Acquisition Regulation; Minor Amendments

Commerce Acquisition Regulation; Minor Amendments

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 § 1301.105-3, which addresses how the public can obtain copies of the CAR. See 48 CFR 1301.105-3. Currently, § 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superintendent is no longer the appropriate point of contact for purchasing copies of the CAR, and the provided link is no longer active. This action revises § 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 § 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 § 1.304(a).

Third, this action corrects the spelling of the word "Definitions" in the part heading of part 1302.

Fourth, this action removes § 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 § 1303.101-3 will properly reflect the removal of part 0.

Fifth, this action updates § 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.

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

Subpart 1301.1-Purpose, Authority, Issuance

Subpart 1301.3-Agency Acquisition Regulations

PART 1302-DEFINITIONS OF WORDS AND TERMS

PART 1303-IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

Subpart 1303.1-Safeguards

Subchapter D-Socioeconomic Program

PART 1322-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 1322.10-Service Contract Act of 1965, as Amended

The DOC labor advisor is the Deputy General Counsel for Administration.

PART 1323-ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, AND OCCUPATIONAL SAFETY

Subpart 1323.5-[Removed and Reserved]

PART 1326-OTHER SOCIOECONOMIC PROGRAMS