Rule2026-06382
Commerce Acquisition Regulation; Minor Amendments
Primary source
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Published
April 2, 2026
Effective
April 2, 2026
Issuing agencies
Commerce Department
Abstract
By this rule, Commerce amends its agency-specific acquisition regulation by updating or removing certain outdated and unnecessary regulatory language, by moving a subpart to better track and correspond with the structure of the government-wide Federal Acquisition Regulation, and by correcting a typographical error. This action is intended to update, correct, and streamline Commerce's agency-specific acquisition regulation and make it easier to navigate, thereby promoting efficiency, without creating or altering any entitlements, restrictions, or obligations.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16578-16580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06382]
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DEPARTMENT OF COMMERCE
48 CFR Chapter 13
[Docket No. 260317-0083]
RIN 0605-AA87
Commerce Acquisition Regulation; Minor Amendments
AGENCY: Department of Commerce (Commerce).
ACTION: Final rule.
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SUMMARY: By this rule, Commerce amends its agency-specific acquisition
regulation by updating or removing certain outdated and unnecessary
regulatory language, by moving a subpart to better track and correspond
with the structure of the government-wide Federal Acquisition
Regulation, and by correcting a typographical error. This action is
intended to update, correct, and streamline Commerce's agency-specific
acquisition regulation and make it easier to navigate, thereby
promoting efficiency, without creating or altering any entitlements,
restrictions, or obligations.
DATES: The rule is effective April 2, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION: This action amends 48 CFR Chapter 13, which
contains Commerce's agency-specific acquisition regulation (CAR). The
CAR supplements, and generally corresponds with, the Federal
Acquisition Regulation (FAR) found at 48 CFR Chapter 1. This action
amends the CAR in the following ways.
First, this action updates Sec. 1301.105-3, which addresses how
the public can obtain copies of the CAR. See 48 CFR 1301.105-3.
Currently, Sec. 1301.105-3 indicates that copies of the CAR may be
purchased from the Superintendent of Documents at the Government
Printing Office, and that the CAR is available online at a provided
link. But the described superintendent is no longer the appropriate
point of contact for
[[Page 16579]]
purchasing copies of the CAR, and the provided link is no longer
active. This action revises Sec. 1301.105-3 to simply identify the
correct, current method of obtaining printed copies of the CAR: by
purchasing them from the Bookstore of the Government Publishing Office.
The contents of the CAR, which are codified at 48 CFR Chapter 13, can
be accessed and viewed online in the eCFR.
Second, this action removes Sec. 1301.304, which states that
``[o]perating unit counsel shall limit issuance of directives that
restrain the flexibilities found in the FAR.'' 48 CFR 1301.304. This
language essentially restates 48 CFR 1.304(a), which requires agencies
to ``control and limit issuance of agency acquisition regulations and,
in particular, local agency directives that restrain the flexibilities
found in the FAR.'' Upon review, Commerce finds it sufficiently clear,
without any restatement needed, that Commerce's operating unit counsel
must adhere to the requirement set forth broadly by Sec. 1.304(a).
Third, this action corrects the spelling of the word
``Definitions'' in the part heading of part 1302.
Fourth, this action removes Sec. 1303.101-3, which states that
``[Commerce] has issued rules implementing Executive Order 11222
prescribing employee standards of conduct (see DOC Office of [the]
General Counsel website).'' 48 CFR 1303.101-3. This language is
referring to 15 CFR part 0, which Commerce removed in its entirety via
final rule on January 15, 2026 (91 FR 1674), given its near-total
overlap with the government-wide employee conduct regulations in Title
5 of the Code of Federal Regulations. Thus, the removal of Sec.
1303.101-3 will properly reflect the removal of part 0.
Fifth, this action updates Sec. 1322.1001 by removing a reference
to an official position that no longer exists within Commerce (i.e.,
the Assistant General Counsel for Administration/Employment & Labor Law
Division) and replacing it with the appropriate, current position
(i.e., the Deputy General Counsel for Administration).
Sixth, this action removes the drug-free workplace requirements
from part 1323 and moves them to part 1326, to better track and
correspond with the FAR (specifically, 48 CFR part 26 and subpart 26.5)
and thereby make it easier to locate and understand the drug-free
workplace requirements of the CAR. This action also makes a conforming
edit to the heading of part 1323, to account for the removal of the
described requirements from that part.
In sum, this action makes a series of minor updates, corrections,
and other amendments to the CAR to promote accuracy, simplicity, and
efficiency. None of these changes is expected to create or alter any
entitlements, restrictions, or obligations.
