80_FR_58860 80 FR 58671 - Defense Federal Acquisition Regulation Supplement: Warranty Tracking of Serialized Items (DFARS Case 2014-D026)

80 FR 58671 - Defense Federal Acquisition Regulation Supplement: Warranty Tracking of Serialized Items (DFARS Case 2014-D026)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 189 (September 30, 2015)

Page Range58671-58674
FR Document2015-24784

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require use of the electronic contract attachments accessible via the Product Deficiency Reporting and Evaluation Program to record and track warranty data and source of repair information for serialized items.

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015)
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58671-58674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24784]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 246 and 252

[Docket No. DARS-2015-0054]
RIN 0750-AI39


Defense Federal Acquisition Regulation Supplement: Warranty 
Tracking of Serialized Items (DFARS Case 2014-D026)

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to require use of the electronic contract 
attachments accessible via the Product Deficiency Reporting and 
Evaluation Program to record and track warranty data and source of 
repair information for serialized items.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before November 30, 2015, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2014-D026, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2014-D026'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2014-D026.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2014-D026'' on your attached document.
    [cir] Email: [email protected]. Include DFARS Case 2014-D026 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Kyoung Lee, OUSD(AT&L)DPAP/DARS, Room 3B941, 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 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. Kyoung Lee, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 8, 2011, DoD published a final rule in the Federal Register 
(76 FR 33166) to establish the requirements and formats for tracking 
warranties for items subject to Item Unique Identification (IUID) in 
the IUID registry in the DFARS. The rule added the provision at DFARS 
252.246-7005, Notice of Warranty Tracking of Serialized Items, and the 
clause at DFARS 252.246-7006, Warranty Tracking of Serialized Items, 
with standard contract attachments and instructions for reporting data 
necessary to track warranty information for each serialized item.
    On April 12, 2012, the Director, Defense Procurement Acquisition 
Policy (DPAP), issued a memorandum entitled

[[Page 58672]]

``Implementation of Defense Federal Acquisition Regulation Supplement 
Provision and Clause for Warranty Tracking of Serialized Items'' to 
encourage the use of a machine readable, fillable Adobe portable 
document format (PDF) for the electronic submission of warranty 
information required by the provision and clause. This memorandum also 
announced planned updates to the Product Deficiency Reporting and 
Evaluation Program (PDREP) to facilitate the electronic collection, 
storage and distribution of warranty data and provide for a common, 
searchable data source for enterprise warranty data.

II. Discussion and Analysis

    The electronic warranty attachments entitled ``Warranty Tracking 
Information'' and ``Source of Repair Instructions'' are now available 
in PDREP. The purpose of this proposed rule is to amend DFARS 246.710, 
DFARS clause 252.246-7005, Notice of Warranty Tracking of Serialized 
Items, and DFARS clause 252.246-7006, Warranty Tracking of Serialized 
Items, to make use of the electronic warranty attachments in PDREP 
mandatory for solicitations and contracts when warranty of serialized 
items is anticipated or required. This rule also clarifies the 
requirements for completion and submission of the warranty attachments.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 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). E.O. 
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 E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD expects that this proposed rule will not 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. 
However, an initial regulatory flexibility analysis has been prepared 
and is summarized as follows:
    The purpose of this proposed rule is to amend the DFARS to require 
the use of the electronic formats for the ``Warranty Tracking 
Information'' and ``Source of Repair Instructions'' attachments, 
required for use in tracking the warranties of serialized items by the 
provision at DFARS 252.246-7005, Notice of Warranty Tracking of 
Serialized Items, and the clause at DFARS 252.246-7006, Warranty 
Tracking of Serialized Items.
    Use of the electronic formats will improve the process of 
collecting and sharing data on warranties provided by contractors on 
serialized items procured by DoD. Additionally, use of the electronic 
formats available via the Product Deficiency Reporting and Evaluation 
Program (PDREP) ensure the data elements for warranty terms are 
effectively transmitted through various systems such as: Electronic 
Document Access; Wide Area WorkFlow; the Invoice, Receipt, Acceptance 
and Property Transfer module; and the PDREP Warranty Tracking database.
    According to data available in the Federal Procurement Data System, 
in fiscal year (FY) 2014 DoD awarded 5,807 contracts that contain one 
or more warranty clauses. Subject matter experts within DoD estimate 
that almost twice as many solicitations (11,500) issued by DoD in FY 
2014 may have contained a warranty clause. It is also estimated that an 
average of four offers may have been received in response those 
solicitations, or 46,000 total offers. Of those responses, 
approximately 85%, or 39,100 responses, are estimated to be received 
from small businesses.
    This rule does not create any new reporting or recordkeeping 
requirements. Offerors and contractors are already required to complete 
the attachments in accordance with the provision at DFARS 252.246-7005, 
Notice of Warranty Tracking of Serialized Items, and the clause at 
DFARS 252.246-7006, Warranty Tracking of Serialized Items. Rather, this 
rule requires contractors and offerors to complete the warranty 
attachments using the specified electronic formats.
    It is estimated that fifty percent of the time (for approximately 
5,750 solicitations) the Government will specify the desired warranty 
terms, in which case the contractor provides the remaining data 
elements on the ``Warranty Tracking Information'' attachment and the 
``Source of Repair Instructions'' attachment with its proposal, at 
contract award, or at the point of delivery. The other fifty percent of 
the time, the Contractor will be required to specify all the warranty 
terms on the ``Warranty Tracking Information'' attachment and the 
``Source of Repair Instructions'' attachment.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. There are no known significant alternatives to the rule. 
The impact of this rule on small business is not expected to be 
significant.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2014-D026), in 
correspondence.

