80426 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 

1The RFA, see 5 U.S.C. 601–612, has been 

amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA), Public 

Law 104–121, Title II, 110 Stat. 857 (1996). 

2 5 U.S.C. 605(b). 

3 5 U.S.C. 601(6). 

4 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in the Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such term which are appropriate to the activities of 

the agency and publishes such definition(s) in the 

Federal Register.’’ 

5 15 U.S.C. 632. Federal Register. 

6See 5 U.S.C. 605(b). 7See 5 U.S.C. 603(a). 

scientific basis for explaining the 

additional losses in the line of sight 

range above and beyond the free space 

loss and two-ray-loss. The Commission 

is requesting a detailed description of 

the methodological changes that would 

be offered for addressing these aspects 

of the model and how they would 

improve the model to better estimate 

digital television signal strengths at 

individual locations. Such additional 

submissions should also include 

computer software that implements 

these methodological changes, to the 

extent that it is available, for evaluation 

by our engineering staff. The 

Commission also requests comment and 

technical evaluations from interested 

parties on the changes Mr. Shumate 

proposes. In his submission in this 

proceeding, Mr. Shumate provides a 

brief description of a comparison of 

estimates generated using the current 

ILLR model and the ‘‘ITWOM’’ with the 

improvements he suggests. The 

Commission now requests additional 

information on this comparison and also 

the submission of additional data and 

information that provides comparative 

analysis of the two methods. Interested 

parties are also invited to submit 

additional proposals and suggestions for 

improving the digital ILLR model. The 

Commission is particularly interested in 

information on any other techniques for 

improving the degree to which the 

model accurately represents the 

propagation of a digital television signal 

from a transmitter to a specific receive 

site and any new data that may be 

available for improving the model’s 

predictions. 

A. Initial Regulatory Flexibility 

Certification. 

3. The Regulatory Flexibility Act of 

1980, as amended (RFA),1 requires that 

an initial regulatory flexibility analysis 

be prepared for notice and comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ 2 The RFA 

generally defines the term ‘‘small entity’’ 

as having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 3

In addition, the term ‘‘small business’’ 

has the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act.4 A ‘‘small business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA).5

4. The Commission is providing a 

plan for the model’s continued 

refinement by use of additional data as 

it may become available. Under that 

plan, refinements based on additional 

data may be proposed by referencing the 

docket of this proceeding, which will be 

held open indefinitely for this purpose. 

Consistent with this intention to refine 

the model as new information becomes 

available, the Commission is initiating 

this Further Notice of Proposed 

Rulemaking herein to request comment 

on possible modifications to the 

methodology in the digital Individual 

Location Longley-Rice (ILLR) model to 

improve its predictive accuracy as 

suggested by one of the parties 

responding to the Notice of Proposed 

Rulemaking, 75 FR 46885, August 4, 

2010, in this proceeding. The 

methodological changes to be addressed 

in the Further NPRM would change the 

manner in which our predictions are 

calculated but would not alter the 

administrative burden on any of the 

small business entities that would use 

or be affected by the predictive model. 

Therefore, the Commission does not 

expect these changes to have any 

economic impact on small entities. 

5. Therefore, we certify that the 

proposals in this Notice of Proposed 

Rulemaking, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. If 

commenters believe that the proposals 

discussed in the NPRM require 

additional RFA analysis, they should 

include a discussion of these issues in 

their comments and additionally label 

them as RFA comments. The 

Commission will send a copy of the 

NPRM, including a copy of this initial 

certification, to the Chief Counsel for 

Advocacy of the SBA.6

B. Paperwork Reduction Act Analysis: 

6. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘information 

collection burden for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Ordering Clauses 

7. Pursuant to sections 1, 4, 301, and 

339(c)(3) of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 154, 

301, 339(c)(3), and section 119(d)(10)(a) 

of the Copyright Act, 17 U.S.C. 

119(d)(10)(a), this further notice of 

proposed rulemaking is hereby adopted. 

8. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this further notice of proposed 

rulemaking, including the Initial 

Regulatory Flexibility Certification, and 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration. 

9. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A).7

10. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

this NPRM, including the IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the Regulatory Flexibility Act. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. 2010–32039 Filed 12–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 252 

[DFARS Case 2009–D043] 

Defense Federal Acquisition 

Regulation Supplement; Reporting of 

Government-Furnished Property 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 80427 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to revise and 

expand reporting requirements for 

Government-furnished property to 

include items uniquely and nonuniquely identified, and to clarify 

policy for contractor access to 

Government supply sources. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

February 22, 2011, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D043, 

using any of the following methods: 

o Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2009–D043’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2009–D043.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2009–D043’’ on your 

attached document. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D043 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. To 

confirm receipt of your comment(s), 

please check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, OUSD (AT&L) DPAP/ 

DARS, 3060 Defense Pentagon, Room 

3B855, Washington, DC 20301–3060. 

Telephone 703–602–0311; facsimile 

703–602–0350. Please cite DFARS Case 

2009–D043. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Current DFARS policy requires 

contractors to report to the DoD Item 

Unique Identification (IUID) Registry 

property that is classified as equipment, 

special tooling, and special test 

equipment items valued at $5,000 or 

more, and items valued at less than 

$5,000 when required in accordance 

with contract terms and conditions. In 

lieu of these dollar thresholds, reporting 

requirements are being revised and 

expanded to require contractors to 

report Government-furnished property 

(GFP) with existing unique item 

identification to the DoD IUID Registry; 

and all GFP without an existing unique 

item identification shall be reported to 

the DoD GFP Hub. 

The clause at 252.211–7007, 

Reporting of Government-Furnished 

Equipment in the DoD Item Unique 

Identification (IUID) Registry, is being 

renamed as ‘‘Reporting of GovernmentFurnished Property,’’ revised to expand 

definitions, and provide guidance on 

reporting of GFP to the DoD IUID 

Registry or the GFP Hub. This clause 

applies to commercial contracts that 

have GFP and reporting applicability, 

and is added to the list of solicitation 

provisions and contract clauses 

applicable to the acquisition of 

commercial items at 212.301. 

Additionally, the clause at 252.251– 

7000 is revised to require electronic 

receipts of property obtained from a 

Government supply source. 

B. Regulatory Flexibility Act 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The objective of the rule is to improve 

the accountability and control of DoD 

assets. This rule proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement to revise and expand 

reporting requirements for Governmentfurnished equipment to include GFP 

that is both uniquely and non-uniquely 

identified, and clarifies policy for 

contractor access to Government supply 

sources. The proposed clause requires 

contractors to identify and report 

Government-furnished property with 

existing unique item identification to 

the DoD IUID Registry; and all GFP 

without an existing unique item 

identification shall be reported to the 

DoD GFP Hub. At this time, DoD is 

unable to estimate the number of small 

entities to which this rule will apply. 

Therefore, 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–D043) 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) applies because the rule 

imposes information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. The 

information collection requirements 

under this proposed rule were formerly 

approved by the Office of Management 

and Budget, under clearance number 

0704–0246. The requirements of this 

proposed rule are expected to have only 

a marginal impact, and are not expected 

to change the overall burden hours 

approved under clearance number 

0704–0246. The rule removes the 

mandatory $5,000 unit acquisition cost 

dollar threshold for reporting. This does 

not significantly impact items valued at 

less than $5,000 in unit acquisition cost 

as they were also previously required to 

be reported if they were serially 

managed, mission essential, sensitive, or 

controlled inventory. While the 

proposed rule adds reporting of 

Government-furnished material and 

reparables, this additional requirement 

is expected to be offset by removal of 

the $5,000 mandatory reporting 

threshold. Interested parties are invited 

to provide comments on the potential 

impact. 

List of Subjects in 48 CFR Parts 211, 

212, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 211, 212, and 252 as follows: 

1. The authority citation for 48 CFR 

parts 211, 212, and 252, continues to 

read as follows: 

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

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

2. Amend section 211.274–2, by 

revising paragraph (b)(2)(ii) to read as 

follows: 

211.274–2 Policy for unique item 

identification. 

* * * * * 

(b)(2)(ii) The DoD Unique 

Identification Policy Office must receive 

a copy of the determination and 

findings required by paragraph (b)(2)(i) 

of this subsection. Send the copy to 

DPAP/Program Development and 

Implementation, Deputy Director, 3060 


srobinson on DSKHWCL6B1PROD with PROPOSALS
80428 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 

Defense Pentagon, 3B855, Washington, 

DC 20301–3060; or by facsimile to 703– 

602–6047. 

3. Revise section 211.274–4 to read as 

follows: 

211.274–4 Policy for reporting of 

Government-furnished property. 

(a) It is DoD policy that all 

Government-furnished property be 

recorded in the DoD Item Unique 

Identification (IUID) Registry or GFP 

Hub, as defined in the clause at 

252.211–7007, Reporting of 

Government-Furnished Property, as 

follows: 

(1) All property with an existing 

assigned Unique Item Identifier (UII) 

shall be reported to the DoD IUID 

Registry. 

(2) All property without an existing 

assigned UII shall be reported to the 

GFP Hub. 

(b) The following items are not 

required to be reported: 

(1) Contractor-acquired property as 

defined in FAR part 45; 

(2) Property under any statutory 

leasing authority; 

(3) Property to which the Government 

has acquired a lien or title solely 

because of partial, advance, progress, or 

performance-based payments; 

(4) Intellectual property or software; 

and 

(5) Real property. 

4. Revise section 211.274–6 to read as 

follows: 

211.274–6 Contract clauses. 

(a)(1) Use the clause at 252.211–7003, 

Item Identification and Valuation, in 

solicitations and contracts that— 

(i) Require item identification or 

valuation, or both, in accordance with 

211.274–2 and 211.274–3; or 

(ii) Are cost-reimbursement contracts 

that may result in the acquisition of 

contractor-acquired property (see FAR 

45.101). 

(2) Complete paragraph (c)(1)(ii) of the 

clause with the contract line, subline, or 

exhibit line item number and 

description of any item(s) below $5,000 

in unit acquisition cost for which DoD 

unique item identification or a DoDrecognized unique identification 

equivalent is required in accordance 

with 211.274–2(a)(2) or (3). 

(3) Complete paragraph (c)(1)(iii) of 

the clause with the applicable 

attachment number, when DoD unique 

item identification or a DoD-recognized 

unique identification equivalent is 

required in accordance with 211.274– 

2(a)(4) for DoD serially managed 

subassemblies, components, or parts 

embedded within deliverable items. 

(4) Use the clause with its Alternate 

I if— 

(i) An exception in 211.274–2(b) 

applies; or 

(ii) Items are to be delivered to the 

Government and none of the criteria for 

placing a unique item identification 

mark applies. 

(b) Use the clause at 252.211–7007, 

Reporting of Government-Furnished 

Property, in solicitations and contracts 

that contain the clause at— 

(1) FAR 52.245–1, Government 

Property; or 

(2) FAR 52.245–2, Government 

Property Installation Operation 

Services. 

(c) Use the clause at 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts 

that— 

(1) Contain the clause at 252.211– 

7003, Item Identification and Valuation; 

and 

(2) Require the contractor to mark 

major end items under the terms and 

conditions of the contract. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

5. Revise section 212.301 to read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) The following additional 

provisions and clauses apply to DoD 

solicitations and contracts for the 

acquisition of commercial items. If the 

offeror has completed the provisions 

listed in paragraph (f)(i) or (ii) of this 

section electronically as part of its 

annual representations and 

certifications at https://orca.bpn.gov, the 

contracting officer may consider this 

information instead of requiring the 

offeror to complete these provisions for 

a particular solicitation. 

(i) Use one of the following provisions 

as prescribed in part 225: 

(A) 252.225–7000, Buy American 

Act—Balance of Payments Program 

Certificate. 

(B) 252.225–7020, Trade Agreements 

Certificate. 

(C) 252.225–7035, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate. 

(ii) Use the provision at 252.212– 

7000, Offeror Representations and 

Certifications—Commercial Items, in all 

solicitations for commercial items 

exceeding the simplified acquisition 

threshold. If an exception to 10 U.S.C. 

2410i applies to a solicitation exceeding 

the simplified acquisition threshold (see 

225.7603), indicate on an addendum 

that ‘‘The certification in paragraph (b) 

of the provision at 252.212–7000 does 

not apply to this solicitation.’’ 

(iii) Use the clause at 252.212–7001, 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders Applicable to Defense 

Acquisitions of Commercial Items, in all 

solicitations and contracts for 

commercial items, completing 

paragraphs (a) and (b), as appropriate. 

(iv) Provisions and clauses prescribed 

elsewhere in DFARS as follows: 

(A) Use the provision at 252.209– 

7001, Disclosure of Ownership or 

Control by the Government of a 

Terrorist Country, as prescribed in 

209.104–70(a). 

(B) Use the clause at 252.211–7003, 

Item Identification and Valuation, as 

prescribed in 211.274–6. 

(C) Use the clause at 252.211–7006, 

Radio Frequency Identification, as 

prescribed in 211.275–3. 

(D) Use the clause at 252.211–7007, 

Reporting of Government-Furnished 

Property, as prescribed in DFARS 

211.274–6. 

(E) Use the provision at 252.225– 

7010, Commercial Derivative Military 

Article—Specialty Metals Compliance 

Certificate, as prescribed in 225.7003– 

5(b). 

(F) Use the clause at 252.225–7040, 

Contractor Personnel Authorized to 

Accompany U.S. Armed Forces 

Deployed Outside the United States, as 

prescribed in 225.7402–4. 

(G) Use the clause at 252.225–7043, 

Antiterrorism/Force Protection Policy 

for Defense Contractors Outside the 

United States, in solicitations and 

contracts that include the clause at 

252.225–7040. 

(H) Use the clause at 252.232–7009, 

Mandatory Payment by 

Governmentwide Commercial Purchase 

Card, as prescribed in 232.1110. 

(I) Use the clause at 252.232–7010, 

Levies on Contract Payments, as 

prescribed in 232.7102. 

(J) Use the clause at 252.232–7011, 

Payments in Support of Emergencies 

and Contingency Operations, as 

prescribed in 232.908. 

(K) Use the clause at 252.246–7003, 

Notification of Potential Safety Issues, 

as prescribed in 246.371. 

(L) Use the provision at 252.247– 

7026, Evaluation Preference for Use of 

Domestic Shipyards—Applicable to 

Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 

Noncontiguous Trade, as prescribed in 

247.574(e). 

(M) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, as 

prescribed in 247.574(f). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 80429 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

6. Revise section 252.211–7007 to 

read as follows: 

252.211–7007 Reporting of GovernmentFurnished Property. 

As prescribed in 211.274–6(b), use the 

following clause: 

Reporting of Government-Furnished 

Property (Date) 

(a) Definitions. As used in this clause— 

Acquisition cost, for Government-furnished 

property, means the amount identified in the 

contract, or in the absence of such 

identification, the item’s fair market value. 

Commercial and Government entity 

(CAGE) code means— 

(1) A code assigned by the Defense 

Logistics Information Service (DLIS) to 

identify a commercial or Government entity; 

or 

(2) A code assigned by a member of the 

North Atlantic Treaty Organization that DLIS 

records and maintains in the CAGE master 

file. This type of code is known as an 

‘‘NCAGE code.’’ 

Government-furnished property (GFP) 

means property in the possession of, or 

directly acquired by, the Government and 

subsequently furnished to the contractor for 

performance of a contract, including 

performance by subcontractors and at prime 

contractor alternate locations. Governmentfurnished property includes reparables, e.g., 

spares and property furnished for repair, 

maintenance, overhaul, or modification; and 

Government-furnished material that is 

requisitioned from Government supply 

sources without reimbursement by the 

contractor. 

GFP Hub means an automated data base for 

capturing records of Government-furnished 

property sent on a non-reimbursable basis to 

a contractor without a unique item identifier 

assigned. 

