25160 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

defense acquisition programs. The 

DFARS language requires acquisition 

plans for major weapons systems to 

include a plan for the preservation and 

storage of special tooling associated 

with the production of hardware for 

major defense acquisition programs 

through the end of the service life of the 

related weapons system. The plan shall 

include the identification of any 

contract clauses, facilities, and funding 

required for the preservation and storage 

of such tooling unless the Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics) waives this 

requirement in the best interest of DoD. 

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 does not expect this rule to 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 this rule affects the internal 

operating procedures of the 

Government. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. 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 2008–D042) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed rule 

does not contain new 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 Part 207 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR part 207 as follows: 

1. The authority citation for 48 CFR 

part 207 continues to read as follows: 

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

chapter 1. 

PART 207—ACQUISITION PLANNING 

Subpart 207.1 Acquisition Plans 

2. Add paragraph (S–73) to section 

207.106 to read as follows: 

207.106 Additional requirements for major 

systems. 

* * * * * 

(S–73) In accordance with section 815 

of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417) and DoD policy 

requirements, acquisition plans for 

major weapons systems shall include a 

plan for the preservation and storage of 

special tooling associated with the 

production of hardware for major 

defense acquisition programs through 

the end of the service life of the related 

weapons system. The plan shall include 

the identification of any contract 

clauses, facilities, and funding required 

for the preservation and storage of such 

tooling. Section 815 also allows 

USD(AT&L) to waive this requirement if 

USD(AT&L) determines that it is in the 

best interest of DoD. 

[FR Doc. 2010–10769 Filed 5–6–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211 and 252 

Defense Federal Acquisition 

Regulation Supplement; Marking of 

Government-Furnished Property 

(DFARS Case 2008–D050) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is issuing a proposed 

rule to require contractors to tag, label, 

or mark items of Government-furnished 

property identified in the contract when 

the Government-furnished material and 

Government-furnished property are 

subject to serialized item management. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before July 

6, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D050, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D050 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, 703–602–0311. 

SUPPLEMENTARY INFORMATION: 

A. Background 

It is DoD policy to uniquely mark, 

identify, and track Government property 

through the use of unique identifiers. 

Unique identifiers allow DoD to track 

and trace property items throughout 

their lifecycle (in acquisition and 

logistics business processes and 

systems) in an integrated approach 

across the Department of Defense, 

Federal and state agencies, nongovernmental organizations, and 

domestic and foreign persons and 

organizations to provide national level 

traceability. 

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. The proposed clause requires 

contractors who are provided 

Government-furnished property to tag, 

label, or mark the items of Governmentfurnished property identified in the 

contract when the requiring activity 

determines that such items are subject 

to serialized item management (seriallymanaged items). At this time, DoD is 

unable to estimate the number of small 

entities to which this rule will apply. 

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 2008–D050) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25161 

rule does not impose additional 

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 211 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 211 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 211 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.274–5 [Redesignated as 211.274–6] 

2. Redesignate section 211.274–5 as 

211.274–6. 

3. Add section 211.274–5 to read as 

follows: 

211.274–5 Policy for tagging, labeling, or 

marking of Government-furnished property. 

(a) It is DoD policy that the 

appropriate tagging, labeling, or 

permanent marking of Governmentfurnished property, based on DoD 

marking standards (MIL Standard 130) 

or other standards, be required for 

Government-furnished property items 

where the requiring activity determines 

that such items are subject to serialized 

item management (serially-managed 

items). 

(b) Exceptions. The contractor will 

not be required to tag, label, or mark 

Government-furnished property if such 

items were previously tagged, labeled, 

or marked. 

3. In newly redesignated 211.274–6, 

add paragraph (c) to read as follows: 

211.274–6 Contract clauses. 

* * * * * 

(c) Use the clause at 252.211–70YY, 

Tagging, Labeling, and Marking 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. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

4. Add section 252.211–70YY to read 

as follows: 

252.211–70YY Tagging, Labeling, and 

Marking of Government-furnished Property. 

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

following clause: 

TAGGING, LABELING, AND MARKING OF 

GOVERNMENT–FURNISHED PROPERTY 

(DATE) 

(a) Definitions. As used in this clause— 

Government-furnished property 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. 

Serially-managed item means an item 

designated by DoD to be uniquely tracked, 

controlled, or managed in maintenance, 

repair, and/or supply systems by means of its 

serial number. 

(b) The Contractor shall tag, label, or mark 

Government-furnished property items 

identified in the contract when the requiring 

activity determines that such items are 

subject to serialized item management 

(serially-managed items). 

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

does not apply to— 

(1) Government-furnished property that 

was previously marked; 

(2) Contractor-acquired property; 

(3) Property under any statutory leasing 

authority; 

(4) Property to which the Government has 

acquired a lien or title solely because of 

partial, advance, progress, or performancebased payments; 

(5) Intellectual property or software; or 

(6) Real property. 

(End of clause) 

[FR Doc. 2010–10763 Filed 5–6–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[DFARS Case 2007–D003] 

48 CFR Parts 212, 227, and 252 

RIN 0750–AF84 

Defense Federal Acquisition 

Regulation Supplement; Presumption 

of Development at Private Expense 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 802(b) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2007 and section 815(a)(2) of 

the NDAA for FY 2008. This proposed 

rule implements special requirements 

and procedures related to the validation 

of a contractor’s or subcontractor’s 

asserted restrictions on technical data 

and computer software. 

DATES: Comments on the proposed rule 

should be submitted to the address 

shown below on or before July 6, 2010, 

to be considered in the formulation of 

the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2007–D003, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2007–D003 in the subject 

line of the message. 

• Fax: 703–602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP(DARS), 

3060 Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

All comments received will be posted 

generally without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 802(b) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2007 (Pub. L. 109–364) 

modified 10 U.S.C. 2321(f) with regard 

to the presumption of development at 

private expense for major systems; and 

section 815(a)(2) of the NDAA for FY 

2008 (Pub. L. 110–181) revised 10 

U.S.C. 2321(f)(2) to exempt 

commercially available off-the-shelf 

items from the requirements that section 

802(b) had established for major 

systems. This proposed rule implements 

special requirements and procedures 

related to the validation of a contractor’s 

or subcontractor’s asserted restrictions 

on technical data and computer 

software. More specifically, the 

proposed rule affects these validation 

procedures in the context of two special 

categories of items: Commercial items, 

(including commercially available offthe-shelf items); and major systems 

(including subsystems and components 

of major systems). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS