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###### Department of Defense

###### Defense Acquisition Regulations System

# AGENCY:

Defense Acquisition Regulations System, Department of Defense (DoD).

# ACTION:

Notice and request for comments regarding a proposed extension of an approved information collection requirement.

# SUMMARY:

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through November 30, 2010. DoD proposes that OMB extend its approval for use of the combined requirements for three years, through November 30, 2013.

# DATES:

DoD will consider all comments received by January 4, 2011.

# ADDRESSES:

                        You may submit comments, identified by OMB Control Number                               ( print page 68331)                            0704-0272, using any of the following methods:                    

                        o                         *Regulations.gov: http://www.regulations.gov.*                         Submit comments via the Federal eRulemaking portal by inputting “OMB Control Number 0704-0272” under the heading “Enter keyword or ID” and selecting “Search.” Select the link “Submit a Comment” that corresponds with “OMB Control Number 0704-0272”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “OMB Control Number 0704-0272” on your attached document.                    

                        ○                         *E-mail: dfars@osd.mil*. Include OMB Control Number 0704-0272 in the subject line of the message.                    

                        ○                         *Fax:*                         (703) 602-0350.                    

                        ○                         *Mail:*                         Defense Acquisition Regulations System, Attn: Ms. Jennifer Abi-Najm, 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                         *http://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:

                        Ms. Jennifer Abi-Najm, (703) 602-0131. The information collection requirements addressed in this notice are available on the World Wide Web at:                         *http://www.regulations.gov.*                         Paper copies are available from Ms. Jennifer Abi-Najm, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060.                    

# SUPPLEMENTARY INFORMATION:

*Title and OMB Number:*                     Defense Federal Acquisition Regulation Supplement (DFARS) Part 223, Occupational Safety and Drug-Free Work Force, and related clauses in DFARS 252.223; OMB Control Number 0704-0272.                

*Needs and Uses:*                     This information collection requires that an offeror or contractor submit information to DoD in response to DFARS solicitation provisions and contract clauses relating to occupational safety. DoD contracting officers use this information to—                

○ Verify compliance with requirements for labeling of hazardous materials;

○ Ensure contractor compliance and monitor subcontractor compliance with DoD 4145.26-M, DoD Contractors' Safety Manual for Ammunition and Explosives, and minimize risk of mishaps;

○ Identify the place of performance of all ammunition and explosives work; and

○ Ensure contractor compliance and monitor subcontractor compliance with DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives.

In addition, this information collection requires DoD contractors to maintain records regarding drug-free work force programs provided to contractor employees. The information is used to ensure reasonable efforts to eliminate the unlawful use of controlled substances by contractor employees.

*Affected Public:*                     Businesses or other for-profit and not-for-profit institutions.                

*Annual Burden Hours:*                     989,544 (9,448 response + 980,096 recordkeeping).                

*Number of Respondents:*                     1,519.                

*Responses per Respondent:*                     Approximately 9.                

*Annual Responses:*                     13,507.                

*Average Burden per Response:*.7 hours.                

*Frequency:*                     On occasion.                

*Number of recordkeepers:*                     18,012.                

*Average Annual Burden per Recordkeeper:*                     54.4 hours.                

## Summary of Information Collection

This information collection includes the following requirements:

                    1.                     *DFARS 252.223-7001, Hazard Warning Labels.*                     Paragraph (c) requires all offerors to list which hazardous materials will be labeled in accordance with certain statutory requirements instead of the Hazard Communication Standard. Paragraph (d) requires only the apparently successful offeror to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of the clause.                

                    2.                     *DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives.*                     Paragraph (c)(2) requires the contractor, within 30 days of notification of noncompliance with DoD 4145.26-M, to notify the contracting officer of actions taken to correct the noncompliance. Paragraph (d)(1) requires the contractor to notify the contracting officer immediately of any mishaps involving ammunition or explosives. Paragraph (d)(3) requires the contractor to submit a written report of the investigation of the mishap to the contracting officer. Paragraph (g)(4) requires the contractor to notify the contracting officer before placing a subcontract for ammunition or explosives.                

                    3.                     *DFARS 252.223-7003, Changes in Place of Performance—Ammunition and Explosives.*                     Paragraph (a) requires the offeror to identify, in the “Place of Performance” provision of the solicitation, the place of performance of all ammunition and explosives work covered by the Safety Precautions for Ammunition and Explosives clause of the solicitation. Paragraphs (b) and (c) require the offeror or contractor to obtain written permission from the contracting officer before changing the place of performance after the date set for receipt of offers or after contract award.                

                    4.                     *DFARS 252.223-7007, Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.*                     Paragraph (e) requires the contractor to notify the cognizant Defense Security Service field office within 10 days after award of any subcontract involving sensitive conventional arms, ammunition, and explosives within the scope of DoD 5100.76-M.                

                    5.                     *DFARS Section 223.570, Drug-free work force, and the associated clause at DFARS 252.223-7004, Drug-Free Work Force,*                     require that DoD contractors institute and maintain programs for achieving the objective of a drug-free work force, but do not require contractors to submit information to the Government. This information collection requirement reflects the public burden of maintaining records related to a drug-free work force program.                

Ynette R. Shelkin,

Editor, Defense Acquisition Regulations System.

[FR Doc. 2010-28024 Filed 11-4-10; 8:45 am]

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