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[Federal Register: August 10, 2010 (Volume 75, Number 153)]
[Rules and Regulations]               
[Page 48279-48280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au10-7]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[DFARS Case 2009-D024]

 
Defense Federal Acquisition Regulation Supplement; Reporting of 
Commercially Available Off-the-Shelf Items That Contain Specialty 
Metals--Deletion of Obsolete Clause

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

ACTION: Final rule.

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SUMMARY: DoD is issuing this final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) by deleting the requirement 
for contractors to report commercially available off-the-shelf items 
that contain foreign specialty metals and are incorporated into 
noncommercial end items.

DATES: Effective Date: August 10, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, 
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0328; 
facsimile 703-602-0350. Please cite DFARS Case 2009-D024.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule deletes DFARS clause 252.225-7029, Reporting of 
Commercially Available Off-the-Shelf Items that Contain Specialty 
Metals and are Incorporated into Noncommercial End Items. This 
requirement was incorporated in the DFARS to implement section 804, 
paragraph (i), of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181). Paragraph (i) requires the Government to 
report to Congress for fiscal years 2008 and 2009 on the use of the 
exception to the specialty metals restrictions of 10 U.S.C. 2533b for 
commercially available off-the-shelf items that are incorporated in 
noncommercial end items. In order to obtain information for this 
report, the DFARS clause 252.225-7029, Reporting of Commercially 
Available Off-the-Shelf Items that Contain Specialty Metals and are 
Incorporated into Noncommercial End Items, was added to the DFARS on 
July 29, 2009 (74 FR 37626). This requirement is now obsolete, because 
the reporting requirement does not extend beyond fiscal year 2009.

[[Page 48280]]

    DoD is issuing this rule as a final rule because this rule does not 
have a significant effect beyond the internal operating procedures of 
DoD and does not have a significant cost or administrative impact on 
contractors or offerors. Therefore, public comment is not required in 
accordance with 41 U.S.C. 418b(a).
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
rule will not have a significant economic impact upon a substantial 
number of small entities because this final rule does not constitute a 
significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR 
1.501, and did not require publication for public comment.

C. Paperwork Reduction Act

    This rule will eliminate 306,800 information collection hours 
currently approved under Office of Management and Budget Control Number 
0704-0459.

List of subjects in 48 CFR Parts 225 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

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

PART 225--FOREIGN ACQUISITION

225.7003-3  [Amended]

0
2. Section 225.7003-3 is amended by removing paragraph (b)(2)(iii).

225.7003-5  [Amended]

0
3. Section 225.7003-5 is amended by removing paragraph (c) and 
redesignating paragraphs (d) and (e) as paragraphs (c) and (d), 
respectively.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.225-7029  [Removed and Reserved]

0
4. Section 252.225-7029 is removed and reserved.

[FR Doc. 2010-19666 Filed 8-9-10; 8:45 am]
BILLING CODE 5001-08-P
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