[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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