Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67857

the National Defense Authorization Act 

for Fiscal Year 2004. Section 844 

eliminated the requirement for a 

contractor to furnish written assurance 

that technical data delivered to the 

Government is complete and accurate 

and satisfies the requirements of the 

contract.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D104.

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 69 

FR 31911 on June 8, 2004, to implement 

Section 844 of the National Defense 

Authorization Act for Fiscal Year 2004 

(Public Law 108–136). Section 844 

amended 10 U.S.C. 2320(b) to eliminate 

the requirement for contractors to 

furnish written assurance that delivered 

technical data is complete and accurate 

and satisfies the requirements of the 

contract. The interim rule removed the 

clause at DFARS 252.227–7036, 

Declaration of Technical Data 

Conformity, which implemented the 

previous statutory requirement. Three 

respondents submitted comments on the 

interim rule. All respondents supported 

the rule. One respondent also 

recommended that the change be made 

retroactive to reduce paperwork 

requirements for contracts currently in 

effect. DoD has made no change to the 

rule as a result of this comment. The 

interim rule became effective upon 

publication, on June 8, 2004. Consistent 

with FAR 1.108(d), the rule applies to 

solicitations issued on or after the 

effective date, but contracting officers 

may, at their discretion, apply the 

change to any existing contract with 

appropriate consideration. 

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 elimination of the requirement 

for a contractor to provide written 

assurance of technical data conformity 

does not diminish the contractor’s 

obligation to provide technical data that 

is complete and accurate and in 

compliance with contract requirements. 

C. Paperwork Reduction Act 

The information collection 

requirements of the clause at DFARS 

252.227–7036, Declaration of Technical 

Data Conformity, were previously 

approved by the Office of Management 

and Budget under Control Number 

0704–0369. Elimination of the clause 

has reduced estimated annual public 

reporting burden by 126,886 hours 

(estimated 507,545 declarations 

annually at .25 hours per declaration).

List of Subjects in 48 CFR Parts 227 and 

252

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, the interim rule 

amending 48 CFR Parts 227 and 252, 

which was published at 69 FR 31911 on 

June 8, 2004, is adopted as a final rule 

without change.

[FR Doc. 04–25823 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 235 

[DFARS Case 2003–D058] 

Defense Federal Acquisition 

Regulation Supplement; Removal of 

Obsolete Research and Development 

Contracting Procedures

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete obsolete procedures 

for research and development 

contracting. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Thaddeus Godlewski, Defense 

Acquisition Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–2022; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D058.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

rule deletes DFARS Subpart 235.70, 

Research and Development Streamlined 

Contracting Procedures. This subpart 

contains procedures for acquiring 

research and development using a 

standard solicitation and contract 

format and the capabilities of the World 

Wide Web. These procedures have 

become obsolete, due to further 

advances in technology since their 

creation. 

DoD published a proposed rule at 69 

FR 8157 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed 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 deletes research and 

development contracting procedures 

that are no longer in use. 

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.

67858 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

List of Subjects in 48 CFR Part 235 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Part 235 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

Part 235 continues to read as follows:

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

Chapter 1.

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING

Subpart 235.70—[Removed]

■ 2. Subpart 235.70 is removed.

[FR Doc. 04–25824 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 251 and 252 

[DFARS Case 2003–D045] 

Defense Federal Acquisition 

Regulation Supplement; Contractor 

Use of Government Supply Sources

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

contractor use of Government supply 

sources. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Steven Cohen, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0293; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D045.

SUPPLEMENTARY INFORMATION:

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

• Deletion of text at DFARS 251.102 

containing procedures for authorizing a 

contractor to use Government supply 

sources. Text on this subject has been 

relocated to the new DFARS companion 

resource, Procedures, Guidance, and 

Information (PGI), available at http://

www.acq.osd.mil/dpap/dars/pgi.

• Deletion of text at DFARS 251.105 

regarding contractor payment for 

purchases from Government supply 

sources. This subject is addressed in the 

clause at DFARS 252.251–7000 as 

amended by this rule. 

DoD published a proposed rule at 69 

FR 8159 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed 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 DFARS changes address 

procedural matters that apply only 

when a contractor is authorized to use 

Government supply sources. 

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 251 and 

252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Parts 251 and 252 

are amended as follows:

■ 1. The authority citation for 48 CFR 

Parts 251 and 252 continues to read as 

follows:

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

Chapter 1.

PART 251—USE OF GOVERNMENT 

SOURCES BY CONTRACTORS

■ 2. Section 251.102 is revised to read as 

follows:

251.102 Authorization to use Government 

supply sources. 

(e) When authorizing contractor use of 

Government supply sources, follow the 

procedures at PGI 251.102. 

(3)(ii) The contracting officer may also 

authorize the contractor to use the DD 

Form 1155 when requisitioning from the 

Department of Veterans Affairs. 

(f) The authorizing agency is also 

responsible for promptly considering 

requests of the DoD supply source for 

authority to refuse to honor requisitions 

from a contractor that is indebted to 

DoD and has failed to pay proper 

invoices in a timely manner.

251.105 [Removed]

■ 3. Section 251.105 is removed.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

■ 4. Section 252.251–7000 is amended as 

follows:

■ a. By revising the clause date to read 

‘‘(NOV 2004)’’;

■ b. In paragraph (c)(4) by revising the 

second sentence; and

■ c. In paragraph (c)(4) by adding a new 

sentence after the second sentence. The 

revised and added text reads as follows:

252.251–7000 Ordering from government 

supply sources.

* * * * *

(c) * * * 

(4) * * * For purchases made from 

DoD supply sources, this means within 

30 days of the date of a proper invoice. 

The Contractor shall annotate each 

invoice with the date of receipt. * * *

* * * * *

[FR Doc. 04–25826 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

49 CFR Parts 222 and 229

[Docket No. FRA–1999–6439, Notice No. 13] 

RIN 2130–AA71

Use of Locomotive Horns at HighwayRail Grade Crossings

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT).