[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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