Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 35921 

If ongoing responsibility for medicals 

was imposed, demonstrated or accepted 

from the date of ‘‘settlement’’ through 

the life of the beneficiary or life of the 

injury, we may review and approve a 

proposed amount to be paid as an 

upfront lump sum payment for the full 

amount of the calculated cost for all 

related future medical care. This option 

would generally apply in workers’ 

compensation, no-fault insurance 

situations or when life-time medicals 

are imposed by law. In effect, this 

option may be used in place of 

administering a MSA if we have 

reviewed and approved a proposed 

MSA amount. We solicit comment on 

how to develop this process, the efficacy 

of it, and whether it would be utilized. 

b. If Ongoing Responsibility for 

Medicals was Not Imposed, 

Demonstrated or Accepted. 

If a beneficiary obtains a ‘‘settlement,’’ 

our general rule stated previously 

applies to the ‘‘settlement,’’ and ongoing 

responsibility for medicals has not been 

imposed on, demonstrated by or 

accepted by the defendant, the 

beneficiary may elect to make an 

upfront payment to Medicare in the 

amount of a specified percentage of 

‘‘beneficiary proceeds.’’ This option 

would most often apply in liability 

insurance (including self-insurance 

situations, primarily due to policy caps. 

For the purposes of this option, the term 

‘‘beneficiary proceeds’’ would be 

calculated by subtracting from the total 

‘‘settlement’’ amount attorney fees and 

procurement costs borne by the 

beneficiary, Medicare’s demand amount 

(for conditional payments made by 

Medicare), and certain additional 

medical expenses the beneficiary paid 

out of pocket. Such additional medical 

expenses are specifically limited to 

items and services listed in 26 U.S.C. 

213(d)(1)(A) through (C) and 26 U.S.C. 

213(d)(2). The calculation of beneficiary 

proceeds does not include medical 

expenses paid by, or that are the 

responsibility of, a source other than the 

beneficiary. We specifically solicit 

comment on how to develop this 

process, its efficacy, and whether it 

would be utilized. We further request 

comment on the calculation of 

beneficiary proceeds, the appropriate 

percentage(s) to be used, and how the 

percentage(s) is/are justified. 

Option 7. The Beneficiary Obtains a 

Compromise or Waiver of Recovery. 

If the beneficiary obtains either a 

compromise or a waiver of recovery, 

Medicare would have the discretion to 

not pursue future medicals related to 

the specific ‘‘settlement’’ where the 

compromise or waiver of recovery was 

granted. If the beneficiary obtains 

additional ‘‘settlements,’’ Medicare 

would review the conditional payments 

it made and adjust its claim for past and 

future medicals accordingly. We 

specifically solicit comment on whether 

this approach is practical and usable, as 

it relates to ‘‘future medicals.’’ 

Again, we also solicit comment on 

additional options we may consider in 

order to provide workable solutions for 

beneficiaries with respect to resolving 

‘‘future medicals’’ obligations. 

IV. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

V. Response to Comments 

Because of the large number of public 

comments we normally receive on 

Federal Register documents, we are not 

able to acknowledge or respond to them 

individually. We will consider all 

comments we receive by the date and 

time specified in the DATES section of 

this preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: April 24, 2012. 

Marilyn Tavenner, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

Approved: May 8, 2012. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2012–14678 Filed 6–14–12; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, 218, 246, 252 

and Appendix F to Chapter 2 

RIN 0750–AH64 

Defense Federal Acquisition 

Regulation Supplement: Item Unique 

Identifier Update (DFARS Case 2011– 

D055) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update and clarify requirements for 

unique identification and valuation of 

items delivered under DoD contracts. 

The proposed rule revises the applicable 

prescription and contract clause to 

reflect the current requirements. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before August 14, 2012, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D055, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2011–D055’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D055.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D055’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D055 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Dustin 

Pitsch, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

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 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: Mr. 

Dustin Pitsch, telephone 571–372–6090. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The contract clause at DFARS 

252.211–7003, Item Identification and 

Valuation, requires unique 

identification for all delivered items for 

which the Government’s unit 

acquisition cost is $5,000 or more and 

for other items designated by the 

Government. In addition, the clause 

requires identification of the 

Government’s unit acquisition cost for 

all delivered items, and provides 


srobinson on DSK4SPTVN1PROD with PROPOSALS
35922 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 

instructions to contractors regarding the 

identification and valuation processes. 

