Defense Federal Acquisition Regulation Supplement; Radio Frequency Identification, 20726-20729 [05-7978]
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Federal Register / Vol. 70, No. 76 / Thursday, April 21, 2005 / Proposed Rules
of the situation described above. We
have examined the DGAC’s findings,
evaluated all pertinent information, and
determined that we need to issue an AD
for products of this type design that are
certificated for operation in the United
States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between the Proposed AD and French
Airworthiness Directive.’’
Difference Between the Proposed AD
and French Airworthiness Directive
The applicability of French
airworthiness directive F–2004–173,
dated October 27, 2004, excludes
airplanes that have accomplished
Airbus Service Bulletin A320–24–1062,
Revision 05, dated June 27, 2002, in
service. However, we have not excluded
those airplanes in the applicability of
this proposed AD; rather, this proposed
AD includes a requirement to
accomplish the actions specified in that
service bulletin. This requirement
would ensure that the actions specified
in the service bulletin and required by
this proposed AD are accomplished on
all affected airplanes. Operators must
continue to operate the airplane in the
configuration required by this proposed
AD unless an alternative method of
compliance is approved. This difference
has been coordinated with the DGAC.
Costs of Compliance
This proposed AD would affect about
54 airplanes of U.S. registry. The
proposed actions would take about 35
work hours per airplane, at an average
labor rate of $65 per work hour.
Required parts would cost about $0 per
airplane. Based on these figures, the
estimated cost of the proposed AD for
U.S. operators is $122,850, or $2,275 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
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safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Airbus: Docket No. FAA–2005–21023;
Directorate Identifier 2004–NM–262–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
May 23, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A320
series airplanes, certificated in any category,
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except those modified in production by
Airbus Modification 22626.
Unsafe Condition
(d) This AD was prompted by the results
of fuel system reviews conducted by the
manufacturer. We are issuing this AD to
prevent injection of high voltage current into
the low voltage wiring that passes through
the fuel tanks, which could result in a
possible fuel tank explosion.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Modification
(f) Within 60 months after the effective
date of this AD, install insulator and cable
ties to the electrical cables of the S routes at
the gaps in the raceway in the wing trailing
edge and the wing tip and wing root areas,
in accordance with Airbus Service Bulletin
A320–24–1062, Revision 05, dated June 27,
2002.
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Related Information
(h) French airworthiness directive F–2004–
173, dated October 27, 2004, also addresses
the subject of this AD.
Issued in Renton, Washington, on April 13,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–7997 Filed 4–20–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
48 CFR Parts 211, 212, and 252
[DFARS Case 2004–D011]
Defense Federal Acquisition
Regulation Supplement; Radio
Frequency Identification
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
policy pertaining to package marking
with passive radio frequency
identification (RFID) tags. The proposed
changes require contractors to affix
passive RFID tags at the case and
palletized unit load levels when
shipping packaged operational rations,
clothing, individual equipment, tools,
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personal demand items, or weapon
system repair parts, to the Defense
Distribution Depot in Susquehanna, PA,
or the Defense Distribution Depot in San
Joaquin, CA.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
20, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2004–D011,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2004–D011 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Michele
Peterson, OUSD(AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT:
Ms.
Michele Peterson, (703) 602–0311.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule contains
requirements for contractors to affix
passive RFID tags at the case and
palletized unit load levels. The
proposed rule requires that specified
commodities delivered to specified DoD
locations be tagged with a readable
passive RFID tag in accordance with the
applicable implementation plan at
https://www.dodrfid.org/
supplierimplementationplan.htm. The
data encoding schemes that contractors
may write to the tags are identified in
the proposed clause and are also located
at https://www.dodrfid.org/tagdata.htm.
In addition, contractors must send an
advance shipment notice in accordance
with the procedures at https://
www.dodrfid.org/asn.htm, to provide
the association between the unique
identification encoded on the passive
tag(s) and the product information at the
applicable case and palletized unit load
levels.
DoD is particularly interested in
receiving comments on the following
aspects of the rule:
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1. The definitions of the terms ‘‘case’’
and ‘‘palletized unit load’’ and their use
throughout the rule.
2. The impact of providing electronic
advance shipment notice information.
3. Whether small business
considerations have been fully
addressed in the regulatory flexibility
analysis.
4. Scientific, industry, or
manufacturing based evidence from
changes or additions to packaging or
package systems in order to assess the
possible impact, if any, on the
environment and materials recycling,
including corrugated, metal, and plastic
shipping containers and pallets.
5. What are the options for
minimizing and mitigating the impacts
on the materials recycling process from
the use of RFID tags on shipping
containers and pallets?
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule may have an
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. DoD has prepared a separate
initial regulatory flexibility analysis,
available at https://www.dodrfid.org/
regflex.htm, which is summarized as
follows:
This proposed rule adds requirements
for DoD contractors supplying materiel
to the Department to affix passive RFID
tags at the case and palletized unit load
levels for specified commodities
delivered to specified DoD locations. To
create an automated and sophisticated
end-to-end supply chain, DoD is
dependent upon initiating the
technology at the point of origin, the
DoD commercial suppliers. Without the
assistance of the DoD supplier base to
begin populating the DoD supply chain
with passive RFID tags, a fully
integrated, highly visible, automated
end-to-end supply chain is untenable.
