subject to disclosure under the Freedom of
Information Act. For this reason, please do not include in your
comments information of a confidential nature, such as sensitive
personal information or proprietary information, or any information
that you would not want publicly disclosed unless you follow the
instructions below for confidential comments. Summary information of
the public comments received, including any specific comments, will be
posted on <a href="http://regulations.gov">regulations.gov</a>.
All filers using the portal should use the name of the person or
entity submitting comments as the name of their files, in accordance
with the instructions below. Anyone submitting business confidential/
proprietary information should clearly identify any business
confidential/proprietary portion at the time of submission, file a
statement justifying nondisclosure and referencing the specific legal
authority claimed, and provide a non-confidential/non-proprietary
version of the submission. Any business confidential information should
be in an uploaded file that has a file name beginning with the
characters ``BC.'' Any page containing business confidential
information must be clearly marked ``BUSINESS CONFIDENTIAL/
PROPRIETARY'' on the top of that page.
[[Page 53381]]
The corresponding non-confidential/non-proprietary version of those
comments must be clearly marked ``PUBLIC.'' The file name of the non-
confidential version should begin with the character ``P.'' The ``BC''
and ``P'' should be followed by the name of the person or entity
submitting the comments or rebuttal comments. All filers should name
their files using the name of the person or entity submitting the
comments. Any submissions with file names that do not begin with a
``BC'' will be assumed to be public and will be made publicly available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, email
<a href="/cdn-cgi/l/email-protection#83c5e2f1f3ecefeae0fac3e4f0e2ade4ecf5"><span class="__cf_email__" data-cfemail="15537467657a797c766c557266743b727a63">[email protected]</span></a> or call 202-969-4075. Please cite FAR Case 2023-008.
For information pertaining to status, publication schedules, or
alternate instructions for submitting comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be used, contact the Regulatory Secretariat
Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#185f4b594a7d7f4b7d7b587f6b79367f776e"><span class="__cf_email__" data-cfemail="23647062714644704640634450420d444c55">[email protected]</span></a>. Please cite FAR Case
2023-008.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an advance notice of proposed
rulemaking in the Federal Register at 89 FR 36738 on May 3, 2024. The
comment period is extended to August 2, 2024, to allow additional time
for interested parties to develop comments on the rule. Additionally,
DoD, GSA, and NASA are providing instructions for how the public may
submit business confidential information within a public comment, for
this ANPR only.
List of Subjects in 48 CFR Part 40
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2024-13819 Filed 6-25-24; 8:45 am]
BILLING CODE 6820-EP-P
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