This proposed rule revises the 

prescription and the clause at DFARS 

252.211–7003 to update and clarify 

instructions for the identification and 

valuation processes. The changes 

include— 

• Adding definitions for data matrix 

and type designation; 

• Specifically addressing item unique 

identification requirements for items 

with warranty requirements; DoD 

serially managed items, and special 

tooling or special test equipment; 

• Clarifying of data submission 

requirements for a Major Defense 

Acquisition Program; and, 

• Adding an alternative data 

submission method using either hard 

copy or a wide-area-workflow 

attachment. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

DoD does not expect this proposed 

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 the changes being made 

do not increase the burden of the item 

unique identification requirements, nor 

do they cause the requirement to be 

applicable to any additional small 

businesses. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

The proposed changes are being made 

to refine the language of the regulations 

and update the clause and prescription 

to comply with existing item unique 

identification policy. This DFARS case 

also adds reporting requirements for 

special tooling and special test 

equipment, warranty, and type 

designation, updates text to describe the 

reason for the policy, clears up language 

that has been confusing in practice, and 

adds an alternative method of data 

submission using either hard copy or a 

wide-area-workflow attachment. It also 

eliminates Alternate I of DFARS 

252.211–7003, which cites reporting 

requirements covered by other 

mechanisms. 

This rule will apply to small 

businesses involved in manufacturing. 

There are currently 1,495 small 

businesses registered in the Item Unique 

Identification Registry, out of 2,431 total 

companies registered. The changes 

made by this rule will not affect the 

number of businesses required to be 

registered in the Item Unique 

Identification Registry. 

This rule does not add any new 

information collection requirements as 

it only clarifies existing requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

No alternatives were determined that 

will accomplish the objectives of the 

rule. 

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 2011–D055), in 

correspondence. 

IV. Paperwork Reduction Act 

This rule does not add any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35) beyond those already 

covered by OMB Control Numbers 

0704–0246 and 0704–0248. OMB 

Control Number 0704–0246, titled 

‘‘Defense Federal Acquisition 

Regulations Supplement (DFARS) Part 

245, Government Property, related 

clauses in DFARS 252, and related 

forms in DFARS 253,’’ which includes 

information collection requirements for 

DFARS subpart 211.274. OMB Control 

Number 0704–0248, titled ‘‘Defense 

Federal Acquisition Regulations 

Supplement (DFARS) Appendix F, 

Material Inspection and Receiving 

Report and related forms,’’ which covers 

all information submitted through the 

Wide Area Workflow system. 

List of Subjects in 48 CFR Parts 211, 

212, 218, 246, 252 and Appendix F 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore 48 CFR parts 211, 212, 218, 

246, 252, and Appendix F are amended 

as follows: 

1. The authority citation for 48 CFR 

parts 211, 218, and 246 is revised to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

2. The section heading for section 

211.274 is revised to read as follows: 

211.274 Item unique identification and 

valuation requirements. 

3. Revise section 211.274–1 to read as 

follows: 

211.274–1 General. 

Item unique identification and 

valuation is a system of marking, 

valuing, and tracking items delivered to 

DoD that enhances logistics, contracting, 

and financial business transactions 

supporting the United States and 

coalition troops. Through item unique 

identification policy, which capitalizes 

on leading practices and embraces open 

standards, DoD— 

(a) Achieves lower life-cycle cost of 

item management and improve lifecycle property management; 

(b) Improves operational readiness; 

(c) Provides reliable accountability of 

property and asset visibility throughout 

the life cycle; 

(d) Reduces the burden on the 

workforce through increased 

productivity and efficiency; and 

(e) Ensures item level traceability 

throughout lifecycle to strengthen 

supply chain integrity, enhance cyber 

security and combat counterfeiting. 

4. Section 211.274–2 is amended by— 

a. Revising the section heading; 

b. Revising paragraph (a); 

c. Revising paragraph (b) introductory 

text; 

d. Revising paragraph (b)(2) 

introductory text; and 

e. Revising paragraph (b)(2)(ii). 

The revisions read as follows: 

211.274–2 Policy for item unique 

identification. 