Item means a single hardware article or a 

single unit formed by a grouping of 

subassemblies, components, or constituent 

parts. 

IUID Registry means— 

(1) The authoritative source of Government 

unit acquisition cost for items with unique 

item identifiers acquired after January 1, 

2004, for unique item identifier pedigree data 

established at delivery, as defined by DFARS 

252.211–7003; 

(2) The master data source for Governmentfurnished property; and 

(3) An authoritative source for establishing 

the full cost of end-item equipment. 

National stock number (NSN) means a 13- 

digit stock number used to identify items of 

supply. It consists of a 4-digit Federal Supply 

Code and a 9-digit National Item 

Identification Number. 

Nomenclature means— 

(1) The combination of a Governmentassigned type designation and an approved 

item name; 

(2) Names assigned to kinds and groups of 

products; or 

(3) Formal designations assigned to 

products by customer or supplier (such as 

model number, or model type, design 

differentiation, specific design series or 

configuration). 

Part or identifying number (PIN) means the 

identifier assigned by the original design 

activity, or by the controlling nationally 

recognized standard, that uniquely identifies 

(relative to that design activity) a specific 

item. 

Serial number means an assigned 

designation that provides a means of 

identifying a specific individual item. 

Special test equipment means either single 

or multipurpose integrated test units 

engineered, designed, fabricated, or modified 

to accomplish special purpose testing in 

performing a contract. It consists of items or 

assemblies of equipment including 

foundations and similar improvements 

necessary for installing special test 

equipment, and standard or general purpose 

items or components that are interconnected 

and interdependent so as to become a new 

functional entity for special testing purposes. 

Special test equipment does not include 

material, special tooling, real property, or 

equipment items used for general testing 

purposes, or property that with relatively 

minor expense can be made suitable for 

general purpose use. 

Special tooling means jigs, dies, fixtures, 

molds, patterns, taps, gauges, and all 

components of these items, including 

foundations and similar improvements 

necessary for installing special tooling, and 

which are of such a specialized nature that 

without substantial modification or alteration 

their use is limited to the development or 

production of particular supplies or parts 

thereof or to the performance of particular 

services. Special tooling does not include 

material, special test equipment, real 

property, equipment, machine tools, or 

similar capital items. 

Supply condition code means a 

classification of materiel in terms of 

readiness for issue and use or to identify 

action underway to change the status of 

materiel. 

Supply condition code A—serviceable 

means new, used, repaired, or reconditioned 

materiel which is serviceable and issuable to 

all customers without limitation or 

restriction; includes materiel with more than 

6 months shelf life remaining. 

Supply condition code F—unserviceable 

(repairable) means economically reparable 

materiel which requires repair, overhaul, or 

reconditioning; includes reparable items 

which are radioactively contaminated. 

Supply condition code G—unserviceable 

(incomplete) means materiel requiring 

additional parts or components to complete 

the end item prior to issue. 

Supply condition code H—unserviceable 

(beyond repair) means materiel which has 

been determined to be unserviceable and 

does not meet repair criteria; includes 

condemned items which are radioactively 

contaminated. 

Supply condition code J—suspended 

(misidentified or misdirected to the facility) 

means materiel in stock which has been 

suspended from issue pending condition 

classification or analysis, where the true 

condition is not known. 

Type designation means a combination of 

letters and numbers arranged in a specific 

sequence to provide a short significant 

method of identification. 

Unique item identifier (UII) means a set of 

data elements permanently marked on an 

item that is globally unique and 

unambiguous and never changes, in order to 

provide traceability of the item throughout its 

total life cycle. The term includes a 

concatenated UII or a DoD recognized unique 

identification equivalent. 

Unit of issue means the physical 

measurement of count or quantity (such as 

each, dozen, gallon, or kilogram) in which an 

item is procured, stored, and released. 

(b) Requirement for reporting of 

Government-furnished property (GFP) to the 

DoD Item Unique Identification (IUID) 

Registry or GFP Hub. Except as provided in 

paragraph (c) of this clause, the contractor 

shall report to the DoD IUID Registry or the 

GFP Hub, as appropriate— 

(1) All GFP with an existing Unique Item 

Identifier (UII) assigned shall be reported to 

the DoD IUID Registry. 

