[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]                         

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]

BILLING CODE 5001-08-P