(a) It is DoD policy that DoD item 

unique identification, or a DoD 

recognized unique identification 

equivalent, is required for all delivered 

items, including items of contractoracquired property delivered on contract 


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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 35923 

line items (see PGI 245.402–71 for 

guidance when delivery of contractor 

acquired property is required)— 

(1) For which the Government’s unit 

acquisition cost is $5,000 or more; 

(2) For which the Government’s unit 

acquisition cost is less than $5,000, 

when identified by the requiring activity 

as serially managed; 

(3) For mission essential, controlled 

inventory, or other items when the 

Government’s unit acquisition cost is 

less than $5,000, and the requiring 

activity determines that permanent 

identification is required; or 

(4) Regardless of value for any— 

(i) DoD serially managed 

subassembly, component, or part 

embedded within a subassembly, 

component, or part; 

(ii) Parent item (as defined in 

252.211–7003(a)) that contains the 

embedded subassembly, component, or 

part; 

(iii) Warranted serialized item; 

(iv) Item of special tooling or special 

test equipment as defined at FAR 2.101 

for a major defense acquisition program 

that is designated for preservation and 

storage in accordance with the 

requirements of section 815 of the 

National Defense Authorization Act for 

Fiscal Year 2009 (Pub. L. 110–417); 

(v) DoD serially managed item 

(reparable or nonreparable); and 

(vi) High risk item identified by the 

requiring activity as vulnerable to 

supply chain threat, a target of cyber 

threats, or counterfeiting. 

(b) Exceptions. The Contractor will 

not be required to provide DoD item 

unique item identification if— 

(1) * * * 

(2) A determination and findings has 

been executed concluding that it is more 

cost effective for the Government 

requiring activity to assign, mark, and 

register the unique item identifier after 

delivery, and the item is acquired from 

a small business concern, or is a 

commercial item acquired under FAR 

part 12 or part 8. 

(i) * * * 

(ii) Send a signed copy of the 

determination and findings required by 

paragraph (b)(2)(i) of this subsection to 

DPAP, PDI, 3060 Defense Pentagon, 

3E1044, Washington, DC 20301–3060; 

or by email to DPAP_PDI@osd.mil. 

5. Section 211.274–3 is amended by— 

a. Revising paragraph (a); and 

b. Amending paragraph (c) by 

removing the word ‘‘need’’ and adding 

in its place the word ‘‘shall’’. 

211.274–3 Policy for valuation. 

(a) It is DoD policy that contractors 

shall be required to identify the 

Government’s unit acquisition cost for 

all deliverable end items to which item 

unique identification applies. 

* * * * * 

6. Section 211.274–4 is amended by— 

a. Revising the section heading; 

b. Revising the introductory text; 

c. Removing paragraphs (a), (b), and 

(c); 

d. Redesignating paragraphs (d) 

through (h) as paragraphs (a) through 

(e); and 

e. In the newly redesignated 

paragraph (a), removing the word ‘‘Part’’ 

and adding in its place the word ‘‘part’’. 

The revisions read as follows: 

211.274–4 Policy for reporting of 

Government-furnished property. 

It is DoD policy that Governmentfurnished property be recorded in the 

DoD Item Unique Identification 

Registry, except for— 

* * * * * 

7. Amend section 211.274–6 by— 

a. Revising paragraph (a); and 

b. Amending paragraph (c)(1) to 

remove the words ‘‘252.211–7003, Item 

Identification and Valuation’’ and insert 

in its place the words ‘‘252.211–7003, 

Item Unique Identification and 

Valuation’’. 

The revisions read as follows: 

211.274–6 Contract clauses. 

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

Item Unique Identification and 

Valuation, in solicitations and 

contracts— 

(i) For supplies, unless the conditions 

in 211.274–2(b) apply; 

(ii) For services that involve the 

furnishing of supplies, unless the 

conditions in 211.274–2(b) apply; 

(iii) That contain the clause at FAR 

52.245–1; or 

(iv) That contain the clause at 

252.211–7007. 

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

clause with the contract line, subline, or 

exhibit line item numbers of any line 

items excluded from coverage in 

accordance with 211.274–2(b)(3). 

(3) Identify in paragraph (c)(1)(ii) of 

the clause 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 

item unique identification or a DoD 

recognized unique identification 

equivalent is required in accordance 

with 211.274–2(a)(2) or (3). 

(4) Identify in paragraph (c)(1)(iii) of 

the clause the applicable attachment 

number, when DoD item unique 

identification or a DoD recognized 

unique identification equivalent is 

required in accordance with 211.274– 

2(a)(4) (i) through (vi). 

* * * * * 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

8. The authority citation for 48 CFR 

part 212 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

212.301 [Amended] 

9. Section 212.301(f)(iv)(D) is 

amended by— 

a. Removing the words ‘‘252.211– 

7003, Item Identification and Valuation’’ 

and adding in its place the words 

‘‘252.211–7003, Item Unique 

Identification and Valuation’’; and 

b. Removing ‘‘211.274–4’’ and adding 

in its place ‘‘211.274–6(a)’’. 

PART 218—EMERGENCY 

ACQUISITIONS 

10. Section 218.201(2) is revised to 

read as follows: 

218.201 Contingency operation. 

* * * * * 

(2) Policy for item unique 

identification. Contractors will not be 

required to provide DoD item unique 

identification if the items, as 

determined by the head of the agency, 

are to be used to support a contingency 

operation. See 211.274–2(b). 

* * * * * 

PART 246—QUALITY ASSURANCE 

246.710 [Amended] 

11. Section 246.710(5)(i) is amended 

by removing ‘‘252.211–7003, Item 

Identification and Valuation’’ and 

adding in its place ‘‘252.211–7003, Item 

Unique Identification and Valuation’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

12. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

13. Section 252.211–7003 is amended 

by— 

a. Revising the section heading; 

b. Revising the clause heading; 

c. Removing from the clause heading 

‘‘(JUN 2011)’’ and adding in its place 

‘‘(DATE)’’; 

d. Amending paragraph (a) definitions 

by— 

(i) Adding, in alphabetical order, 

definitions for ‘‘Data matrix’’ and ‘‘Type 

designation’’; 

(ii) Removing the definition title 

‘‘DoD unique item identification’’ and 

adding in its place ‘‘DoD item unique 

identification’’. 

e. Revising paragraph (c); 


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35924 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 

f. Amending paragraph (d) by— 

i. Revising the introductory text; and 

ii. Adding subparagraphs (12), (13), 

and (14). 

g. Amending paragraph (e) by revising 

the introductory text; 

h. Revising paragraph (f); and 

i. Removing Alternate I of the basic 

clause. 

The additions and revisions read as 

follows: 

252.211–7003 Item Unique Identification 

and Valuation. 

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

following clause: 

ITEM UNIQUE IDENTIFICATION AND 

VALUATION (DATE) 

(a) * * * 

‘‘Data matrix’’ means a two-dimensional 

matrix symbology, which is made up of 

square modules arranged within a perimeter 

finder pattern and uses the Error Checking 

and Correction 200 (Reed-Solomon error 

correction algorithm). * * * 

‘‘Type designation’’ means a combination 

of letters and numerals assigned by the 

Government to a complete item, such as a 

major end item, assembly or subassembly, as 

appropriate, to provide a convenient means 

of differentiating between items having the 

same basic name and to indicate 

modifications and changes thereto. 

* * * * * 

(c) Unique item identifier. 

(1) The Contractor shall provide a unique 

item identifier for the following: 

(i) Delivered items for which the 

Government’s unit acquisition cost is $5,000 

or more, except for the following line items: 

Contract Line, Subline, or 

Exhibit Line Item Number 

Item Description 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(ii) Items for which the Government’s unit 

acquisition cost is less than $5,000 that are 

identified in the Schedule or the following 

table: 

Contract Line, Subline, or 

Exhibit Line Item Number 

Item Description 

lllllllllllllllllllll

lllllllllllllllllllll

(If items are identified in the Schedule, 

insert ‘‘See Schedule’’ in this table.) 

(iii) Subassemblies, components, and parts 

embedded within delivered items, items with 

warranty requirements, DoD serially 

managed reparables and DoD serially 

managed nonreparables as specified in 

Attachment Number ll. 

(iv) Any item of special tooling or special 

test equipment as defined in FAR 2.101 that 

have been designated for preservation and 

storage for a Major Defense Acquisition 

Program as specified in Attachment Number 

ll. 

(v) Any item not included in (i), (ii), (iii), 

and (iv) for which the contractor, at its own 

expense, creates and marks a unique item 

identifier for traceability. 

(2) The unique item identifier assignment 

and component data element combination 

shall not be duplicated on any other item 

marked by the contractor. 

(3) The unique item identifier component 

data elements shall be marked on an item 

using two dimensional data matrix 

symbology that complies with ISO/IEC 

International Standard 16022, Information 

technology—International symbology 

specification—Data matrix. 

(4) Data syntax and semantics of unique 

item identifiers. The Contractor shall ensure 

that— 

(i) The data elements (except issuing 

agency code) of the unique item identifier are 

encoded within the data matrix symbol that 

is marked on the item using one of the 

following three types of data qualifiers, as 

determined by the Contractor: 

(A) Application Identifiers (AIs) (Format 

Indicator 05 of ISO/IEC International 

Standard 15434), in accordance with ISO/IEC 

International Standard 15418, Information 

Technology—EAN/UCC Application 

Identifiers and Fact Data Identifiers and 

Maintenance and ANSI MH 10.8.2 Data 

Identifier and Application Identifier 

Standard. 

