[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31911-31912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12936]


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DEPARTMENT OF DEFENSE

48 CFR Parts 227 and 252

[DFARS Case 2003-D104]


Defense Federal Acquisition Regulation Supplement; Written 
Assurance of Technical Data Conformity

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 844 of 
the National Defense Authorization Act for Fiscal Year 2004. Section 
844 eliminates the requirement for a contractor to furnish written 
assurance that technical data delivered to the Government is complete 
and accurate and satisfies the requirements of the contract.

DATES: Effective date: June 8, 2004.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before August 9, 2004, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D104, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2003-D104 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.

SUPPLEMENTARY INFORMATION: 

A. Background

    This interim rule amends DFARS Subpart 227.71 and removes the 
clause at DFARS 252.227-7036, Declaration of Technical Data Conformity, 
to implement Section 844 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136). Section 844 amended 10 U.S.C. 
2320(b) to eliminate the requirement for contractors to furnish written 
assurance that delivered technical data is complete and accurate and 
satisfies the requirements of the contract. This change reduces 
paperwork for contractors, but does not diminish the contractor's 
obligation to provide technical data that is complete and adequate, and 
that complies with contract requirements.
    This rule was not 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 elimination 
of the requirement for a contractor to provide a written declaration of 
technical data conformity does not diminish the contractor's obligation 
to provide technical data that is complete and accurate and satisfies 
contract requirements. Therefore, DoD has not performed an initial 
regulatory flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2003-D104.

C. Paperwork Reduction Act

    The information collection requirements of the clause at DFARS 
252.227-7036, Declaration of Technical Data Conformity, are currently 
approved under Office of Management and Budget Control Number 0704-
0369. Elimination of this clause will reduce estimated annual public 
reporting burden by 126,886 hours (estimated 507,545 declarations 
annually at .25 hours per declaration).

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 844 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136). Section 
844 amended 10 U.S.C. 2320(b) to eliminate the requirement for 
contractors to furnish written assurance that delivered technical data 
is complete and accurate and satisfies the requirements of the 
contract. Section 844 became effective upon enactment on November 24, 
2003. Comments received in response to this interim rule will be 
considered in the formation of the final rule.

List of Subjects in 48 CFR Parts 227 and 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council

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Therefore, 48 CFR Parts 227 and 252 are amended as follows:
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1. The authority citation for 48 CFR Parts 227 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 227--PATENTS, DATA, AND COPYRIGHTS


227.7103-6  [Amended]

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2. Section 227.7103-6 is amended as follows:
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a. In paragraph (e)(2) by adding ``and'' after the semicolon;

[[Page 31912]]

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b. By removing paragraph (e)(3); and
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c. By redesignating paragraph (e)(4) as paragraph (e)(3).


227.7103-14  [Amended]

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3. Section 227.7103-14 is amended as follows:
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a. By removing paragraph (a)(1); and
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b. By redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(1) 
and (a)(2), respectively.


227.7104  [Amended]

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4. Section 227.7104 is amended as follows:
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a. In paragraph (e)(4) by adding ``and'' after the semicolon;
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b. By removing paragraph (e)(5); and
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c. By redesignating paragraph (e)(6) as paragraph (e)(5).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.227-7036  [Removed and Reserved]

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5. Section 252.227-7036 is removed and reserved.


252.227-7037  [Amended]

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6. Section 252.227-7037 is amended in the introductory text as follows:
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a. By removing ``227.7103(e)(4)'' and adding in its place ``227.7103-
6(e)(3)''; and
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b. By removing ``227.7104(e)(6)'' and adding in its place 
``227.7104(e)(5)''.

[FR Doc. 04-12936 Filed 6-7-04; 8:45 am]
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