33170 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 

Dun & Bradstreet’s Data Universal 

Numbering System (DUNS) Number, 

GS1 Company Prefix, Allied Committee 

135 NATO Commercial and 

Government Entity (NCAGE)/ 

Commercial and Government Entity 

(CAGE) Code, or the Coded 

Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) 

Number), European Health Industry 

Business Communication Council 

(EHIBCC) and Health Industry Business 

Communication Council (HIBCC)), as 

indicated in the Register of Issuing 

Agency Codes for ISO/IEC 15459, 

located at http://www.nen.nl/web/ 

Normen-ontwikkelen/ISOIEC-15459- 

Issuing-Agency-Codes.htm. 

* * * * * 

■ 7. Add section 252.246–7005 to read 

as follows: 

252.246–7005 Notice of Warranty Tracking 

of Serialized Items. 

As prescribed in 246.710(5)(i)(A), use 

the following provision: 

Notice of Warranty Tracking of 

Serialized Items (Jun 2011) 

(a) Definition. Unique item identifier and 

warranty tracking are defined in the clause at 

252.246–7006, Warranty Tracking of 

Serialized Items. 

(b) Reporting of data for warranty tracking 

and administration. The offeror shall provide 

the information required by Attachment l, 

Warranty Tracking Information, (indicated by 

a single asterisk (*)), on each contract line 

item number, subline item number, or exhibit 

line item number for warranted items. The 

offeror shall provide all information required 

by Attachment l, Warranty Repair Source 

Instruction, prior to, but not later than when 

the warranted items are presented for receipt 

and/or acceptance. The ‘‘Warranty Item 

Unique Item Identifier data category may also 

be completed in conjunction with 

Attachment _, Warranty Repair Source 

Instruction. Information required in the 

warranty attachment shall include such 

information as duration, enterprise, 

enterprise identifier, first use, fixed 

expiration, installation, issuing agency, item 

type, starting event, serialized item, unique 

item identifier, usage, warranty 

administrator, warranty guarantor, warranty 

repair source, and warranty tracking. The 

offeror shall submit the data for warranty 

tracking to the Contracting Officer. 

(End of provision) 

■ 6. Add section 252.246–7006 to read 

as follows: 

252.246–7006 Warranty Tracking of 

Serialized Items. 

As prescribed in 246.710(5)(i)(B), use 

the following clause: 

Warranty Tracking of Serialized Items 

(Jun 2011) 

(a) Definitions. As used in this clause— 

Duration means the warranty period. This 

period may be a stated period of time, 

amount of usage, or the occurrence of a 

specified event, after formal acceptance of 

delivery, for the Government to assert a 

contractual right for the correction of defects. 

Enterprise means the entity (e.g., a 

manufacturer or vendor) responsible for 

granting the warranty and/or assigning 

unique item identifiers to serialized warranty 

items. 

Enterprise identifier means a code that is 

uniquely assigned to an enterprise by an 

issuing agency. 

First use means the initial or first-time use 

of a product by the Government. 

Fixed expiration means the date the 

warranty expires and the Contractor’s 

obligation to provide for a remedy or 

corrective action ends. 

Installation means the date a unit is 

inserted into a higher level assembly in order 

to make that assembly operational. 

Issuing agency means an organization 

responsible for assigning a globally unique 

identifier to an enterprise (e.g., Dun & 

Bradstreet’s Data Universal Numbering 

System (DUNS) Number, GS1 Company 

Prefix, Allied Committee 135 NATO 

Commercial and Government Entity 

(NCAGE)/Commercial and Government 

Entity (CAGE) Code, or the Coded 

Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) 

Number), European Health Industry Business 

Communication Council (EHIBCC) and 

Health Industry Business Communication 

Council (HIBCC)), as indicated in the Register 

of Issuing Agency Codes for ISO/IEC 15459, 

located at http://www.nen.nl/web/Normenontwikkelen/ISOIEC-15459-Issuing-AgencyCodes.htm. 

Item type means a coded representation of 

the description of the item being warranted, 

consisting of the codes C—component 

procured separate from end item, S— 

subassembly procured separate from end 

item or subassembly, E—embedded in 

component, subassembly or end item parent, 

and P—parent end item. 

Starting event means the event or action 

that initiates the warranty. 

Serialized item means each item produced 

is assigned a serial number that is unique 

among all the collective tangible items 

produced by the enterprise, or each item of 

a particular part, lot, or batch number is 

assigned a unique serial number within that 

part, lot, or batch number assignment within 

the enterprise identifier. The enterprise is 

responsible for ensuring unique serialization 

within the enterprise identifier or within the 

part, lot, or batch numbers, and that serial 

numbers, once assigned, are never used 

again. 

Unique item identifier means a set of data 

elements marked on an item that is globally 

unique and unambiguous. 