(B) Data Identifiers (DIs) (Format Indicator 

06 of ISO/IEC International Standard 15434), 

in accordance with ISO/IEC International 

Standard 15418, Information Technology— 

EAN/UCC Application Identifiers and Fact 

Data Identifiers and Maintenance and ANSI 

MH 10.8.2 Data Identifier and Application 

Identifier Standard. 

(C) Text Element Identifiers (TEIs) (Format 

Indicator 12 of ISO/IEC International 

Standard 15434), in accordance with the Air 

Transport Association Common Support Data 

Dictionary; and 

(ii) The encoded data elements of the 

unique item identifier conform to the transfer 

structure, syntax, and coding of messages and 

data formats specified for Format Indicators 

05, 06, and 12 in ISO/IEC International 

Standard 15434, Information Technology— 

Transfer Syntax for High Capacity Automatic 

Data Capture Media. 

(5) Unique item identifier. 

(i) The Contractor shall— 

(A) Determine whether to— 

(1) Serialize within the enterprise 

identifier; 

(2) Serialize within the part, lot, or batch 

number; or 

(3) Use a DoD recognized unique 

identification equivalent (e.g. Vehicle 

Identification Number); and 

(B) Place the data elements of the unique 

item identifier (enterprise identifier; serial 

number; DoD recognized unique 

identification equivalent; and for 

serialization within the part, lot, or batch 

number only: original part, lot, or batch 

number) on items requiring marking by 

paragraph (c)(1) of this clause, based on the 

criteria provided in MIL–STD–130, 

Identification Marking of U.S. Military 

Property, latest version. 

(C) Label shipments and storage containers 

and packages that contain uniquely 

identified items in accordance with the 

requirements of MIL–STD–129, Military 

Marking for Shipment and Storage, latest 

version. 

(D) Verify that the marks on items, 

shipments and storage containers and 

packages are machine readable and conform 

to the applicable standards. 

(ii) The issuing agency code— 

(A) Shall not be placed on the item; and 

(B) Shall be derived from the data qualifier 

for the enterprise identifier. 

(d) For each item that requires item unique 

identification under paragraph (c)(1)(i), (ii) or 

(iv) of this clause or when item unique 

identification is provided under paragraph 

(c)(1)(v) in addition to the information 

provided as part of the Material Inspection 

and Receiving Report specified elsewhere in 

this contract, the Contractor shall report at 

the time of delivery, as part of the Material 

Inspection and Receiving Report, the 

following information: 

* * * * * 

(12) Type designation of the item as 

specified in the contract specifications, if 

any. 

(13) Whether the item is an item of Special 

Tooling or Special Test Equipment. 

(14) Whether the item is covered by a 

warranty. 

(e) For embedded subassemblies, 

components, and parts that require DoD item 

unique identification under paragraph 

(c)(1)(iii) of this clause or when item unique 

identification is provided under paragraph 

(c)(1)(v), the Contractor shall report as part of 

the Material Inspection and Receiving Report 

specified elsewhere in this contract, the 

following information: 

* * * * * 

(f) The Contractor shall submit the 

information required by paragraphs (d) and 

(e) of this clause as follows: 

(1) End items shall be reported using the 

receiving report capability in WAWF in 

accordance with the clause at 252.232–7003. 

If WAWF is not required by this contract, 

follow the procedures at http:// 

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

data_submission_information.html. 

(2) Embedded items shall be reported by 

one of the following methods— 

(i) Use of the embedded items capability in 

WAWF; 

(ii) Direct data submission to the IUID 

Registry following the procedures and 

formats at http://www.acq.osd.mil/dpap/pdi/ 

uid/data_submission_information.html; or 

(iii) Via WAWF as a deliverable attachment 

for exhibit line item ll Unique Item 

Identifier Report for Embedded Items, 

Contract Data Requirements List, DD Form 

1423. 

* * * * * 

(End of clause) 

14. Amend section 252.225–7039 by— 

a. Removing from the clause heading 

‘‘(AUG 2011)’’ and adding in its place 

‘‘(DATE)’’; and 

b. Revising paragraph (b)(1)(ii)(B) to 

read as follows. 

252.225–7039 Contractors Performing 

Private Security Functions. 

