[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32635-32636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-40]                         


[[Page 32635]]

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Part IV





Department of Defense





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Defense Acquisition Regulations System



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48 CFR Part 216, 217, 225, et al.



Defense Federal Acquisition Regulation Supplements; Proposed Rules and 
Rules


[[Page 32636]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AG60

 
Defense Acquisition Regulations System; Defense Federal 
Acquisition Regulation Supplement; Balance of Payments Program 
Exemption for Commercial Information Technology--Construction Material 
(DFARS Case 2009-D041)

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 the exemption from the 
Balance of Payments Program for construction material that is 
commercial information technology.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before August 9, 2010, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D041, 
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 2009-D041 in the subject 
line of the message.
    Fax: (703) 602-0350.
    Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, 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. Amy Williams, 703-602-0328.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD is proposing to amend the DFARS to implement in the clauses at 
252.225-7044, Balance of Payments Program--Construction Material, and 
252.225-7045, Balance of Payments Program--Construction Material under 
Trade Agreements, the exemption from the Balance of Payments Program 
for construction material that is commercial information technology. 
This exemption was added to the policy at DFARS 225.7501(a)(2)(vi) 
under FAR Case 2005-D011, to correspond to the exemption from the Buy 
American Act provided in annual appropriations acts since fiscal year 
2004, because the Balance of Payments Program is an extension of the 
requirements of the Buy American Act to supplies or construction 
material to be used overseas. However, although the policy stated that 
it could apply to supplies or construction material, it was only 
implemented with regard to acquisition of supplies. This rule proposes 
to make the Balance of Payments Program construction clauses consistent 
with the stated policy.
    This rule was 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 
does not impose economic burdens on contractors. The purpose and effect 
of this rule is to clarify the use of several terms. 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 2009-D041) in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) does not apply because 
the proposed rule contains no information collection requirements.

List of Subjects in 48 CFR Part 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR part 252 as follows:
    1. The authority citation for 48 CFR part 252 continues to read as 
follows:

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

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    2. Amend section 252.225-7044 by revising the clause date, 
redesignating paragraph (b)(2) as paragraph (b)(3), and adding new 
paragraph (b)(2) to read as follows:
    252.225-7044 Balance of Payments Program--Construction Material.
* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (DATE)

* * * * *
    (b) * * *
    (2) Information technology that is a commercial item; or
* * * * *
    3. Amend section 252.225-7045 by revising the clause date; 
redesignating paragraph (c)(2) as paragraph (c)(3); adding new 
paragraph (c)(2); revising the date of ALTERNATE I; redesignating 
paragraph (c)(2) of ALTERNATE I as paragraph (c)(3); and adding new 
paragraph (c)(2) to ALTERNATE I to read as follows:
    252.225-7045 Balance of Payments Program--Construction Material 
Under Trade Agreements.
* * * * *

BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE 
AGREEMENTS (DATE)

* * * * *
    (c) * * *
    (2) Information technology that is a commercial item; or
* * * * *
    ALTERNATE I (DATE). * * *
* * * * *
    (c) * * *
    (2) Information technology that is a commercial item; or
* * * * *
[FR Doc. 2010-13522 Filed 6-7-10; 8:45 am]
BILLING CODE 5001-08-P