(2) All GFP without an existing UII 

assigned shall be reported to the GFP Hub. 

(c) Exceptions. Paragraph (b) of this clause 

does not apply to— 

(1) Contractor-acquired property that has 

not been delivered to, and accepted by, the 

Government; 

(2) Property under any statutory leasing 

authority; 

(3) Property to which the Government has 

acquired a lien or title solely because of 

partial, advance, progress, or performancebased payments; 

(4) Intellectual property or software; or 

(5) Real property. 

(d) When required by contract terms and 

conditions, the contractor shall assign a UII 

to each item of GFP, including those items 

previously reported to the GFP Hub. Upon 

UII assignment and reporting, the contractor 

shall debit the property record from the GFP 

Hub. 

(e) Procedures for establishing UIIs. To 

permit reporting of virtual UIIs to the DoD 

IUID Registry, the Contractor’s property 

management system shall enable the 

following data elements in addition to those 

required by paragraphs (f)(1)(iii)(A)(1) 

through (3), (5), (7), (8), and (10) of the 

Government Property clause of this contract 

(FAR 52.245–1): 

(1) Parent UII. 

(2) UII as required by FAR 52.245– 

1(f)(1)(iii)(A)(4). 

(3) Received/sent (shipped) date as 

required by FAR 52.245–1(f)(1)(iii)(A)(9). 

(4) Category code, if applicable (‘‘ST’’ for 

special tooling, ‘‘STE’’ for special test 

equipment). 

(5) Supply condition code (‘‘A’’ for 

serviceable, ‘‘F’’ for unserviceable 

(repairable), ‘‘G’’ for unserviceable 

(incomplete), ‘‘H’’ for unserviceable (beyond 

repair), ‘‘J’’ suspended (misidentified or 

misdirected to the facility). 

(6) Accountable contract number (as 

required by FAR 52.245–1(f)(1)(iii)(A)(6)). 

(7) Commercial and Government Entity 

(CAGE) code on the accountable contract. 

(8) Mark record. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
80430 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 

(i) Bagged or tagged code (for items too 

small to individually tag or mark). 

(ii) Contents (the type of information 

recorded on the item, e.g., item internal 

control number). 

(iii) Effective date (date the mark is 

applied). 

(iv) Added or removed code/flag. 

(v) Marker code (designates which code is 

used in the marker identifier, e.g., D=CAGE, 

UN=DUNS, LD=DODAAC). 

(vi) Marker identifier, e.g., Contractor’s 

CAGE code or DUNS number. 

(vii) Medium code; how the data is 

recorded, e.g., barcode, contact memory 

button. 

(viii) Value, e.g., actual text or data string 

that is recorded in its human-readable form. 

(ix) Set (used to group marks when 

multiple sets exist). 

(f) Procedures for reporting of Governmentfurnished property to the IUID Registry or the 

GFP Hub. Except as provided in paragraph 

(c) of this clause— 

(1) GFP with a UII assigned—The 

Contractor shall establish and report to the 

IUID Registry the information required by 

FAR clause 52.245–1, paragraphs (e) and 

(f)(1)(iii), in accordance with the data 

submission procedures at http:// 

www.acq.osd.mil/dpap/pdi/uid/

data_submission_information.html. 

(2) GFP without a UII assigned—The 

Contractor shall submit the following 

information in accordance with the 

instructions at http://www.acq.osd.mil/dpap/ 

pdi/uid/data_submission_information.html. 

Common data elements include the 

following: 

(i) Description/nomenclature. 

(ii) Type designation, if assigned. 

(iii) NSN. 

(iv) PIN. 

(v) CAGE code of reporting contractor. 

(vi) Supply condition code per paragraph 

(e)(5) of this clause. 

(vii) Unit acquisition cost. 

(viii) Contract number. 

(ix) Quantity. 

(x) Unit of issue. 

(xi) Serial number, if assigned. 

