[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Proposed Rules]
[Pages 20726-20729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7978]
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DEPARTMENT OF DEFENSE
48 CFR Parts 211, 212, and 252
[DFARS Case 2004-D011]
Defense Federal Acquisition Regulation Supplement; Radio
Frequency Identification
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add policy pertaining to package
marking with passive radio frequency identification (RFID) tags. The
proposed changes require contractors to affix passive RFID tags at the
case and palletized unit load levels when shipping packaged operational
rations, clothing, individual equipment, tools,
[[Page 20727]]
personal demand items, or weapon system repair parts, to the Defense
Distribution Depot in Susquehanna, PA, or the Defense Distribution
Depot in San Joaquin, CA.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 20, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2004-D011,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: [email protected]. Include DFARS Case 2004-D011 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Michele Peterson, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, (703) 602-0311.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule contains requirements for contractors to affix
passive RFID tags at the case and palletized unit load levels. The
proposed rule requires that specified commodities delivered to
specified DoD locations be tagged with a readable passive RFID tag in
accordance with the applicable implementation plan at http://www.dodrfid.org/supplierimplementationplan.htm. The data encoding
schemes that contractors may write to the tags are identified in the
proposed clause and are also located at http://www.dodrfid.org/tagdata.htm. In addition, contractors must send an advance shipment
notice in accordance with the procedures at http://www.dodrfid.org/asn.htm, 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 levels.
DoD is particularly interested in receiving comments on the
following aspects of the rule:
1. The definitions of the terms ``case'' and ``palletized unit
load'' and their use throughout the rule.
2. The impact of providing electronic advance shipment notice
information.
3. Whether small business considerations have been fully addressed
in the regulatory flexibility analysis.
4. Scientific, industry, or manufacturing based evidence from
changes or additions to packaging or package systems in order to assess
the possible impact, if any, on the environment and materials
recycling, including corrugated, metal, and plastic shipping containers
and pallets.
5. What are the options for minimizing and mitigating the impacts
on the materials recycling process from the use of RFID tags on
shipping containers and pallets?
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule may have an impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. DoD has prepared a separate initial regulatory
flexibility analysis, available at http://www.dodrfid.org/regflex.htm,
which is summarized as follows:
This proposed rule adds requirements for DoD contractors supplying
materiel to the Department to affix passive RFID tags at the case and
palletized unit load levels for specified commodities delivered to
specified DoD locations. To create an automated and sophisticated end-
to-end supply chain, DoD is dependent upon initiating the technology at
the point of origin, the DoD commercial suppliers. Without the
assistance of the DoD supplier base to begin populating the DoD supply
chain with passive RFID tags, a fully integrated, highly visible,
automated end-to-end supply chain is untenable. DoD contractors are
presently required to print and affix military shipping labels to every
package delivered to DoD. Options to comply with the requirements of
the proposed rule can be as simple as replacing existing military
shipping label printers with RFID-enabled printers. This will allow DoD
contractors to print military shipping labels with embedded RFID tags.
The regulatory flexibility analysis also details other options and
approximate costs to comply. The proposed rule will also require
contractors to provide an electronic advance shipment notice in
accordance with the procedures at http://www.dodrfid.org/asn.htm, to
associate RFID tag data with the corresponding shipment. The objective
of the rule is to improve visibility of DoD assets in the supply chain,
increase accuracy of shipments and receipts, and reduce the number of
logistic ``touch points'' in order to decrease the amount of time it
takes to deliver material to the warfighter. The rule does not
duplicate, overlap, or conflict with any other Federal rules.
C. Paperwork Reduction Act
This proposed rule contains a new information collection
requirement. DoD has submitted the following proposal to OMB under the
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
DoD, including whether the information will have practical utility; (b)
the accuracy of the estimate of the burden of the proposed information
collection; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the information collection on respondents, including the use of
automated collection techniques or other forms of information
technology.
Title: Defense Federal Acquisition Regulation Supplement (DFARS);
Radio Frequency Identification Advance Shipment Notices.
Type of Request: New requirement.
Number of Respondents: 17,000.
Responses Per Respondent: 3,981.
Annual Responses: 67,677,000.
Average Burden Per Response: Approximately 1.12 seconds.
Annual Burden Hours: 21,038.