DoD contractors are presently required
to print and affix military shipping
labels to every package delivered to
DoD. Options to comply with the
requirements of the proposed rule can
be as simple as replacing existing
military shipping label printers with
RFID-enabled printers. This will allow
DoD contractors to print military
shipping labels with embedded RFID
tags. The regulatory flexibility analysis
also details other options and
approximate costs to comply. The
proposed rule will also require
contractors to provide an electronic
advance shipment notice in accordance
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with the procedures at https://
www.dodrfid.org/asn.htm, to associate
RFID tag data with the corresponding
shipment. The objective of the rule is to
improve visibility of DoD assets in the
supply chain, increase accuracy of
shipments and receipts, and reduce the
number of logistic ‘‘touch points’’ in
order to decrease the amount of time it
takes to deliver material to the
warfighter. The rule does not duplicate,
overlap, or conflict with any other
Federal rules.
C. Paperwork Reduction Act
This proposed rule contains a new
information collection requirement.
DoD has submitted the following
proposal to OMB under the provisions
of the Paperwork Reduction Act (44
U.S.C. Chapter 35). Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of DoD, including whether the
information will have practical utility;
(b) the accuracy of the estimate of the
burden of the proposed information
collection; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
information collection on respondents,
including the use of automated
collection techniques or other forms of
information technology.
Title: Defense Federal Acquisition
Regulation Supplement (DFARS); Radio
Frequency Identification Advance
Shipment Notices.
Type of Request: New requirement.
Number of Respondents: 17,000.
Responses Per Respondent: 3,981.
Annual Responses: 67,677,000.
Average Burden Per Response:
Approximately 1.12 seconds.
Annual Burden Hours: 21,038.
Needs and Uses: DoD needs an
advance shipment notice prior to
shipment of materiel containing RFID
tag data. DoD receiving personnel use
the advance shipment notice to
associate the unique identification
encoded on the RFID tag with the
corresponding shipment. Use of RFID
technology permits DoD to create an
automated and sophisticated end-to-end
supply chain, thereby increasing
visibility of assets and permitting
delivery of supplies to the warfighter
more quickly.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Mr. Lewis
Oleinick.
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Written comments and
recommendations on the proposed
information collection should be sent to
Mr. Oleinick at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503,
with a copy to the Defense Acquisition
Regulations Council, Attn: Ms. Michele
Peterson, OUSD(AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Comments can be received from 30 to 60
days after the date of this notice, but
comments to OMB will be most useful
if received by OMB within 30 days after
the date of this notice.
To request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to Defense Acquisition
Regulations Council, Attn: Ms. Michele
Peterson, OUSD(AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 211, 212, and 252 as follows:
1. The authority citation for 48 CFR
parts 211, 212, and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Sections 211.275 through 211.275–
3 are added to read as follows:
Radio frequency identification.
Definitions.
Bulk commodities, case, palletized
unit load, passive RFID tag, and radio
frequency identification are defined in
the clause at 252.211–7XXX, Radio
Frequency Identification.
Policy.
Radio frequency identification (RFID),
in the form of a passive RFID tag, is
required for individual cases and
palletized unit loads that—
(a) Contain items in any of the
following classes of supply, as defined
in DoD 4140.1–R, DoD Supply Chain
Materiel Management Regulation,
AP1.1.11, except that bulk commodities
are excluded from this requirement:
(1) Subclass of Class I—Packaged
operational rations.
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212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(vii) Use the clause at 252.211–7XXX,
Radio Frequency Identification, as
prescribed in 211.275–3.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
PART 211—DESCRIBING AGENCY
NEEDS
211.275–2
Contract clause.
Use the clause at 252.211–7XXX,
Radio Frequency Identification, in
solicitations for contracts that will
require delivery of items meeting the
criteria at 211.275–2.
3. Section 212.301 is amended by
adding paragraph (f)(vii) to read as
follows:
Government procurement.
211.275–1
211.275–3
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
List of Subjects in 48 CFR Parts 211,
212, and 252
211.275
(2) Class II—Clothing, individual
equipment, tentage, organizational tool
kits, hand tools, and administrative and
housekeeping supplies and equipment.
(3) Class VI—Personal demand items
(non-military sales items).
(4) Class IX—Repair parts and
components including kits, assemblies
and subassemblies, reparable and
consumable items required for
maintenance support of all equipment,
excluding medical-peculiar repair parts;
and
(b) Will be delivered to one of the
following locations:
(1) Defense Distribution Depot,
Susquehanna, PA.
(2) Defense Distribution Depot, San
Joaquin, CA.
4. Section 252.211–7XXX is added to
read as follows:
252.211–7XXX
Identification.
