Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Rules and Regulations 48279 

relation to the cost of work performed 

by the relevant contractor or 

subcontractor. The interim DFARS rule 

language, which implements the 

requirements of section 852, was made 

obsolete with the publication of the FAR 

interim rule at 74 FR 52853 on October 

14, 2009. 

DATES: Effective Date: August 10, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–0302; 

facsimile 703–602–0350. Please cite 

DFARS Case 2006–D057. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 852 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2007 required DoD to prescribe 

regulations to ensure that pass-through 

charges on contracts or subcontracts that 

are entered into for or on behalf of DoD 

are not excessive in relation to the cost 

of work performed by the relevant 

contractor or subcontractor. DoD 

published an interim rule at 72 FR 

20758 on April 26, 2007, to amend the 

DFARS to include a solicitation 

provision and contract clause in DoD 

contracts to implement the requirements 

of section 852. 

Fourteen sources submitted 

comments on the interim rule. Public 

comments were addressed in a second 

interim rule published at 73 FR 27464 

on May 13, 2008, when the interim rule 

language was revised in response to 

comments received. DoD determined at 

that time that it did not expect the rule 

to have a significant impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. FAR 

interim rule 2008–031, published at 74 

FR 52853 on October 14, 2009, 

implemented the requirements of 

section 866 of the NDAA for FY09 on 

the issue of excessive pass-through 

charges. The FAR rule language is 

duplicative of the interim DFARS rule 

language implementing section 852. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This final rule removes interim rule 

DFARS language made obsolete by 

publication of FAR rule language on 

October 14, 2009. Therefore, the 

Regulatory Flexibility Act does not 

apply to this final rule because it does 

not constitute a significant DFARS 

revision within the meaning of 41 

U.S.C. 418b and FAR 1.501, and 

publication for public comment was not 

required. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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 215, 

231, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 215, 231, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 215, 231, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.408 [Amended] 

■ 2. Section 215.408 is amended by 

removing paragraphs (3) and (4). 

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

231.201–2 [Removed] 

■ 3. Section 231.201–2 is removed. 

231.203 [Removed] 

■ 4. Section 231.203 is removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.217–7003 [Removed and Reserved] 

■ 5. Section 252.217–7003 is removed 

and reserved. 

252.217–7004 [Removed and Reserved] 

■ 6. Section 252.217–7004 is removed 

and reserved. 

[FR Doc. 2010–19672 Filed 8–9–10; 8:45 am] 

BILLING CODE 5001–08–P 

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. 

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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
48280 Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Rules and Regulations 

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. 

■ Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 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] 

■ 2. Section 225.7003–3 is amended by 

removing paragraph (b)(2)(iii). 

225.7003–5 [Amended] 

■ 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] 

■ 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1