[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Page 44308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18383]
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DEPARTMENT OF DEFENSE
Request for Public Comments on the Definition of ``Produced'' in
Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003,
Restrictions on Acquisition of Specialty Metals
AGENCY: Department of Defense (DoD).
ACTION: Request for public comments.
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SUMMARY: The Department of Defense is seeking public comments on the
definition of ``produced'' in Defense Federal Acquisition Regulation
Supplement (DFARS) 225.7003, Restrictions on acquisition of specialty
metals.
DATES: Submit written comments to the address shown below on or before
September 8, 2011. Comments received will be considered by DoD in the
formation of a recommendation to the Secretary of Defense if a revision
to the definition is necessary and appropriate.
ADDRESSES: Submit comments to: Director, Defense Procurement and
Acquisition Policy, 3060 Defense Pentagon, Washington, DC 20301-3060,
or e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Patricia Foley, telephone 703-693-
1145.
SUPPLEMENTARY INFORMATION: The Department of Defense (DoD) is
conducting a review of DFARS 225.7003, Restrictions on acquisition of
specialty metals, to determine whether it complies with the
requirements of section 2533b of title 10, United States Code, as
required by section 823 of the National Defense Authorization Act for
Fiscal Year 2011 (Pub. L. 111-383). DoD is seeking public comments on
the definition of ``produced'' in the course of its review. Public
comments from industry and industry associations should provide sales
and market share data regarding the proportion of specialty metals
acquired for DoD major weapons systems. DoD will use these submissions
as part of its internal deliberations. Any amendments to the
acquisition regulations resulting from these deliberations will be
subject to approval by the Defense Acquisition Regulations Council.
Background: Section 842 of the National Defense Authorization Act
for Fiscal Year 2007 (Pub. L. 109-364) added new provisions at 10
U.S.C. 2533b to address requirements for the purchase of specialty
metals from domestic sources. 10 U.S.C. 2533b restricts DoD's
acquisition of end items containing specialty metals to those ``melted
or produced'' in the United States unless the acquisition meets one of
the exceptions in the law. The statute specifically included the phrase
``melted or produced,'' allowing that melting was not the only
acceptable process for creation of domestic specialty metals.
DoD published a proposed rule under DFARS Case 2008-D003,
Restriction on Acquisition of Specialty Metals, at 73 FR 42300 on July
21, 2008. DoD considered public comments submitted in response to the
proposed rule in the formation of a final rule. DoD published a final
rule at 74 FR 37626 on July 29, 2009. The Federal Register notice
summarized the concerns expressed in the public comments submitted in
response to the proposed rule and the reasoning used in drafting the
definition.
DoD defined the term ``produce'' in the final DFARS rule to
incorporate technological progress in the industry that resulted in the
production of some specialty metals without requiring melting. The
DFARS defines ``produce'' for use in the specialty metals clause as
``the application of forces or processes to a specialty metal to create
the desired physical properties through quenching or tempering of steel
plate, gas atomization or sputtering of titanium, or final
consolidation of non-melt derived titanium powder or titanium alloy
powder.''
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2011-18383 Filed 7-22-11; 8:45 am]
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