[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Pages 1826-1828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-173]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 209, 217, and 246

RIN 0750-AF86


Defense Federal Acquisition Regulation Supplement; Ship Critical 
Safety Items (DFARS Case 2007-D016)

AGENCY: Defense Acquisition Regulations System, 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 130 of 
the National Defense Authorization Act for Fiscal Year 2007. Section 
130 requires DoD to establish a quality control policy for the 
procurement, modification, repair, and overhaul of ship critical safety 
items.

DATES: Effective date: January 10, 2008.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before March 10, 2008, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2007-D016, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include DFARS Case 2007-D016 in the 
subject line of the message.
     Fax: 703-602-7887.
     Mail: Defense Acquisition Regulations System, Attn: Mr. 
Michael Benavides, 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. Michael Benavides, 703-602-1302.

SUPPLEMENTARY INFORMATION: 

A. Background

    This interim rule implements Section 130 of the National Defense 
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 130 
requires DoD to prescribe in regulations a quality

[[Page 1827]]

control policy for the procurement of ship critical safety items and 
the modification, repair, and overhaul of those items.
    Section 802 of the National Defense Authorization Act for Fiscal 
Year 2004 (Pub. L. 108-136) contained a similar requirement applicable 
to aviation critical safety items, which is implemented in DFARS 
209.270-1 through 209.270-4. This interim rule amends DFARS 209.270-1 
through 209.270-4 and related text to address ship critical safety 
items as well as aviation critical safety items. The rule identifies 
the responsibilities of the head of the design control activity with 
regard to quality control of critical safety items and related 
services.
    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 the rule 
primarily relates to internal DoD responsibilities for ensuring quality 
control of ship critical safety items. In addition, the Navy already 
has implemented stringent quality control programs with regard to such 
items. 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 2007-D016.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

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 130 of the National Defense 
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 130 
requires DoD to prescribe in regulations a quality control policy for 
the procurement of ship critical safety items and the modification, 
repair, and overhaul of those items. 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 209, 217, and 246

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 209, 217, and 246 are amended as follows:
0
1. The authority citation for 48 CFR parts 209, 217, and 246 continues 
to read as follows:

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

PART 209--CONTRACTOR QUALIFICATIONS

0
2. Sections 209.202, 209.270, and 209.270-1 are revised to read as 
follows:


209.202  Policy.

    (a)(1) Except for aviation or ship critical safety items, obtain 
approval in accordance with PGI 209.202(a)(1) when establishing 
qualification requirements. See 209.270 for approval of qualification 
requirements for aviation or ship critical safety items.


209.270  Aviation and ship critical safety items.


209.270-1  Scope.

    This section--
    (a) Implements--
    (1) Section 802 of the National Defense Authorization Act for 
Fiscal Year 2004 (Pub. L. 108-136); and
    (2) Section 130 of the National Defense Authorization Act for 
Fiscal Year 2007 (Pub. L. 109-364); and
    (b) Prescribes policy and procedures for qualification requirements 
in the procurement of aviation and ship critical safety items and the 
modification, repair, and overhaul of those items.

0
3. Section 209.270-2 is amended by revising the definition of ``Design 
control activity'' and adding a definition of ``Ship critical safety 
item'' to read as follows:


209.270-2  Definitions.

* * * * *
    Design control activity--(1) With respect to an aviation critical 
safety item, means the systems command of a military department that is 
specifically responsible for ensuring the air worthiness of an aviation 
system or equipment in which an aviation critical safety item is to be 
used; and
    (2) With respect to a ship critical safety item, means the systems 
command of a military department that is specifically responsible for 
ensuring the seaworthiness of a ship or ship equipment in which a ship 
critical safety item is to be used.
    Ship critical safety item means any ship part, assembly, or support 
equipment containing a characteristic the failure, malfunction, or 
absence of which could cause--
    (1) A catastrophic or critical failure resulting in loss of or 
serious damage to the ship; or
    (2) An unacceptable risk of personal injury or loss of life.

0
4. Section 209.270-3 is revised to read as follows:


209.270-3  Policy.

    (a) The head of the contracting activity responsible for procuring 
an aviation or ship critical safety item may enter into a contract for 
the procurement, modification, repair, or overhaul of such an item only 
with a source approved by the head of the design control activity.
    (b) The approval authorities specified in this section apply 
instead of those otherwise specified in FAR 9.202(a)(1), 9.202(c), or 
9.206-1(c), for the procurement, modification, repair, and overhaul of 
aviation or ship critical safety items.

0
5. Section 209.270-4 is amended by revising paragraph (a) to read as 
follows:


209.270-4  Procedures.

    (a) The head of the design control activity shall--
    (1) Identify items that meet the criteria for designation as 
aviation or ship critical safety items. See additional information at 
PGI 209.270-4;
    (2) Approve qualification requirements in accordance with 
procedures established by the design control activity; and
    (3) Qualify and identify aviation and ship critical safety item 
suppliers and products.
* * * * *

PART 217--SPECIAL CONTRACTING METHODS

0
6. Section 217.7502 is amended in paragraph (b)(2) by revising the last 
sentence to read as follows:


217.7502  General.

* * * * *
    (b) * * *
    (2) * * * See 209.270 for requirements applicable to replenishment 
parts for aviation or ship critical safety items.
* * * * *

[[Page 1828]]

PART 246--QUALITY ASSURANCE

0
7. Section 246.407 is amended by revising paragraph (S-70) to read as 
follows:


246.407  Nonconforming supplies or services.

* * * * *
    (S-70) The head of the design control activity is the approval 
authority for acceptance of any nonconforming aviation or ship critical 
safety items or nonconforming modification, repair, or overhaul of such 
items (see 209.270). Authority for acceptance of minor nonconformances 
in aviation or ship critical safety items may be delegated as 
determined appropriate by the design control activity. See additional 
information at PGI 246.407.

0
8. Section 246.504 is revised to read as follows:


246.504  Certificate of conformance.

    Before authorizing a certificate of conformance for aviation or 
ship critical safety items, obtain the concurrence of the head of the 
design control activity (see 209.270).

 [FR Doc. E8-173 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P