[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Page 49864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24388]



[[Page 49864]]

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DEPARTMENT OF DEFENSE

48 CFR Part 223

[DFARS Case 2001-D005]


Defense Federal Acquisition Regulation Supplement; Use of 
Recovered Materials

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove approval 
requirements pertaining to the acquisition of items that do not meet 
Environmental Protection Agency (EPA) minimum recovered material 
standards. The DFARS requirements are no longer necessary as a result 
of changes made to the Federal Acquisition Regulation (FAR) in Item III 
of Federal Acquisition Circular (FAC) 97-18.

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Haberlin, Defense 
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2001-D005.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule--
     Removes DFARS 223.404(b)(3). FAR 223.404(b)(3) had 
required a written determination approved by an official designated by 
the agency head if the agency was acquiring EPA designated items that 
did not meet the EPA minimum recovered material standards. DFARS 
223.404(b)(3) designated the approval officials for DoD. Since Item III 
of FAC 97-18 (65 FR 36016, June 6, 2000) removed the written 
determination requirement from the FAR, the corresponding levels of 
approval are removed from the DFARS; and
     Moves the text at DFARS 223.404(b)(4) to DFARS 223.405(d), 
since Item III of FAC 97-18 moved the corresponding text from FAR 
223.404(b)(4) to FAR 223.405(d).
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment is not required. However, DoD will consider comments 
from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2001-D005.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 223

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.


    Therefore, 48 CFR part 223 is amended as follows:
    1. The authority citation for 48 CFR Part 223 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE


223.404  [Removed]

    2. Section 223.404 is removed.

    3. Section 223.405 is added to read as follows:


223.405  Procedures.

    (d) Departments and agencies must centrally collect information 
submitted in accordance with the clause at FAR 52.223-9 for reporting 
to the Office of the Deputy Under Secretary of Defense (Environmental 
Security).

[FR Doc. 01-24388 Filed 9-28-01; 8:45 am]
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