[Federal Register Volume 75, Number 153 (Tuesday, August 10, 2010)]
[Rules and Regulations]
[Pages 48279-48280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19666]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
[DFARS Case 2009-D024]
Defense Federal Acquisition Regulation Supplement; Reporting of
Commercially Available Off-the-Shelf Items That Contain Specialty
Metals--Deletion of Obsolete Clause
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing this final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) by deleting the requirement
for contractors to report commercially available off-the-shelf items
that contain foreign specialty metals and are incorporated into
noncommercial end items.
DATES: Effective Date: August 10, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0328;
facsimile 703-602-0350. Please cite DFARS Case 2009-D024.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule deletes DFARS clause 252.225-7029, Reporting of
Commercially Available Off-the-Shelf Items that Contain Specialty
Metals and are Incorporated into Noncommercial End Items. This
requirement was incorporated in the DFARS to implement section 804,
paragraph (i), of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181). Paragraph (i) requires the Government to
report to Congress for fiscal years 2008 and 2009 on the use of the
exception to the specialty metals restrictions of 10 U.S.C. 2533b for
commercially available off-the-shelf items that are incorporated in
noncommercial end items. In order to obtain information for this
report, the DFARS clause 252.225-7029, Reporting of Commercially
Available Off-the-Shelf Items that Contain Specialty Metals and are
Incorporated into Noncommercial End Items, was added to the DFARS on
July 29, 2009 (74 FR 37626). This requirement is now obsolete, because
the reporting requirement does not extend beyond fiscal year 2009.
[[Page 48280]]
DoD is issuing this rule as a final rule because this rule does not
have a significant effect beyond the internal operating procedures of
DoD and does not have a significant cost or administrative impact on
contractors or offerors. Therefore, public comment is not required in
accordance with 41 U.S.C. 418b(a).
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
rule will not have a significant economic impact upon a substantial
number of small entities because this final rule does not constitute a
significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR
1.501, and did not require publication for public comment.
C. Paperwork Reduction Act
This rule will eliminate 306,800 information collection hours
currently approved under Office of Management and Budget Control Number
0704-0459.
List of subjects in 48 CFR Parts 225 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
225.7003-3 [Amended]
0
2. Section 225.7003-3 is amended by removing paragraph (b)(2)(iii).
225.7003-5 [Amended]
0
3. Section 225.7003-5 is amended by removing paragraph (c) and
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7029 [Removed and Reserved]
0
4. Section 252.225-7029 is removed and reserved.
[FR Doc. 2010-19666 Filed 8-9-10; 8:45 am]
BILLING CODE 5001-08-P