Needs and Uses: DoD needs an advance shipment notice prior to
shipment of materiel containing RFID tag data. DoD receiving personnel
use the advance shipment notice to associate the unique identification
encoded on the RFID tag with the corresponding shipment. Use of RFID
technology permits DoD to create an automated and sophisticated end-to-
end supply chain, thereby increasing visibility of assets and
permitting delivery of supplies to the warfighter more quickly.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Mr. Lewis Oleinick.
[[Page 20728]]
Written comments and recommendations on the proposed information
collection should be sent to Mr. Oleinick at the Office of Management
and Budget, Desk Officer for DoD, Room 10236, New Executive Office
Building, Washington, DC 20503, with a copy to the Defense Acquisition
Regulations Council, Attn: Ms. Michele Peterson, OUSD(AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Comments
can be received from 30 to 60 days after the date of this notice, but
comments to OMB will be most useful if received by OMB within 30 days
after the date of this notice.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to Defense Acquisition Regulations Council,
Attn: Ms. Michele Peterson, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062.
List of Subjects in 48 CFR Parts 211, 212, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 211, 212, and 252 as
follows:
1. The authority citation for 48 CFR parts 211, 212, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
2. Sections 211.275 through 211.275-3 are added to read as follows:
211.275 Radio frequency identification.
211.275-1 Definitions.
Bulk commodities, case, palletized unit load, passive RFID tag, and
radio frequency identification are defined in the clause at 252.211-
7XXX, Radio Frequency Identification.
211.275-2 Policy.
Radio frequency identification (RFID), in the form of a passive
RFID tag, is required for individual cases and palletized unit loads
that--
(a) Contain items in any of the following classes of supply, as
defined in DoD 4140.1-R, DoD Supply Chain Materiel Management
Regulation, AP1.1.11, except that bulk commodities are excluded from
this requirement:
(1) Subclass of Class I--Packaged operational rations.
(2) Class II--Clothing, individual equipment, tentage,
organizational tool kits, hand tools, and administrative and
housekeeping supplies and equipment.
(3) Class VI--Personal demand items (non-military sales items).
(4) Class IX--Repair parts and components including kits,
assemblies and subassemblies, reparable and consumable items required
for maintenance support of all equipment, excluding medical-peculiar
repair parts; and
(b) Will be delivered to one of the following locations:
(1) Defense Distribution Depot, Susquehanna, PA.
(2) Defense Distribution Depot, San Joaquin, CA.
211.275-3 Contract clause.
Use the clause at 252.211-7XXX, Radio Frequency Identification, in
solicitations for contracts that will require delivery of items meeting
the criteria at 211.275-2.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
3. Section 212.301 is amended by adding paragraph (f)(vii) to read
as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(vii) Use the clause at 252.211-7XXX, Radio Frequency
Identification, as prescribed in 211.275-3.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.211-7XXX is added to read as follows:
252.211-7XXX Radio Frequency Identification.
As prescribed in 211.275-3, use the following clause:
Radio Frequency Identification (XXX 2005)
(a) Definitions. As used in this clause--
Advance shipment notice means an electronic notification used to
list the contents of a shipment of goods as well as additional
information relating to the shipment, such as order information,
product description, physical characteristics, type of packaging,
marking, carrier information, and configuration of goods within the
transportation equipment.
Bulk commodities means the following commodities, when shipped
in rail tank cars, tanker trucks, trailers, other bulk wheeled
conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or petroleum products).
(4) Ready-mix concrete or similar construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds, grains, or animal feed.
Case means either an exterior container within a palletized unit
load or an individual shipping container.
Electronic Product Code TM (EPC) means an
identification scheme for universally identifying physical objects
via RFID tags and other means. The standardized EPC data consists of
an EPC (or EPC identifier) that uniquely identifies an individual
object, as well as an optional filter value when judged to be
necessary to enable effective and efficient reading of the EPC tags.
In addition to this standardized data, certain classes of EPC tags
will allow user-defined data. The EPC tag data standards will define
the length and position of this data, without defining its content.
EPCglobal TM means a joint venture between EAN
International and the Uniform Code Council to establish and support
the EPC network as the global standard for immediate, automatic, and
accurate identification of any item in the supply chain of any
company, in any industry, anywhere in the world.
