[Federal Register: December 8, 2010 (Volume 75, Number 235)]
[Notices]               
[Page 76446-76447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de10-69]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

 
Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in 
the United Kingdom

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

[[Page 76447]]


ACTION: Notice of waiver of 10 U.S.C. 2534 for certain defense items 
produced in the United Kingdom.

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SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain 
defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 
limits DoD procurement of certain items to sources in the national 
technology and industrial base. The waiver will permit procurement of 
enumerated items from sources in the UK, unless otherwise restricted by 
statute.

DATES: Effective Date: This waiver is effective for one year, beginning 
December 23, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Grover, OUSD (AT&L), 
Office of the Director of Defense Procurement and Acquisition Policy, 
Contract Policy and International Contracting, Room 5E621, 3060 Defense 
Pentagon, Washington, DC 20301-3060, telephone (703) 697-9352.

SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides 
that the Secretary of Defense may procure the items listed in that 
subsection only if the manufacturer of the item is part of the national 
technology and industrial base. Subsection (i) of 10 U.S.C. 2534 
authorizes the Secretary of Defense to exercise the waiver authority in 
subsection (d), on the basis of the applicability of paragraph (2) or 
(3) of that subsection, only if the waiver is made for a particular 
item listed in subsection (a) and for a particular foreign country. 
Subsection (d) authorizes a waiver if the Secretary determines that 
application of the limitation ``would impede the reciprocal procurement 
of defense items under a memorandum of understanding providing for 
reciprocal procurement of defense items'' and if he determines that 
``that country does not discriminate against defense items produced in 
the United States to a greater degree than the United States 
discriminates against defense items produced in that country.'' The 
Secretary of Defense has delegated the waiver authority of 10 U.S.C. 
2534(d) to the Under Secretary of Defense (Acquisition, Technology, and 
Logistics).
    DoD has had a Reciprocal Defense Procurement Memorandum of 
Understanding (MOU) with the UK since 1975, most recently renewed on 
December 16, 2004.
    The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) finds that the UK does not discriminate against defense 
items produced in the United States to a greater degree than the United 
States discriminates against defense items produced in the UK, and also 
finds that application of the limitation in 10 U.S.C. 2534 against 
defense items produced in the UK would impede the reciprocal 
procurement of defense items under the MOU.
    Under the authority of 10 U.S.C. 2534, the Under Secretary of 
Defense (Acquisition, Technology, and Logistics) has determined that 
application of the limitation of 10 U.S.C. 2534(a) to the procurement 
of any defense item produced in the UK that is listed below would 
impede the reciprocal procurement of defense items under the MOU with 
the UK.
    On the basis of the foregoing, the Under Secretary of Defense 
(Acquisition, Technology, and Logistics) is waiving the limitation in 
10 U.S.C. 2534(a) for procurements of any defense item listed below 
that is produced in the UK. This waiver applies only to the limitations 
in 10 U.S.C. 2534(a). It does not apply to any other limitation. This 
waiver applies to procurements under solicitations issued during the 
period from December 23, 2010 to December 22, 2011. Similar waivers 
have been granted since 1998, most recently in 2009 (74 FR 65763) on 
December 11, 2009.

List of Items To Which This Waiver Applies

    1. Air circuit breakers.
    2. Welded shipboard anchor and mooring chain with a diameter of 
four inches or less.
    3. Gyrocompasses.
    4. Electronic navigation chart systems.
    5. Steering controls.
    6. Pumps.
    7. Propulsion and machinery control systems.
    8. Totally enclosed lifeboats.

Clare Zebrowski,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2010-30671 Filed 12-7-10; 8:45 am]
BILLING CODE 5001-08-P