V. Paperwork Reduction Act

    The rule contains 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); however, these changes to the 
DFARS do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 0704-
0481, entitled Warranty Tracking of Serialized Items.

List of Subjects in 48 CFR Parts 246 and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 246 and 252 are proposed to be amended as 
follows:

0
1. The authority citation for parts 246 and 252 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 246--QUALITY ASSURANCE

0
2. Amend section 246.701 by--
0
a. Revising the section heading.
0
b. Adding introductory text.
0
c. Removing ``Duration, enterprise, enterprise identifier, fixed 
expiration, issuing agency, item type, starting event, serialized item, 
unique item identifier, usage, warranty administrator, warranty 
guarantor, warranty repair source, and warranty tracking are defined in 
the clause at 252.246-7006, Warranty Tracking of Serialized Items''; 
and
0
d. Adding, in alphabetical order, the definitions of Enterprise, 
Enterprise identifier, Issuing agency, Serialized item, Unique item 
identifier, and Warranty tracking.

[[Page 58673]]

    The additions read as follows:


246.701   Definitions.

    As used in this subpart--
* * * * *
    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.
    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.aimglobal.org/?Reg_Authority15459.
    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.
    Warranty tracking means the ability to trace a warranted item from 
delivery through completion of the effectivity of the warranty.
0
3. Amend section 246.710 by revising paragraph (3) to read as follows:


246.710   Solicitation provision and contract clauses.

* * * * *
    (3) When the solicitation includes the clause at 252.211-7003, Item 
Unique Identification and Valuation, which is prescribed in 211.274-
6(a), and it is anticipated that the resulting contract will include a 
warranty for serialized items--
    (i) Use the provision at 252.246-7005, Notice of Warranty Tracking 
of Serialized Items, in the solicitation if the Government does not 
specify a warranty and offerors will be required to enter data with the 
offer;
    (ii) Use the clause at 252.246-7006, Warranty Tracking of 
Serialized Items, in the solicitation and contract; and
    (iii) Include the following warranty attachments, available at 
https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm, in the 
solicitation and contract and see 246.710-70:
    (A) Warranty Tracking Information.
    (B) Source of Repair Instructions.
0
4. Revise section 246.710-70 to read as follows:


246.710-70   Warranty attachments.

    Follow the procedures at PGI 246.710-70 regarding warranty 
attachments.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211-7003 
[AMENDED]

0
5. Amend section 252.211-7003 by--
0
a. Removing the clause date ``(DEC 2013)'' and adding ``(DATE)'' in its 
place; and
0
b. In paragraph (a), in the definition of ``Issuing agency,'' removing 
``http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm under `Register.' '' and adding ``http://www.aimglobal.org/?Reg_Authority15459.'' in its place.
0
6. Amend section 252.246-7005 by--
0
a. In the introductory text, removing ``246.710(3)(i)(A)'' and adding 
``246.710(3)(i)'' in its place;
0
b. Removing the clause date ``(JUN 2011)'' and adding ``(DATE)'' in its 
place; and
0
c. Revising paragraphs (a) and (b).
    The revisions read as follows:


252.246-7005   Notice of Warranty Tracking of Serialized Items.

* * * * *
    (a) Definitions. Duration, enterprise, enterprise identifier, fixed 
expiration, item type, serialized item, starting event, unique item 
identifier, usage, warranty administrator, warranty guarantor, 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. (1) 
The Offeror shall provide the information required by the attachment 
entitled ``Warranty Tracking Information'' on each contract line item 
number, subline item number, or exhibit line item number for warranted 
items with its offer. Information required in the warranty attachment 
for each warranted item shall include such information as duration, 
fixed expiration, item type, starting event, usage, warranty 
administrator enterprise identifier, and warranty guarantor enterprise 
identifier.
    (2) The successful offeror will be required to provide the 
following information no later than when the warranted items are 
presented for receipt and/or acceptance, in accordance with the clause 
at 252.246-7006--
    (A) The unique item identifier for each warranted item required by 
the attachment entitled ``Warranty Tracking Information;'' and
    (B) All information required by the attachment entitled ``Source of 
Repair Instructions'' for each warranted item.
    (3) For additional information on warranty attachments, see the 
``Warranty and Source of Repair'' training and ``Warranty and Source of 
Repair Tracking User Guide'' accessible on the Product Data Reporting 
and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.

(End of provision)
0
7. Amend section 252.246-7006 by--
0
a. In the introductory text, removing ``246.710(3)(i)(B)'' and adding 
``246.710(3)(ii)'' in its place;
0
b. Removing the clause date ``(JUN 2011)'' and adding ``(DATE)'' in its 
place;
0
c. In paragraph (a)--
0
i. In the definition of ``Issuing agency,'' removing ``http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm'' and adding ``http://www.aimglobal.org/?Reg_Authority15459'' in its place.
0
ii. In the definition of ``Starting event,'' adding ``, such as first 
use or upon installation'' after ``warranty''; and
0
d. Revising paragraph (b).
    The revision reads as follows:


252.246-7006   Warranty Tracking of Serialized Items.

* * * * *
    (b) Reporting of data for warranty tracking and administration. (1) 
The Contractor shall provide the information required by the attachment 
entitled ``Warranty Tracking Information'' on each contract line item 
number, subline item number, or exhibit line item number for warranted 
items no later than the time of award. Information required in the 
warranty attachment shall include such information as duration, fixed 
expiration, item type, starting event, usage, warranty administrator 
enterprise identifier, and warranty guarantor enterprise identifier.

[[Page 58674]]

    (2) The Contractor shall provide the following information no later 
than when the warranted items are presented for receipt and/or 
acceptance--
    (A) The unique item identifier for each warranted item required by 
the attachment entitled ``Warranty Tracking Information;'' and
    (B) The warranty repair source information and instructions for 
each warranted item required by the attachment entitled ``Source of 
Repair Instructions.''
    (3) 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.
    (4) For additional information on warranty attachments, see the 
``Warranty and Source of Repair'' training and ``Warranty and Source of 
Repair Tacking User Guide'' accessible on the Product Data Reporting 
and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.
* * * * *
[FR Doc. 2015-24784 Filed 9-29-15; 8:45 am]
 BILLING CODE 5001-06-P



                                                                      Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules                                         58671

                                                    831 of Public Law 101–510, as amended, may              approved business plan or any remedial                attachments accessible via the Product
                                                    count toward its small disadvantaged                    action directed by the SBA.                           Deficiency Reporting and Evaluation
                                                    business goal, subcontracts awarded to—                    (3) If the competition is to be limited to         Program to record and track warranty
                                                       (1) Protege firms which are qualified                8(a) concerns within one or more specific
                                                                                                                                                                  data and source of repair information for
                                                    organizations employing the severely                    SBA regions or districts, then the offeror’s
                                                    disabled; and                                           approved business plan is on the file and             serialized items.
                                                       (2) Former protege firms that meet the               serviced by lllll.                                    DATES: Comments on the proposed rule
                                                    criteria in section 831(g)(4) of Public Law             [Contracting Officer completes by inserting           should be submitted in writing to the
                                                    101–510.                                                the appropriate SBA District and/or Regional          address shown below on or before
                                                       (d) The master plan is approved by the               Office(s) as identified by the SBA.]                  November 30, 2015, to be considered in
                                                    Contractor’s cognizant contract                            (b) By submission of its offer, the Offeror        the formation of a final rule.
                                                    administration activity.                                represents that it meets all of the criteria set
                                                       (e) In those subcontracting plans which                                                                    ADDRESSES: Submit comments
                                                                                                            forth in paragraph (a) of this clause.
                                                    specifically identify small businesses, the                                                                   identified by DFARS Case 2014–D026,
                                                                                                               (c) Any award resulting from this
                                                    Contractor shall notify the Administrative              solicitation will be made directly by the             using any of the following methods:
                                                    Contracting Officer of any substitutions of             Contracting Officer to the successful 8(a)               Æ Regulations.gov: http://
                                                    firms that are not small business firms, for            offeror selected through the evaluation               www.regulations.gov. Submit comments
                                                    the small business firms specifically                   criteria set forth in this solicitation.              via the Federal eRulemaking portal by
                                                    identified in the subcontracting plan.                     (d)(1) Agreement. A small business                 entering ‘‘DFARS Case 2014–D026’’
                                                    Notifications shall be in writing and shall
                                                    occur within a reasonable period of time after
                                                                                                            concern submitting an offer in its own name           under the heading ‘‘Enter keyword or
                                                                                                            shall furnish, in performing the contract,            ID’’ and selecting ‘‘Search.’’ Select the
                                                    award of the subcontract. Contractor-
                                                                                                            only end items manufactured or produced by            link ‘‘Submit a Comment’’ that
                                                    specified formats shall be acceptable.
                                                                                                            small business concerns in the United States          corresponds with ‘‘DFARS Case 2014–
                                                       (f)(1) For DoD, the Contractor shall submit
                                                                                                            or its outlying areas, unless—
                                                    reports in eSRS as follows:
                                                                                                               (i) The Small Business Administration has
                                                                                                                                                                  D026.’’ Follow the instructions provided
                                                       (i) The Standard Form 294, Subcontracting                                                                  at the ‘‘Submit a Comment’’ screen.
                                                                                                            determined that there are no small business
                                                    Report for Individual Contracts, shall be                                                                     Please include your name, company
                                                                                                            manufactures or processors in the Federal
                                                    submitted in accordance with the                                                                              name (if any), and ‘‘DFARS Case 2014–
                                                                                                            market place in accordance with FAR
                                                    instructions on that form.
                                                       (ii) An SSR for other than a commercial              19.502–2(c);                                          D026’’ on your attached document.
                                                    subcontracting plan, or construction and                   (ii) The acquisition is processed under               Æ Email: osd.dfars@mail.mil. Include
                                                    related maintenance repair contracts, shall be          simplified acquisition procedures and the             DFARS Case 2014–D026 in the subject
                                                    submitted in eSRS to the department or                  total amount of this contract does not exceed         line of the message.
                                                    agency within DoD that administers the                  $25,000, in which case a small business                  Æ Fax: 571–372–6094.
                                                    majority of the Contractor’s individual                 concern may furnish the product of any                   Æ Mail: Defense Acquisition
                                                                                                            domestic firm; or
                                                    subcontracting plans. An example would be                                                                     Regulations System, Attn: Ms. Kyoung
                                                    Defense Finance and Accounting Service or                  (iii) The acquisition is a construction or
                                                                                                            service contract.                                     Lee, OUSD(AT&L)DPAP/DARS, Room
                                                    Missile Defense Agency.                                                                                       3B941, 3060 Defense Pentagon,
                                                       (2) For DoD, the authority to acknowledge               (2) The lllll [insert name of SBA’s
                                                                                                            contractor] will notify the lllll [insert             Washington, DC 20301–3060.
                                                    receipt or reject reports in eSRS is as follows:
                                                       (i) Except as provided in paragraph (f)(2)(ii)       name of contracting agency] Contracting                  Comments received generally will be
                                                    of this clause, the authority to acknowledge            Officer in writing immediately upon entering          posted without change to http://
                                                    receipt or reject SSRs in eSRS resides with             an agreement (either oral or written) to              www.regulations.gov, including any
                                                    the SSR Coordinator at the department or                transfer all or part of its stock or other            personal information provided. To
                                                    agency that administers the majority of the             ownership interest to any other party.                confirm receipt of your comment(s),
                                                    Contractor’s individual subcontracting plans.           (End of clause)                                       please check www.regulations.gov,
                                                       (ii) The authority to acknowledge receipt or                                                               approximately two to three days after
                                                                                                            [FR Doc. 2015–24787 Filed 9–29–15; 8:45 am]
                                                    reject SSRs for construction and related                                                                      submission to verify posting (except
                                                    maintenance and repair contracts resides                BILLING CODE 5001–06–P
                                                    with the SSR Coordinator for each
                                                                                                                                                                  allow 30 days for posting of comments
                                                    department or agency.                                                                                         submitted by mail).
                                                                                                            DEPARTMENT OF DEFENSE                                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                    (End of clause)                                                                                               Kyoung Lee, telephone 571–372–6093.
                                                    ■ 5. Revise section 252.219–7010 to                     Defense Acquisition Regulations                       SUPPLEMENTARY INFORMATION:
                                                    read as follows:                                        System
                                                                                                                                                                  I. Background
                                                    252.219–7010 Notification of Competition
                                                    Limited to Eligible 8(a) Concerns—                      48 CFR Parts 246 and 252                                 On June 8, 2011, DoD published a
                                                    Partnership Agreement.                                  [Docket No. DARS–2015–0054]                           final rule in the Federal Register (76 FR
                                                      As prescribed in 219.811–3(2), use the                                                                      33166) to establish the requirements and
                                                    following clause:                                       RIN 0750–AI39                                         formats for tracking warranties for items
                                                                                                                                                                  subject to Item Unique Identification
                                                    Notification of Competition Limited to                  Defense Federal Acquisition
                                                                                                                                                                  (IUID) in the IUID registry in the
                                                    Eligible 8(a) Concerns—Partnership                      Regulation Supplement: Warranty
                                                                                                                                                                  DFARS. The rule added the provision at
                                                    Agreement (Date)                                        Tracking of Serialized Items (DFARS
                                                                                                                                                                  DFARS 252.246–7005, Notice of
                                                                                                            Case 2014–D026)
                                                      (a) Offers are solicited only from small                                                                    Warranty Tracking of Serialized Items,
                                                    business concerns expressly certified by the                                                                  and the clause at DFARS 252.246–7006,
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            AGENCY:  Defense Acquisition
                                                    Small Business Administration (SBA) for                 Regulations System, Department of                     Warranty Tracking of Serialized Items,
                                                    participation in the SBA’s 8(a) Program and                                                                   with standard contract attachments and
                                                                                                            Defense (DoD).
                                                    which meet the following criteria at the time
                                                                                                            ACTION: Proposed rule.                                instructions for reporting data necessary
                                                    of submission of offer:
                                                      (1) The Offeror is in conformance with the                                                                  to track warranty information for each
                                                    8(a) support limitation set forth in its                SUMMARY:  DoD is proposing to amend                   serialized item.
                                                    approved business plan.                                 the Defense Federal Acquisition                          On April 12, 2012, the Director,
                                                      (2) The Offeror is in conformance with the            Regulation Supplement (DFARS) to                      Defense Procurement Acquisition Policy
                                                    Business Activity Targets set forth in its              require use of the electronic contract                (DPAP), issued a memorandum entitled


                                               VerDate Sep<11>2014   17:54 Sep 29, 2015   Jkt 235001   PO 00000   Frm 00036   Fmt 4702   Sfmt 4702   E:\FR\FM\30SEP1.SGM   30SEP1


                                                    58672             Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules

                                                    ‘‘Implementation of Defense Federal                        The purpose of this proposed rule is               terms on the ‘‘Warranty Tracking
                                                    Acquisition Regulation Supplement                       to amend the DFARS to require the use                 Information’’ attachment and the
                                                    Provision and Clause for Warranty                       of the electronic formats for the                     ‘‘Source of Repair Instructions’’
                                                    Tracking of Serialized Items’’ to                       ‘‘Warranty Tracking Information’’ and                 attachment.
                                                    encourage the use of a machine                          ‘‘Source of Repair Instructions’’                        The rule does not duplicate, overlap,
                                                    readable, fillable Adobe portable                       attachments, required for use in tracking             or conflict with any other Federal rules.
                                                    document format (PDF) for the                           the warranties of serialized items by the             There are no known significant
                                                    electronic submission of warranty                       provision at DFARS 252.246–7005,                      alternatives to the rule. The impact of
                                                    information required by the provision                   Notice of Warranty Tracking of                        this rule on small business is not
                                                    and clause. This memorandum also                        Serialized Items, and the clause at                   expected to be significant.
                                                    announced planned updates to the                        DFARS 252.246–7006, Warranty                             DoD invites comments from small
                                                    Product Deficiency Reporting and                        Tracking of Serialized Items.                         business concerns and other interested
                                                    Evaluation Program (PDREP) to facilitate                   Use of the electronic formats will                 parties on the expected impact of this
                                                    the electronic collection, storage and                  improve the process of collecting and                 rule on small entities.
                                                    distribution of warranty data and                       sharing data on warranties provided by                   DoD will also consider comments
                                                    provide for a common, searchable data                   contractors on serialized items procured              from small entities concerning the
                                                    source for enterprise warranty data.                    by DoD. Additionally, use of the                      existing regulations in subparts affected
                                                                                                            electronic formats available via the                  by this rule in accordance with 5 U.S.C.
                                                    II. Discussion and Analysis                             Product Deficiency Reporting and                      610. Interested parties must submit such
                                                       The electronic warranty attachments                  Evaluation Program (PDREP) ensure the                 comments separately and should cite 5
                                                    entitled ‘‘Warranty Tracking                            data elements for warranty terms are                  U.S.C. 610 (DFARS Case 2014–D026), in
                                                    Information’’ and ‘‘Source of Repair                    effectively transmitted through various               correspondence.
                                                    Instructions’’ are now available in                     systems such as: Electronic Document
                                                    PDREP. The purpose of this proposed                                                                           V. Paperwork Reduction Act
                                                                                                            Access; Wide Area WorkFlow; the
                                                    rule is to amend DFARS 246.710,                         Invoice, Receipt, Acceptance and                         The rule contains information
                                                    DFARS clause 252.246–7005, Notice of                    Property Transfer module; and the                     collection requirements that require the
                                                    Warranty Tracking of Serialized Items,                  PDREP Warranty Tracking database.                     approval of the Office of Management
                                                    and DFARS clause 252.246–7006,                             According to data available in the                 and Budget under the Paperwork
                                                    Warranty Tracking of Serialized Items,                  Federal Procurement Data System, in                   Reduction Act (44 U.S.C chapter 35);
                                                    to make use of the electronic warranty                  fiscal year (FY) 2014 DoD awarded                     however, these changes to the DFARS
                                                    attachments in PDREP mandatory for                      5,807 contracts that contain one or more              do not impose additional information
                                                    solicitations and contracts when                        warranty clauses. Subject matter experts              collection requirements to the
                                                    warranty of serialized items is                         within DoD estimate that almost twice                 paperwork burden previously approved
                                                    anticipated or required. This rule also                 as many solicitations (11,500) issued by              under OMB Control Number 0704–0481,
                                                    clarifies the requirements for                          DoD in FY 2014 may have contained a                   entitled Warranty Tracking of Serialized
                                                    completion and submission of the                        warranty clause. It is also estimated that            Items.
                                                    warranty attachments.                                   an average of four offers may have been
                                                                                                            received in response those solicitations,             List of Subjects in 48 CFR Parts 246 and
                                                    III. Executive Orders 12866 and 13563                   or 46,000 total offers. Of those                      252
                                                       Executive Orders (E.O.s) 12866 and                   responses, approximately 85%, or                        Government procurement.
                                                    13563 direct agencies to assess all costs               39,100 responses, are estimated to be                 Jennifer L. Hawes,
                                                    and benefits of available regulatory                    received from small businesses.
                                                                                                                                                                  Editor, Defense Acquisition Regulations
                                                    alternatives and, if regulation is                         This rule does not create any new
                                                                                                                                                                  System.
                                                    necessary, to select regulatory                         reporting or recordkeeping
                                                                                                                                                                    Therefore, 48 CFR parts 246 and 252
                                                    approaches that maximize net benefits                   requirements. Offerors and contractors
                                                                                                                                                                  are proposed to be amended as follows:
                                                    (including potential economic,                          are already required to complete the
                                                                                                            attachments in accordance with the                    ■ 1. The authority citation for parts 246
                                                    environmental, public health and safety
                                                    effects, distributive impacts, and                      provision at DFARS 252.246–7005,                      and 252 continues to read as follows:
                                                    equity). E.O. 13563 emphasizes the                      Notice of Warranty Tracking of                          Authority: 41 U.S.C. 1303 and 48 CFR
                                                    importance of quantifying both costs                    Serialized Items, and the clause at                   chapter 1.
                                                    and benefits, of reducing costs, of                     DFARS 252.246–7006, Warranty
                                                    harmonizing rules, and of promoting                     Tracking of Serialized Items. Rather,                 PART 246—QUALITY ASSURANCE
                                                    flexibility. This is not a significant                  this rule requires contractors and                    ■  2. Amend section 246.701 by—
                                                    regulatory action and, therefore, was not               offerors to complete the warranty                     ■  a. Revising the section heading.
                                                    subject to review under section 6(b) of                 attachments using the specified                       ■  b. Adding introductory text.
                                                    E.O. 12866, Regulatory Planning and                     electronic formats.                                   ■  c. Removing ‘‘Duration, enterprise,
                                                    Review, dated September 30, 1993. This                     It is estimated that fifty percent of the          enterprise identifier, fixed expiration,
                                                    rule is not a major rule under 5 U.S.C.                 time (for approximately 5,750                         issuing agency, item type, starting event,
                                                    804.                                                    solicitations) the Government will                    serialized item, unique item identifier,
                                                                                                            specify the desired warranty terms, in                usage, warranty administrator, warranty
                                                    IV. Regulatory Flexibility Act                          which case the contractor provides the                guarantor, warranty repair source, and
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                                                       DoD expects that this proposed rule                  remaining data elements on the                        warranty tracking are defined in the
                                                    will not have a significant economic                    ‘‘Warranty Tracking Information’’                     clause at 252.246–7006, Warranty
                                                    impact on a substantial number of small                 attachment and the ‘‘Source of Repair                 Tracking of Serialized Items’’; and
                                                    entities within the meaning of the                      Instructions’’ attachment with its                    ■ d. Adding, in alphabetical order, the
                                                    Regulatory Flexibility Act 5 U.S.C. 601,                proposal, at contract award, or at the                definitions of Enterprise, Enterprise
                                                    et seq. However, an initial regulatory                  point of delivery. The other fifty percent            identifier, Issuing agency, Serialized
                                                    flexibility analysis has been prepared                  of the time, the Contractor will be                   item, Unique item identifier, and
                                                    and is summarized as follows:                           required to specify all the warranty                  Warranty tracking.


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                                                                      Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules                                         58673

                                                        The additions read as follows:                         (i) Use the provision at 252.246–7005,   warranty attachment for each warranted
                                                                                                            Notice of Warranty Tracking of              item shall include such information as
                                                    246.701    Definitions.                                 Serialized Items, in the solicitation if    duration, fixed expiration, item type,
                                                       As used in this subpart—                             the Government does not specify a           starting event, usage, warranty
                                                    *      *     *     *    *                               warranty and offerors will be required to   administrator enterprise identifier, and
                                                       Enterprise means the entity (e.g., a                 enter data with the offer;                  warranty guarantor enterprise identifier.
                                                    manufacturer or vendor) responsible for                    (ii) Use the clause at 252.246–7006,        (2) The successful offeror will be
                                                    granting the warranty and/or assigning                  Warranty Tracking of Serialized Items,      required to provide the following
                                                    unique item identifiers to serialized                   in the solicitation and contract; and       information no later than when the
                                                    warranty items.                                            (iii) Include the following warranty     warranted items are presented for
                                                       Enterprise identifier means a code                   attachments, available at https://          receipt and/or acceptance, in
                                                    that is uniquely assigned to an                         www.pdrep.csd.disa.mil/pdrep_files/         accordance with the clause at 252.246–
                                                    enterprise by an issuing agency.                        other/wsr.htm, in the solicitation and      7006—
                                                       Issuing agency means an organization                 contract and see 246.710–70:                   (A) The unique item identifier for
                                                    responsible for assigning a globally                      (A) Warranty Tracking Information.        each warranted item required by the
                                                    unique identifier to an enterprise (e.g.,                 (B) Source of Repair Instructions.        attachment entitled ‘‘Warranty Tracking
                                                    Dun & Bradstreet’s Data Universal                       ■ 4. Revise section 246.710–70 to read      Information;’’ and
                                                    Numbering System (DUNS) Number,                         as follows:                                    (B) All information required by the
                                                    GS1 Company Prefix, Allied Committee                                                                attachment entitled ‘‘Source of Repair
                                                                                                            246.710–70 Warranty attachments.
                                                    135 NATO Commercial and                                                                             Instructions’’ for each warranted item.
                                                    Government Entity (NCAGE)/                                 Follow the procedures at PGI                (3) For additional information on
                                                    Commercial and Government Entity                        246.710–70 regarding warranty               warranty attachments, see the
                                                    (CAGE) Code, or the Coded                               attachments.                                ‘‘Warranty and Source of Repair’’
                                                    Representation of the North American                                                                training and ‘‘Warranty and Source of
                                                                                                            PART 252—SOLICITATION
                                                    Telecommunications Industry                                                                         Repair Tracking User Guide’’ accessible
                                                                                                            PROVISIONS AND CONTRACT
                                                    Manufacturers, Suppliers, and Related                                                               on the Product Data Reporting and
                                                                                                            CLAUSES 252.211–7003 [AMENDED]
                                                    Service Companies (ATIS–0322000)                                                                    Evaluation Program (PDREP) Web site at
                                                    Number), European Health Industry                       ■ 5. Amend section 252.211–7003 by—         https://www.pdrep.csd.disa.mil/pdrep_
                                                    Business Communication Council                          ■ a. Removing the clause date ‘‘(DEC        files/other/wsr.htm.
                                                    (EHIBCC) and Health Industry Business                   2013)’’ and adding ‘‘(DATE)’’ in its        (End of provision)
                                                    Communication Council (HIBCC)), as                      place; and                                  ■ 7. Amend section 252.246–7006 by—
                                                    indicated in the Register of Issuing                    ■ b. In paragraph (a), in the definition of ■ a. In the introductory text, removing
                                                    Agency Codes for ISO/IEC 15459,                         ‘‘Issuing agency,’’ removing ‘‘http://      ‘‘246.710(3)(i)(B)’’ and adding
                                                    located at http://www.aimglobal.org/                    www.nen.nl/Normontwikkeling/                ‘‘246.710(3)(ii)’’ in its place;
                                                    ?Reg_Authority15459.                                    Certificatieschemas-en-keurmerken/          ■ b. Removing the clause date ‘‘(JUN
                                                       Serialized item means each item                      Schemabeheer/ISOIEC-15459.htm under 2011)’’ and adding ‘‘(DATE)’’ in its
                                                    produced is assigned a serial number                    ‘Register.’ ’’ and adding ‘‘http://         place;
                                                    that is unique among all the collective                 www.aimglobal.org/?Reg_                     ■ c. In paragraph (a)—
                                                    tangible items produced by the                          Authority15459.’’ in its place.             ■ i. In the definition of ‘‘Issuing
                                                    enterprise, or each item of a particular                ■ 6. Amend section 252.246–7005 by—         agency,’’ removing ‘‘http://www.nen.nl/
                                                    part, lot, or batch number is assigned a                ■ a. In the introductory text, removing     Normontwikkeling/Certificatieschemas-
                                                    unique serial number within that part,                  ‘‘246.710(3)(i)(A)’’ and adding             en-keurmerken/Schemabeheer/ISOIEC-
                                                    lot, or batch number assignment within                  ‘‘246.710(3)(i)’’ in its place;             15459.htm’’ and adding ‘‘http://
                                                    the enterprise identifier. The enterprise               ■ b. Removing the clause date ‘‘(JUN        www.aimglobal.org/?Reg_
                                                    is responsible for ensuring unique                      2011)’’ and adding ‘‘(DATE)’’ in its        Authority15459’’ in its place.
                                                    serialization within the enterprise                     place; and                                  ■ ii. In the definition of ‘‘Starting
                                                    identifier or within the part, lot, or                  ■ c. Revising paragraphs (a) and (b).       event,’’ adding ‘‘, such as first use or
                                                    batch numbers, and that serial numbers,                    The revisions read as follows:           upon installation’’ after ‘‘warranty’’; and
                                                    once assigned, are never used again.                                                                ■ d. Revising paragraph (b).
                                                                                                            252.246–7005 Notice of Warranty Tracking       The revision reads as follows:
                                                       Unique item identifier means a set of                of Serialized Items.
                                                    data elements marked on an item that is
                                                                                                            *      *    *     *      *                            252.246–7006 Warranty Tracking of
                                                    globally unique and unambiguous.                                                                              Serialized Items.
                                                       Warranty tracking means the ability to                  (a) Definitions. Duration, enterprise,
                                                    trace a warranted item from delivery                    enterprise identifier, fixed expiration,              *      *    *     *    *
                                                    through completion of the effectivity of                item type, serialized item, starting event,              (b) Reporting of data for warranty
                                                    the warranty.                                           unique item identifier, usage, warranty               tracking and administration. (1) The
                                                    ■ 3. Amend section 246.710 by revising                  administrator, warranty guarantor, and                Contractor shall provide the information
                                                    paragraph (3) to read as follows:                       warranty tracking are defined in the                  required by the attachment entitled
                                                                                                            clause at 252.246–7006, Warranty                      ‘‘Warranty Tracking Information’’ on
                                                    246.710 Solicitation provision and                      Tracking of Serialized Items.                         each contract line item number, subline
                                                    contract clauses.                                          (b) Reporting of data for warranty                 item number, or exhibit line item
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                                                    *      *    *    *     *                                tracking and administration. (1) The                  number for warranted items no later
                                                       (3) When the solicitation includes the               Offeror shall provide the information                 than the time of award. Information
                                                    clause at 252.211–7003, Item Unique                     required by the attachment entitled                   required in the warranty attachment
                                                    Identification and Valuation, which is                  ‘‘Warranty Tracking Information’’ on                  shall include such information as
                                                    prescribed in 211.274–6(a), and it is                   each contract line item number, subline               duration, fixed expiration, item type,
                                                    anticipated that the resulting contract                 item number, or exhibit line item                     starting event, usage, warranty
                                                    will include a warranty for serialized                  number for warranted items with its                   administrator enterprise identifier, and
                                                    items—                                                  offer. Information required in the                    warranty guarantor enterprise identifier.


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                                                    58674             Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules

                                                       (2) The Contractor shall provide the                 INFORMATION CONTACT          by November 16,          of the Act to provide for conservation
                                                    following information no later than                     2015.                                                 measures for the elfin-woods warbler.
                                                    when the warranted items are presented                  ADDRESSES:    You may submit comments                    The basis for our action. Under the
                                                    for receipt and/or acceptance—                          by one of the following methods:                      Act, we may determine that a species is
                                                       (A) The unique item identifier for                      (1) Electronically: Go to the Federal              a threatened species based on any of
                                                    each warranted item required by the                     eRulemaking Portal: http://                           five factors: (A) The present or
                                                    attachment entitled ‘‘Warranty Tracking                 www.regulations.gov. In the Search box,               threatened destruction, modification, or
                                                    Information;’’ and                                      enter FWS–R4–ES–2015–0144, which is                   curtailment of its habitat or range; (B)
                                                       (B) The warranty repair source                       the docket number for this rulemaking.                overutilization for commercial,
                                                    information and instructions for each                   Click the Search button. Then, in the                 recreational, scientific, or educational
                                                    warranted item required by the                          Search panel on the left side of the                  purposes; (C) disease or predation; (D)
                                                    attachment entitled ‘‘Source of Repair                  screen, under the Document Type                       the inadequacy of existing regulatory
                                                    Instructions.’’                                         heading, click on the Proposed Rules                  mechanisms; or (E) other natural or
                                                       (3) The Contractor shall submit the                  link to locate this document. You may                 manmade factors affecting its continued
                                                    data for warranty tracking to the                       submit a comment by clicking on                       existence. We propose to list this
                                                    Contracting Officer with a copy to the                  ‘‘Comment Now!’’                                      species, which is currently at risk
                                                    requiring activity and the Contracting                     (2) By hard copy: Submit by U.S. mail              throughout all of its range due to threats
                                                    Officer Representative.                                 or hand-delivery to: Public Comments                  related to habitat modification on
                                                       (4) For additional information on                    Processing, Attn: FWS–R4–ES–2015–                     private lands under agricultural and
                                                    warranty attachments, see the                           0144; U.S. Fish and Wildlife Service,                 other land use requiring vegetation
                                                    ‘‘Warranty and Source of Repair’’                       MS: BPHC, 5275 Leesburg Pike, Falls                   clearance (Factor A). In addition, other
                                                    training and ‘‘Warranty and Source of                   Church, VA 22041–3803.                                natural or manmade factors, such as
                                                    Repair Tacking User Guide’’ accessible                     We request that you send comments                  restricted distribution and lack of
                                                    on the Product Data Reporting and                       only by the methods described above.                  connectivity, genetic drift, hurricanes,
                                                    Evaluation Program (PDREP) Web site at                  We will post all comments on http://                  and climate change, are considered
                                                    https://www.pdrep.csd.disa.mil/pdrep_                   www.regulations.gov. This generally                   threats (Factor E).
                                                    files/other/wsr.htm.                                    means that we will post any personal                     We will seek peer review. We will seek
                                                    *      *    *     *     *                               information you provide us (see Public                comments from independent specialists
                                                    [FR Doc. 2015–24784 Filed 9–29–15; 8:45 am]             Comments, below, for more                             to ensure that our determination is
                                                    BILLING CODE 5001–06–P                                  information).                                         based on scientifically sound data,
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      assumptions, and analyses. We will
                                                                                                            Marelisa Rivera, Deputy Field                         invite these peer reviewers to comment
                                                    DEPARTMENT OF THE INTERIOR                              Supervisor, U.S. Fish and Wildlife                    on this listing proposal.
                                                                                                            Service, Caribbean Ecological Services                Information Requested
                                                    Fish and Wildlife Service                               Field Office, P.O. Box 491, Road 301
                                                                                                            Km. 5.1, Boquerón, PR 00622; telephone               Public Comments
                                                    50 CFR Part 17                                          787–851–7297; facsimile 787–851–7440.                    We intend that any final action
                                                    [Docket. No. FWS–R4–ES–2015–0144;                       Persons who use a telecommunications                  resulting from this proposed rule will be
                                                    4500030113]                                             device for the deaf (TDD) may call the                based on the best scientific and
                                                    RIN 1018–BA94                                           Federal Information Relay Service                     commercial data available and be as
                                                                                                            (FIRS) at 800–877–8339.                               accurate and as effective as possible.
                                                    Endangered and Threatened Wildlife                      SUPPLEMENTARY INFORMATION:                            Therefore, we request comments or
                                                    and Plants; Threatened Species Status                                                                         information from other concerned
                                                                                                            Executive Summary                                     governmental agencies, the scientific
                                                    for the Elfin-woods Warbler
                                                                                                               Why we need to publish a rule. Under               community, industry, or any other
                                                    AGENCY:   Fish and Wildlife Service,                    the Endangered Species Act (Act), if we               interested parties concerning this
                                                    Interior.                                               determine that a species is an                        proposed rule. We particularly seek
                                                    ACTION: Proposed rule.                                  endangered or threatened species                      comments concerning:
                                                                                                            throughout all or a significant portion of               (1) The biology, range, and population
                                                    SUMMARY:    We, the U.S. Fish and                       its range, we are required to promptly                trends of the elfin-woods warbler,
                                                    Wildlife Service (Service), propose to                  publish a proposal in the Federal                     including:
                                                    list the elfin-woods warbler (Setophaga                 Register and make a determination on                     (a) Habitat requirements for feeding,
                                                    angelae), a bird species in Puerto Rico,                our proposal within 1 year. Listing a                 breeding, and sheltering;
                                                    as a threatened species under the                       species as an endangered or threatened                   (b) Genetics and taxonomy;
                                                    Endangered Species Act (Act). If we                     species can only be completed by                         (c) Historical and current range,
                                                    finalize this rule as proposed, it would                issuing a rule.                                       including distribution patterns;
                                                    extend the Act’s protections to this                       This rulemaking proposes the listing                  (d) Historical and current population
                                                    species.                                                of the elfin-woods warbler (Setophaga                 levels, and current and projected trends
                                                    DATES: We will accept comments                          angelae) as a threatened species. The                 (especially in El Yunque National Forest
                                                    received or postmarked on or before                     elfin-woods warbler is a candidate                    and Carite Commonwealth Forest); and
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                                                    November 30, 2015. Comments                             species for which we have on file                        (e) Past and ongoing conservation
                                                    submitted electronically using the                      sufficient information on biological                  measures for the species, its habitat or
                                                    Federal eRulemaking Portal (see                         vulnerability and threats to support                  both.
                                                    ADDRESSES, below) must be received by                   preparation of a listing proposal, but for               (2) Factors that may affect the
                                                    11:59 p.m. Eastern Time on the closing                  which development of a listing rule has               continued existence of the species,
                                                    date. We must receive requests for                      until now been precluded by other                     which may include habitat modification
                                                    public hearings, in writing, at the                     higher priority listing activities. We are            or destruction, overutilization, disease,
                                                    address shown in FOR FURTHER                            also proposing a rule under section 4(d)              predation, the inadequacy of existing


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Document Created: 2015-12-15 09:32:00
Document Modified: 2015-12-15 09:32:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule should be submitted in writing to
ContactMs. Kyoung Lee, telephone 571-372- 6093.
FR Citation80 FR 58671 
RIN Number0750-AI39
CFR Citation48 CFR 246
48 CFR 252

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