Regulatory Classifications
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), Commerce finds good cause to waive
the prior notice and opportunity for public participation requirements
of the Administrative Procedure Act for this final rule. Commerce
considers this rule to be uncontroversial, and has determined that
prior notice and opportunity for public participation is unnecessary,
because this rule only makes minor updates, corrections, and amendments
to the CAR that do not create or alter any entitlements, restrictions,
or obligations. These changes are consistent with the FAR, the
underlying statutory authority, and Commerce's broader regulatory
policies; public participation would not justify the continued
maintenance of any of the outdated, inaccurate, misplaced, and/or
otherwise unwarranted regulatory language at issue. For the same
reasons, Commerce has determined that delaying the effectiveness of
these amendments would be contrary to the public interest. The changes
described above will immediately promote accuracy, simplicity, and
efficiency--thereby benefiting the public--at little to no cost.
Commerce therefore finds good cause to waive the public notice and
comment period under 553(b)(B) and to waive the 30-day delay in
effectiveness under 553(d).
B. Executive Orders 12866, 14192, and 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to Executive Order (E.O.) 12866. This rule is an
E.O. 14192 deregulatory action. This rule does not contain policies
having federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501,
et seq.
List of Subjects
48 CFR Part 1301
Acquisition regulations, Federal acquisition regulations,
Government procurement, Government contracts, Procurement, Reporting
and recordkeeping requirements.
48 CFR Part 1302
Definitions, Government procurement, Terms.
48 CFR Part 1303
Antitrust, Conflict of interests, Ethical conduct, Government
procurement, Reporting and recordkeeping requirements.
48 CFR Part 1322
Age, Child labor, Civil rights, Equal employment opportunity,
Government procurement, Individuals with disabilities, Labor, Labor
disputes, Prisoners, Reporting and recordkeeping requirements,
Veterans, Wages, Work stoppages.
48 CFR Part 1323
Affirmative procurement program, Air pollution control, Energy
conservation, Environmental, Government procurement, Hazardous
substances, Recycling, Renewable energy, Water pollution control.
48 CFR Part 1326
Disaster assistance, Drug abuse, Drug-free workplace, Government
procurement.
Dated: March 27, 2026.
Jennifer Hesch,
Acting Deputy Assistant Secretary for Administration performing the
non-exclusive functions and duties of the Chief Financial Officer and
Assistant Secretary for Administration.
For the reasons stated in the preamble, the Department of Commerce
amends 48 CFR chapter 13 as follows:
CHAPTER 13--DEPARTMENT OF COMMERCE
SUBCHAPTER A--GENERAL
PART 1301--DEPARTMENT OF COMMERCE ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for part 1301 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
[[Page 16580]]
Subpart 1301.1--Purpose, Authority, Issuance
0
2. Revise Sec. 1301.105-3 to read as follows:
Sec. 1301.105-3 Copies.
Copies of the FAR in CFR form may be purchased from the Bookstore
of the Government Publishing Office (GPO), Washington, DC 20402.
Subpart 1301.3--Agency Acquisition Regulations
Sec. 1301.304 [Removed and Reserved]
0
3. Remove and reserve Sec. 1301.304.
PART 1302--DEFINITIONS OF WORDS AND TERMS
0
4. The authority citation for part 1302 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
0
5. Revise the heading for part 1302 to read as set forth above.
PART 1303--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
6. The authority citation for part 1303 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
Subpart 1303.1--Safeguards
Sec. 1303.101-3 [Removed and Reserved]
0
7. Remove and reserve Sec. 1303.101-3.
Subchapter D--Socioeconomic Program
PART 1322--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
8. The authority citation for part 1322 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
Subpart 1322.10--Service Contract Act of 1965, as Amended
0
9. Revise Sec. 1322.1001 to read as follows:
Sec. 1322.1001 Definitions.
The DOC labor advisor is the Deputy General Counsel for
Administration.
PART 1323--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, AND OCCUPATIONAL SAFETY
0
10. The authority citation for part 1323 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
0
11. Revise the heading for part 1323 to read as set forth above.
Subpart 1323.5--[Removed and Reserved]
0
12. Remove and reserve subpart 1323.5.
PART 1326--OTHER SOCIOECONOMIC PROGRAMS
0
13. The authority citation for part 1326 continues to read as follows:
Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.
0
14. Add subpart 1326.5, consisting of Sec. 1326.5, to read as follows:
Subpart 1326.5--Drug-Free Workplace
Sec. 1326.5 Suspension of payments, termination of contract and
debarment and suspension actions.
The designee authorized to waive a determination to suspend
contract payments, terminate a contract for default, or debar or
suspend a contractor for Drug-Free Workplace violations, is set forth
in CAM 1301.70. This authority may not be delegated.
[FR Doc. 2026-06382 Filed 4-1-26; 8:45 am]
BILLING CODE 3510-03-P
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</html>Indexed from Federal Register on April 2, 2026.
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