[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Rules and Regulations]               
[Page 51189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se07-13]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212 and 234

RIN 0750-AF38

 
Defense Federal Acquisition Regulation Supplement; Acquisition of 
Major Weapon Systems as Commercial Items (DFARS Case 2006-D012)

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

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Section 803 of the National Defense Authorization Act for 
Fiscal Year 2006. Section 803 places limitations on the acquisition of 
a major weapon system as a commercial item.

EFFECTIVE DATE: September 6, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310; 
facsimile (703) 602-7887. Please cite DFARS Case 2006-D012.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 71 FR 58537 on October 4, 2006, to 
implement Section 803 of the National Defense Authorization Act for 
Fiscal Year 2006 (Pub. L. 109-163). Section 803 permits the treatment 
or acquisition of a major weapon system as a commercial item only if 
(1) The Secretary of Defense determines that the major weapon system 
meets the definition of commercial item at 41 U.S.C. 403(12) and such 
treatment is necessary to meet national security objectives; and (2) 
the congressional defense committees are notified at least 30 days 
before such treatment or acquisition occurs.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim rule as a final rule without change.
    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 certifies that this final 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., 
because the rule relates to internal DoD considerations regarding the 
acquisition of major weapon systems.

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.

List of Subjects in 48 CFR Parts 212 and 234

    Government procurement.

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

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 212 and 234, which 
was published at 71 FR 58537 on October 4, 2006, is adopted as a final 
rule without change.

 [FR Doc. E7-17428 Filed 9-5-07; 8:45 am]

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