(g) Procedures for updating the DoD IUID 

Registry. The Contractor shall update the 

DoD IUID Registry at 

https://www.bpn.gov/iuid for changes in 

status, mark, custody, condition code, or 

disposition of items— 

(1) Delivered or shipped from the 

Contractor’s plant, under Government 

instructions, except when shipment is to a 

subcontractor or other location of the 

Contractor; 

(2) Consumed or expended, reasonably and 

properly, or otherwise accounted for, in the 

performance of the contract as determined by 

the Government property administrator, 

including reasonable inventory adjustments; 

(3) Disposed of; or 

(4) Transferred to a follow-on or other 

contract. (End of clause) 

7. Amend section 252.251–7000 by 

removing ‘‘(NOV 2004)’’ and adding in 

its place ‘‘(XXX–XXXX)’’, revising 

introductory paragraph (c), and revising 

paragraphs (d) through (f) to read as 

follows: 

252.251–7000 Ordering From Government 

Supply Sources. 

* * * * * 

(c) When placing orders for Government 

stock [on a reimbursable basis], the 

Contractor shall— 

* * * 

(d) When placing orders for Government 

stock on a non-reimbursable basis, the 

Contractor shall— 

(1) Comply with the requirements of the 

Contracting Officer’s authorization. 

(2) When using electronic transactions to 

submit requisitions on a non-reimbursable 

basis only, orders shall be placed by 

authorizing contract number using the 

Defense Logistics Management System 

(DLMS) Supplement to Federal 

Implementation Convention 511R, 

Requisition; and receipts shall be 

acknowledged by authorizing contract 

number using the DLMS Supplement 527R, 

Receipt, Inquiry, Response and Material 

Receipt Acknowledgement. 

(e) Only the Contractor may request 

authorization for subcontractor use of 

Government supply sources. The Contracting 

Officer will not grant authorizations for 

subcontractor use without approval of the 

Contractor. 

(f) Government invoices shall be submitted 

to the Contractor’s billing address, and 

Contractor payments shall be sent to the 

Government remittance address specified 

below: 

Contractor’s Billing Address (include point 

of contact and telephone number): 

Government Remittance Address (include 

point of contact and telephone number): 

(End of clause) 

[FR Doc. 2010–32099 Filed 12–21–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 531 and 533 

[Docket No. NHTSA–2010–0175] 

Passenger Car and Light Truck 

Average Fuel Economy Standards 

Request for Product Plan 

Information—Model Years 2010–2025 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Request for comments. 

SUMMARY: The purpose of this request 

for comments is to acquire updated 

information regarding vehicle 

manufacturers’ future product plans to 

assist the agency in assessing what 

corporate average fuel economy (CAFE) 

standards should be established for 

passenger cars and light trucks 

manufactured in model years 2017 and 

beyond. NHTSA must establish CAFE 

standards pursuant to the Energy Policy 

and Conservation Act, Public Law 94– 

163, as amended by the Energy 

Independence and Security Act (EISA) 

of 2007, Public Law 110–140. This 

request is being issued in preparation 

for an upcoming Joint Notice of 

Proposed Rulemaking being undertaken 

by NHTSA and EPA regarding future 

CAFE and greenhouse gas (GHG) 

standards currently anticipated to be 

released by September 30, 2011. 

DATES: Comments must be received on 

or before February 22, 2011. 

ADDRESSES: You may submit comments 

[identified by Docket No. NHTSA– 

2010–0175] by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

Telephone: 1–800–647–5527. 

• Fax: 202–493–2251 

Instructions: All submissions must 

include the agency name and docket 

number for this proposed collection of 

information. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

www.dot.gov/privacy.html. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and follow the 

online instructions, or visit the Docket 

Management Facility at the street 

address listed above. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ken Katz, Fuel Economy Division, 

Office of International Policy, Fuel 

Economy and Consumer Programs, at 

(202) 366–0846, facsimile (202) 493– 

2290, electronic mail ken.katz@dot.gov. 


srobinson on DSKHWCL6B1PROD with PROPOSALS