[Federal Register: May 7, 2010 (Volume 75, Number 88)]
[Proposed Rules]               
[Page 25159-25160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my10-24]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 207

RIN 0750-AG45

 
Defense Federal Acquisition Regulation Supplement; Preservation 
of Tooling for Major Defense Acquisition Programs (DFARS Case 2008-
D042)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 815 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009. Section 
815 requires acquisition plans for major weapons systems to include a 
plan for the preservation and storage of special tooling associated 
with the production of hardware for major defense acquisition programs 
through the end of the service life of the related weapons system.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 6, 2010, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2008-D042, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2008-D042 in the 
subject line of the message.
     Fax: 703-602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Mary Overstreet, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule affects all contracts for major weapons that 
will require special tooling associated with the production of hardware 
for major

[[Page 25160]]

defense acquisition programs. The DFARS language requires acquisition 
plans for major weapons systems to include a plan for the preservation 
and storage of special tooling associated with the production of 
hardware for major defense acquisition programs through the end of the 
service life of the related weapons system. The plan shall include the 
identification of any contract clauses, facilities, and funding 
required for the preservation and storage of such tooling unless the 
Under Secretary of Defense (Acquisition, Technology, and Logistics) 
waives this requirement in the best interest of DoD.
    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 does not expect this rule to 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 this rule 
affects the internal operating procedures of the Government. Therefore, 
DoD has not performed an initial regulatory flexibility analysis. DoD 
invites comments from small business concerns and other interested 
parties on the expected impact of this rule on small entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2008-D042) in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not contain new 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 Part 207

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR part 207 as follows:

    1. The authority citation for 48 CFR part 207 continues to read as 
follows:

    Authority:  41 U.S.C. 421 and 48 CFR chapter 1.

PART 207--ACQUISITION PLANNING

Subpart 207.1 Acquisition Plans

    2. Add paragraph (S-73) to section 207.106 to read as follows:


207.106  Additional requirements for major systems.

* * * * *
    (S-73) In accordance with section 815 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and 
DoD policy requirements, acquisition plans for major weapons systems 
shall include a plan for the preservation and storage of special 
tooling associated with the production of hardware for major defense 
acquisition programs through the end of the service life of the related 
weapons system. The plan shall include the identification of any 
contract clauses, facilities, and funding required for the preservation 
and storage of such tooling. Section 815 also allows USD(AT&L) to waive 
this requirement if USD(AT&L) determines that it is in the best 
interest of DoD.

[FR Doc. 2010-10769 Filed 5-6-10; 8:45 am]
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