51416 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations 

(ii) An economic downturn, the 

occurrence of a natural disaster, or 

similar events in the service area that 

severely restrict or reduce sources of 

local funding support; or 

(iii) The unexpected discontinuation 

of local support from one or more 

sources that a project has relied on for 

a period of years. 

* * * * * 

Dated: August 13, 2010. 

Tom Bryant, 

Associate General Counsel. 

[FR Doc. 2010–20525 Filed 8–19–10; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 212, and 234 

[DFARS Case 2008–D011] 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Commercial Items 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, the interim rule that 

amended the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections 805 and 

815 of the National Defense 

Authorization Act for Fiscal Year 2008. 

This rule specified when time-andmaterials or labor-hour contracts may be 

used for the acquisition of commercial 

items, and revised the language to 

address the conditions under which 

major weapon systems or subsystems 

may be treated as commercial items. 

DATES: Effective Date: August 20, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cassandra R. Freeman, Defense 

Acquisition Regulations System, OUSD 

(AT&L) DPAP/DARS, 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20301–3060. Telephone 703–602–8383; 

facsimile 703–602–0350. Please cite 

DFARS Case 2008–D011. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 74 

FR 34263 on July 15, 2009, to 

implement sections 805 and 815 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year 2008 (Pub. L. 

110–181). A correction to the interim 

rule was published at 74 FR 35825 on 

July 21, 2009, to clarify the types of 

services to which this rule applies, 

consistent with subsections (c)(1)(A) 

and (c)(1)(C)(i) of section 805 of the 

NDAA for Fiscal Year 2008. Section 805 

specified when time-and-materials or 

labor-hour contracts may be used for 

commercial item acquisitions. Section 

815 of the NDAA for Fiscal Year 2008 

provided clarification regarding 

situations under which the procurement 

of a major weapon system, subsystems 

of major weapon systems, and 

components and spare parts for major 

weapon systems, may be acquired using 

procedures established for the 

acquisition of commercial items. 

Section 815 also clarified that the terms 

‘‘general public’’ and ‘‘non-governmental 

entities’’ with regard to sales of 

commercial items, do not include the 

Federal Government or a State, local, or 

foreign government. 

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 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 reinforces existing 

requirements for the appropriate use of 

commercial acquisition procedures and 

for ensuring that contract prices are fair 

and reasonable. 

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 202, 

212, and 234 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

published at 74 FR 34263 on July 15, 

2009, as corrected at 75 FR 35825 on 

July 21, 2009, is adopted as final 

without change. 

[FR Doc. 2010–20436 Filed 8–19–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 247 and 252 

Defense Federal Acquisition 

Regulation Supplement; 

Transportation (DFARS Case 2003– 

D028) 

AGENCY: Defense Acquisition 

Regulations System. Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule, 

with changes, amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to update text on 

transportation matters relating to DoD 

contracts. 

DATES: Effective Date: August 20, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, Defense Acquisition 

Regulations System, 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 2003–D028. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In keeping with the DFARS 

Transformation initiative objective of 

improving the efficiency and 

effectiveness of the acquisition process, 

while allowing the acquisition 

workforce the flexibility to innovate, 

DoD issued a proposed rule at 70 FR 

43109 on July 26, 2005, to update text 

on transportation matters relating to 

DoD contracts, including clarifying 

certain shipping procedures and 

offering additional guidance on their 

use. 

This final rule is a result of the 

DFARS Transformation initiative. The 

changes to the final rule— 

Æ Delete text on transportation 

matters that are sufficiently addressed 

in the Federal Acquisition Regulation or 

in DoD transportation regulations; 

Æ Clarify requirements for inclusion 

of shipping instructions in solicitations 

and contracts; and 

Æ Delete procedures for contracting 

for the preparation of property for 

shipment or storage; and for preparation 

of consignment instructions. Text on 

these subjects will be relocated to the 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI). Additional information on PGI is 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. 


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