Tuesday, 

June 8, 2010 

Part IV 

Department of 

Defense 

Defense Acquisition Regulations System 

48 CFR Part 216, 217, 225, et al. 

Defense Federal Acquisition Regulation 

Supplements; Proposed Rules and Rules 


emcdonald on DSK2BSOYB1PROD with PROPOSALS4
32636 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AG60 

Defense Acquisition Regulations 

System; Defense Federal Acquisition 

Regulation Supplement; Balance of 

Payments Program Exemption for 

Commercial Information Technology— 

Construction Material (DFARS Case 

2009–D041) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement the exemption from the 

Balance of Payments Program for 

construction material that is commercial 

information technology. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

August 9, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D041, 

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 2009–D041 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. 

Comments received generally will be 

posted 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 

DoD is proposing to amend the 

DFARS to implement in the clauses at 

252.225–7044, Balance of Payments 

Program—Construction Material, and 

252.225–7045, Balance of Payments 

Program—Construction Material under 

Trade Agreements, the exemption from 

the Balance of Payments Program for 

construction material that is commercial 

information technology. This exemption 

was added to the policy at DFARS 

225.7501(a)(2)(vi) under FAR Case 

2005–D011, to correspond to the 

exemption from the Buy American Act 

provided in annual appropriations acts 

since fiscal year 2004, because the 

Balance of Payments Program is an 

extension of the requirements of the Buy 

American Act to supplies or 

construction material to be used 

overseas. However, although the policy 

stated that it could apply to supplies or 

construction material, it was only 

implemented with regard to acquisition 

of supplies. This rule proposes to make 

the Balance of Payments Program 

construction clauses consistent with the 

stated policy. 

This rule was 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 does not impose 

economic burdens on contractors. The 

purpose and effect of this rule is to 

clarify the use of several terms. 

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 2009–D041) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) does not apply because the 

proposed rule contains no information 

collection requirements. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR part 252 as follows: 

1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

2. Amend section 252.225–7044 by 

revising the clause date, redesignating 

paragraph (b)(2) as paragraph (b)(3), and 

adding new paragraph (b)(2) to read as 

follows: 

252.225–7044 Balance of Payments 

Program—Construction Material. 

* * * * * 

BALANCE OF PAYMENTS PROGRAM— 

CONSTRUCTION MATERIAL (DATE) 

* * * * * 

(b) * * * 

(2) Information technology that is a 

commercial item; or 

* * * * * 

3. Amend section 252.225–7045 by 

revising the clause date; redesignating 

paragraph (c)(2) as paragraph (c)(3); 

adding new paragraph (c)(2); revising 

the date of ALTERNATE I; redesignating 

paragraph (c)(2) of ALTERNATE I as 

paragraph (c)(3); and adding new 

paragraph (c)(2) to ALTERNATE I to 

read as follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

BALANCE OF PAYMENTS PROGRAM— 

CONSTRUCTION MATERIAL UNDER 

TRADE AGREEMENTS (DATE) 

* * * * * 

(c) * * * 

(2) Information technology that is a 

commercial item; or 

* * * * * 

ALTERNATE I (DATE). * * * 

* * * * * 

(c) * * * 

(2) Information technology that is a 

commercial item; or 

* * * * * 

[FR Doc. 2010–13522 Filed 6–7–10; 8:45 am] 

BILLING CODE 5001–08–P 


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