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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 for use through July 31, 2009. DoD proposes that OMB extend its approval for use for three additional years.

# DATES:

DoD will consider all comments received by July 13, 2009.

# ADDRESSES:

You may submit comments, identified by OMB Control Number 0704-0321, 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 OMB Control Number 0704-0321 in the subject line of the message.                    

                        ○                         *Fax:*                         703-602-7887.                    

                        ○                         *Mail:*                         Defense Acquisition Regulations System, Attn: Mr. Julian Thrash, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.                    

                        ○                         *Hand Delivery/Courier:*                         Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.                    

                        Comments received generally will be posted without change to                         *http://www.regulations.gov*, including any personal information provided.                    

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Julian Thrash, 703-602-0310. The information collection requirements addressed in this notice are available on the World Wide Web at:                         *http://www.acq.osd.mil/​dpap/​dars/​dfarspgi/​current/​index.html*. Paper copies are available from Mr. Julian Thrash, OUSD(AT&L) DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.                    

# SUPPLEMENTARY INFORMATION:

*Title and OMB Number:*                     Defense Federal Acquisition Regulation Supplement (DFARS) part 232, Contract Financing, and the clause at 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions; OMB Control Number 0704-0321.                

*Needs and Uses:*                     Section 22 of the Arms Export Control Act (22 U.S.C. 2762) requires the U.S. Government to use foreign funds, rather than U.S. appropriated funds, to purchase military equipment for foreign governments. To comply with this requirement, the Government needs to know how much to charge each country. The clause at 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions, requires each contractor whose contract includes foreign military sales (FMS) requirements to submit a separate progress payment request for each progress payment rate, and to submit a supporting schedule that clearly distinguishes the contract's FMS requirements from U.S. requirements. The Government uses this information to determine how much of each country's funds to disburse to the contractor.                

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

*Annual Burden Hours:*                     5,310 (includes 1,770 response hours plus 3,540 recordkeeping hours).                

*Number of Respondents:*                     295.                

*Responses per Respondent:*                     Approximately 12.                

*Annual Responses:*                     3,540.                

*Average Burden per Response:*.5 hours (Average recordkeeping per respondent is 12 hours).                

*Frequency:*                     On occasion.                

## Summary of Information Collection

This information collection includes requirements relating to DFARS part 232, Contract Financing, and the related clause at DFARS 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions.

a. DFARS 232.502-4-70(a) prescribes use of the clause at DFARS 252.232-7002 in any contract that provides for progress payments and contains FMS requirements.

b. The clause at DFARS 252.232-7002 requires the contractor to submit a separate progress payment request for each progress payment rate, and to submit a supporting schedule that distinguishes the contract's FMS requirements from U.S. requirements.

Michele P. Peterson,

Editor, Defense Acquisition Regulations System.

[FR Doc. E9-11069 Filed 5-12-09; 8:45 am]

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