Usage means the quantity and an 

associated unit of measure that specifies the 

amount of a characteristic subject to the 

contractor’s obligation to provide for remedy 

or corrective action, such as a number of 

miles, hours, or cycles. 

Warranty administrator means the 

organization specified by the guarantor for 

managing the warranty. 

Warranty guarantor means the enterprise 

that provides the warranty under the terms 

and conditions of a contract. 

Warranty repair source means the 

organization specified by a warranty 

guarantor for receiving and managing 

warranty items that are returned by a 

customer. 

Warranty tracking means the ability to 

trace a warranted item from delivery through 

completion of the effectivity of the warranty. 

(b) Reporting of data for warranty tracking 

and administration. The Contractor shall 

provide all information required by 

Attachment __, Warranty Tracking 

Information on each contract line item 

number, subline item number, or exhibit line 

item number for warranted items. The 

Contractor shall provide all information 

required by Attachment __, Warranty Repair 

Source Instructions, prior to, but not later 

than when the warranted items are presented 

for receipt and/or acceptance. The ‘‘Warranty 

Item Unique Item Identifier’’ data category 

may also be completed in conjunction with 

Attachment __, Warranty Repair Source 

Instructions. Information required in the 

warranty attachment shall include such 

information as duration, enterprise, 

enterprise identifier, first use, fixed 

expiration, installation, issuing agency, item 

type, starting event, serialized item, unique 

item identifier, usage, warranty 

administrator, warranty guarantor, warranty 

repair source, and warranty tracking. The 

Contractor shall submit the data for warranty 

tracking to the Contracting Officer with a 

copy to the requiring activity and the 

Contracting Officer Representative. 

(c) Reservation of rights. The terms of this 

clause shall not be construed to limit the 

Government’s rights or remedies under any 

other contract clause. 

(End of clause) 

* * * * * 

[FR Doc. 2011–14104 Filed 6–7–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AH23 

Defense Federal Acquisition 

Regulation Supplement; Inclusion of 

Option Amounts in Limitations on 

Authority of the Department of Defense 

to Carry Out Certain Prototype 

Projects (DFARS Case 2011–D024) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 33171 

ACTION: Final rule. 

SUMMARY: DoD is issuing this final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 826 of 

the National Defense Authorization Act 

for Fiscal Year 2011. Section 826 

amended the DoD pilot program for 

transition to follow-on contracting after 

use of other transaction authority, to 

establish that the threshold limitation of 

$50 million for contracts and 

subcontracts under the program 

includes the dollar value of all options. 

DATES: Effective June 8, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone 703 602– 

8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the DoD pilot 

program addressed in Defense Federal 

Acquisition Regulation Supplement 

(DFARS) Subpart 212.70, Pilot Program 

for Transition to Follow-On Contracting 

after Use of Other Transaction Authority 

(OTA). It adds a new section 212.7002– 

3, Thresholds, to clarify that, consistent 

with FAR 1.108(c), Dollar Thresholds, 

the threshold limitation for contracts 

and subcontracts under the pilot 

program of $50 million includes the 

dollar value of all options. 

DoD has issued this rule as a final rule 

because the rule does not have a 

significant effect beyond DoD internal 

operating procedures as it merely 

reinforces current guidance in the 

Federal Acquisition Regulation (FAR). 

Further, it does not have a significant 

cost or administrative impact on 

contractors. FAR 1.108(c) currently 

states, in part, that ‘‘unless otherwise 

specified, a specific dollar threshold for 

the purpose of applicability is the final 

anticipated dollar value of the action, 

including the dollar value of all 

options.’’ 

II. Executive Orders 12866 and 13563 

Executive Orders 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). Executive Order 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 Executive Order 

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 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

1707. 

IV. Paperwork Reduction Act 

The rule does not impose any 

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). 

List of Subjects in 48 CFR Part 212 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 212 is 

amended as follows: 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for 48 CFR 

part 212 continues to read as follows: 

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

chapter 1. 

■ 2. Add section 212.7002–3 to subpart 

212.70 to read as follows: 

212.7002–3 Thresholds. 

The contract and subcontract 

thresholds at 212.7002–1(a)(3) and 

212.7002–2(a)(2) include the dollar 

value of all options in accordance with 

section 826 of the National Defense 

Authorization Act for Fiscal Year 2011. 

See also FAR 1.108(c). 

[FR Doc. 2011–14108 Filed 6–7–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA482 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Alaska Plaice in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Alaska plaice in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

prevent exceeding the 2011 Alaska 

plaice total allowable catch (TAC) 

specified for the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 4, 2011, through 2400 

hrs, A.l.t., December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2011 Alaska plaice TAC specified 

for the BSAI is 13,600 metric tons as 

established by the final 2011 and 2012 

harvest specifications for groundfish in 

the BSAI (76 FR 11139, March 1, 2011). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that the 2011 Alaska plaice 

TAC in the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 12,600 mt, and is setting 

aside the remaining 1,000 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Alaska plaice in the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 


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