[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Rules and Regulations]
[Page 46817-46818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au08-10]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 217, and 246
RIN 0750-AF86
Defense Federal Acquisition Regulation Supplement; Ship Critical
Safety Items (DFARS Case 2007-D016)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 130 of the National Defense Authorization Act for
Fiscal Year 2007. Section 130 requires DoD to establish a quality
control policy for the procurement, modification, repair, and overhaul
of ship critical safety items.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062
[[Page 46818]]
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302;
facsimile 703-602-7887. Please cite DFARS Case 2007-D016.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 73 FR 1826 on January 10, 2008, to
implement Section 130 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364). Section 130 requires DoD to
prescribe in regulations a quality control policy for the procurement
of ship critical safety items and the modification, repair, and
overhaul of those items. The interim rule amended DFARS 209.270-1
through 209.270-4 and related text to address quality control of ship
critical safety items.
DoD received one comment on the interim rule. The respondent stated
that DoD contracting personnel have misinterpreted the term
``certificate of conformance,'' as used in DFARS 246.504 with regard to
limitation on its use, to mean a manufacturer's certificate that its
products conform to quality requirements. This misinterpretation has
led buying office quality representatives to take a position that
products presented for inspection at source, or ``origin,'' are not
acceptable if presented with a corresponding manufacturer's certificate
of conformance (to its quality requirements). The intent of the DFARS
term is to refer to approval given under the clause at FAR 52.246-15,
Certificate of Conformance, which enables a DoD quality assurance
specialist to allow a contractor to ship items without inspection under
certain circumstances. Therefore, the respondent recommended that DFARS
246.504 be clarified by adding a reference to the clause at FAR 52.246-
15.
DoD does not believe the clarification is necessary. The text at
DFARS 246.504 must be read in conjunction with the corresponding text
at FAR 46.504, which specifies the appropriate conditions for use of a
certificate of conformance and includes a reference to the prescription
for the clause at FAR 52.246-15. Therefore, DoD has adopted the interim
rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule primarily relates to internal DoD responsibilities for
ensuring quality control of ship critical safety items. In addition,
the Navy already has implemented stringent quality control programs
with regard to ship critical safety items.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 209, 217, and 246
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 209, 217, and
246, which was published at 73 FR 1826 on January 10, 2008, is adopted
as a final rule without change.
[FR Doc. E8-18510 Filed 8-11-08; 8:45 am]
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