Exterior container means a MIL-STD-129 defined container,
bundle, or assembly that is sufficient by reason of material,
design, and construction to protect unit packs and intermediate
containers and their contents during shipment and storage. It can be
a unit pack or a container with a combination of unit packs or
intermediate containers. An exterior container may not be used as a
shipping container.
Palletized unit load means a MIL-STD-129 defined quantity of
items, packed or unpacked, arranged on a pallet in a specified
manner and secured, strapped, or fastened on the pallet so that the
whole palletized load is handled as a single unit. A palletized load
is not considered to be a shipping container.
Passive RFID tag means a tag that reflects energy from the
reader/interrogator or that receives and temporarily stores a small
amount of energy from the reader/interrogator signal in order to
generate the tag response. Acceptable tags are--
(1) EPC Class 0 passive RFID tags that meet the EPCglobal Class
0 specification;
(2) EPC Class 1 passive RFID tags that meet the EPCglobal Class
1 specification; and
(3) EPC UHF Generation 2 passive RFID tags that meet the
EPCglobal UHF Generation 2 specification.
Radio Frequency Identification (RFID) means an automatic
identification and data capture technology comprising one or more
reader/interrogators and one or more radio frequency transponders in
which data transfer is achieved by means of suitably modulated
inductive or radiating electromagnetic carriers.
Shipping container means a MIL-STD-129 defined exterior
container that meets carrier regulations and is of sufficient
strength, by reason of material, design, and construction, to be
shipped safely without further packing (e.g., wooden boxes or
crates, fiber and metal drums, and corrugated and solid fiberboard
boxes).
[[Page 20729]]
(b)(1) Except as provided in paragraph (b)(2) of this clause,
the Contractor shall affix passive RFID tags, at the case and
palletized unit load packaging levels, for shipments of items that--
(i) Are in any of the following classes of supply, as defined in
DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation,
AP1.1.11:
(A) Subclass of Class I--Packaged operational rations.
(B) Class II--Clothing, individual equipment, tentage,
organizational tool kits, hand tools, and administrative and
housekeeping supplies and equipment.
(C) Class VI--Personal demand items (non-military sales items).
(D) Class IX--Repair parts and components including kits,
assemblies and subassemblies, reparable and consumable items
required for maintenance support of all equipment, excluding
medical-peculiar repair parts; and
(ii) Are being shipped to--
(A) Defense Distribution Depot, Susquehanna, PA; or
(B) Defense Distribution Depot, San Joaquin, CA.
(2) Bulk commodities are excluded from the requirements of
paragraph (b)(1) of this clause.
(c) The Contractor shall ensure that--
(1) The data encoded on each passive RFID tag are unique (i.e.,
the binary number is never repeated on any contract) and conforms to
the requirements in paragraph (d) of this clause;
(2) Each passive tag is readable at the time of shipment in
accordance with MIL-STD-129P (Section 4.9.1.1) readability
performance requirements; and
(3) The passive tag is affixed at the appropriate location on
the specific level of packaging, in accordance with MIL-STD-129P
(Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall use one or
more of the following data constructs, depending upon the type of
passive RFID tag being used in accordance with the tag construct
details located at http://www.dodrfid.org/tagdata.htm (version in
effect as of the date of the solicitation):
(1) Class 0, 64 Bit Tag--EPCglobal Serialized Global Trade Item
Number (SGTIN), Global Returnable Asset Identifier (GRAI), Global
Individual Asset Identifier (GIAI), or Serialized Shipment Container
Code (SSCC).
(2) Class 0, 64 Bit Tag--DoD Tag Construct.
(3) Class 1, 64 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(4) Class 1, 64 Bit Tag--DoD Tag Construct.
(5) Class 0, 96 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(6) Class 0, 96 Bit Tag--DoD Tag Construct.
(7) Class 1, 96 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(8) Class 1, 96 Bit Tag--DoD Tag Construct.
(9) UHF Generation 2 Tag--EPCglobal SGTIN, GRAI, GIAI, SSCC.
(10) UHF Generation 2 Tag--DoD Tag Construct.
(e) Receiving report. The Contractor shall electronically submit
advance shipment notice(s) with the RFID tag identification
(specified in paragraph (d) of this clause) in advance of the
shipment in accordance with the procedures at http://www.dodrfid.org/asn.htm.
(End of clause)
[FR Doc. 05-7978 Filed 4-20-05; 8:45 am]
BILLING CODE 5001-08-P