* * * * * 


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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Proposed Rules 35925 

(b) * * * 

(B) In addition, all weapons that are 

Government-furnished property must be 

assigned a unique identifier in 

accordance with the clauses at DFARS 

252.211–7003, Item Unique 

Identification and Valuation, and 

DFARS 252.245–7001, Tagging, 

Labeling, and Marking of GovernmentFurnished Property, and physically 

marked in accordance with MIL–STD 

130 (current version) and DoD directives 

and instructions. The items must be 

registered in the DoD Item Unique 

Identification (IUID) Registry (https:// 

www.bpn.gov/iuid/); 

* * * * * 

Appendix F: Material Inspection And 

Receiving Report 

F–103 [Amended] 

F–301 [Amended] 

15. The authority citation for 48 CFR 

chapter 2 appendix F continues to read 

as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

16. Section F–103, paragraph (e)(1) is 

amended by removing ‘‘DFARS 

252.211–7003, Item Identification and 

Valuation’’ and adding in its place 

‘‘DFARS 252.211–7003, Item Unique 

Identification and Evaluation’’. 

17. Section F–301, paragraph (18)(i) is 

amended by removing ‘‘DFARS 

252.211–7003, Item Identification and 

Valuation’’ and adding in its place 

‘‘DFARS 252.211–7003, Item Unique 

Identification and Evaluation’’. 

* * * * * 

[FR Doc. 2012–14289 Filed 6–14–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120416007–2150–01] 

RIN 0648–BB67 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Monitoring and 

Enforcement Requirements in the 

Bering Sea and Aleutian Islands 

Freezer Longline Fleet 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

that would modify equipment and 

operational requirements for freezer 

longliners (catcher/processors) named 

on License Limitation Program (LLP) 

licenses endorsed to catch and process 

Pacific cod at sea with hook-and-line 

gear in the Bering Sea and Aleutian 

Islands Management Area (BSAI). If 

approved, the proposed regulations 

would require vessel owners to select 

between two monitoring options: carry 

two observers so that all catch can be 

sampled, or carry one observer and use 

a motion-compensated scale to weigh 

Pacific cod before it is processed. The 

selected monitoring option would be 

required to be used when the vessel is 

operating in either the BSAI or Gulf of 

Alaska groundfish fisheries when 

directed fishing for Pacific cod is open 

in the BSAI, or while the vessel is 

fishing for groundfish under the 

Western Alaska Community 

Development Quota (CDQ) Program. A 

vessel owner who notifies NMFS that 

the vessel will not be used to conduct 

directed fishing for Pacific cod in the 

BSAI or to conduct groundfish CDQ 

fishing at any time during a particular 

year would not be required to select one 

of the monitoring options and would 

continue to follow observer coverage 

and catch reporting requirements that 

apply to catcher/processors not subject 

to this proposed action. These 

regulatory amendments address the 

need for enhanced catch accounting, 

monitoring, and enforcement created by 

the formation of a voluntary cooperative 

by the BSAI longline catcher/processor 

subsector in 2010, and are necessary to 

improve the precision of the accounting 

for allocated quota species. This action 

is intended to promote the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area, 

the Fishery Management Plan for 

Groundfish of the Gulf of Alaska, the 

Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable laws. 

DATES: Written comments must be 

received no later than 1700 hours, 

Alaska local time (A.L.T.) July 16, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS Docket Number 

NOAA–NMFS–2011–0278, by any one 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘Submit a Comment’’ 

icon, then enter NOAA–NMFS–2011– 

0278 in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Mail: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

• Fax: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Fax comments to 907– 

586–7557. 

• Hand delivery to the Federal 

Building: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Deliver comments to 

709 West 9th Street, Room 420A, 

Juneau, AK. 

Comments must be submitted by one 

of the above methods to ensure that they 

are received, documented, and 

considered by NMFS. Comments sent by 

any other method, to any other address 

or individual, or received after the end 

of the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information 

(e.g., name, address) voluntarily 

submitted by the commenter will be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Electronic copies of the Regulatory 

Impact Review and Environmental 

Assessment (RIR/EA) prepared for this 

action may be obtained from http:// 

www.regulations.gov or from the NMFS 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov. 

Electronic copies of NOAA Technical 

Memorandum NMFS–F/AKR–10 

‘‘Investigation of Weight Loss in Pacific 

cod (Gadus macrocephalus) Due to 

Exsanguination’’ may be obtained at 

http://docs.lib.noaa.gov/ 

noaa_documents/NMFS/ 

AlaskaRegionalOfc/TM-FAKR/NOAATM-FAKR-10.pdf. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 


srobinson on DSK4SPTVN1PROD with PROPOSALS