Radio Frequency
As prescribed in 211.275–3, use the
following clause:
Radio Frequency Identification (XXX 2005)
(a) Definitions. As used in this clause—
Advance shipment notice means an
electronic notification used to list the
contents of a shipment of goods as well as
additional information relating to the
shipment, such as order information, product
description, physical characteristics, type of
packaging, marking, carrier information, and
configuration of goods within the
transportation equipment.
Bulk commodities means the following
commodities, when shipped in rail tank cars,
tanker trucks, trailers, other bulk wheeled
conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or
petroleum products).
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(4) Ready-mix concrete or similar
construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds,
grains, or animal feed.
Case means either an exterior container
within a palletized unit load or an individual
shipping container.
Electronic Product Code TM (EPC) means an
identification scheme for universally
identifying physical objects via RFID tags and
other means. The standardized EPC data
consists of an EPC (or EPC identifier) that
uniquely identifies an individual object, as
well as an optional filter value when judged
to be necessary to enable effective and
efficient reading of the EPC tags. In addition
to this standardized data, certain classes of
EPC tags will allow user-defined data. The
EPC tag data standards will define the length
and position of this data, without defining its
content.
EPCglobal TM means a joint venture
between EAN International and the Uniform
Code Council to establish and support the
EPC network as the global standard for
immediate, automatic, and accurate
identification of any item in the supply chain
of any company, in any industry, anywhere
in the world.
Exterior container means a MIL–STD–129
defined container, bundle, or assembly that
is sufficient by reason of material, design,
and construction to protect unit packs and
intermediate containers and their contents
during shipment and storage. It can be a unit
pack or a container with a combination of
unit packs or intermediate containers. An
exterior container may not be used as a
shipping container.
Palletized unit load means a MIL–STD–129
defined quantity of items, packed or
unpacked, arranged on a pallet in a specified
manner and secured, strapped, or fastened on
the pallet so that the whole palletized load
is handled as a single unit. A palletized load
is not considered to be a shipping container.
Passive RFID tag means a tag that reflects
energy from the reader/interrogator or that
receives and temporarily stores a small
amount of energy from the reader/
interrogator signal in order to generate the tag
response. Acceptable tags are—
(1) EPC Class 0 passive RFID tags that meet
the EPCglobal Class 0 specification;
(2) EPC Class 1 passive RFID tags that meet
the EPCglobal Class 1 specification; and
(3) EPC UHF Generation 2 passive RFID
tags that meet the EPCglobal UHF Generation
2 specification.
Radio Frequency Identification (RFID)
means an automatic identification and data
capture technology comprising one or more
reader/interrogators and one or more radio
frequency transponders in which data
transfer is achieved by means of suitably
modulated inductive or radiating
electromagnetic carriers.
Shipping container means a MIL–STD–129
defined exterior container that meets carrier
regulations and is of sufficient strength, by
reason of material, design, and construction,
to be shipped safely without further packing
(e.g., wooden boxes or crates, fiber and metal
drums, and corrugated and solid fiberboard
boxes).
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(b)(1) Except as provided in paragraph
(b)(2) of this clause, the Contractor shall affix
passive RFID tags, at the case and palletized
unit load packaging levels, for shipments of
items that—
(i) Are in any of the following classes of
supply, as defined in DoD 4140.1–R, DoD
Supply Chain Materiel Management
Regulation, AP1.1.11:
(A) Subclass of Class I—Packaged
operational rations.
(B) Class II—Clothing, individual
equipment, tentage, organizational tool kits,
hand tools, and administrative and
housekeeping supplies and equipment.
(C) Class VI—Personal demand items (nonmilitary sales items).
(D) Class IX—Repair parts and components
including kits, assemblies and subassemblies,
reparable and consumable items required for
maintenance support of all equipment,
excluding medical-peculiar repair parts; and
(ii) Are being shipped to—
(A) Defense Distribution Depot,
Susquehanna, PA; or
(B) Defense Distribution Depot, San
Joaquin, CA.
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(2) Bulk commodities are excluded from
the requirements of paragraph (b)(1) of this
clause.
(c) The Contractor shall ensure that—
(1) The data encoded on each passive RFID
tag are unique (i.e., the binary number is
never repeated on any contract) and
conforms to the requirements in paragraph
(d) of this clause;
(2) Each passive tag is readable at the time
of shipment in accordance with MIL–STD–
129P (Section 4.9.1.1) readability
performance requirements; and
(3) The passive tag is affixed at the
appropriate location on the specific level of
packaging, in accordance with MIL–STD–
129P (Section 4.9.2) tag placement
specifications.
(d) Data syntax and standards. The
Contractor shall use one or more of the
following data constructs, depending upon
the type of passive RFID tag being used in
accordance with the tag construct details
located at https://www.dodrfid.org/
tagdata.htm (version in effect as of the date
of the solicitation):
(1) Class 0, 64 Bit Tag—EPCglobal
Serialized Global Trade Item Number
(SGTIN), Global Returnable Asset Identifier
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20729
(GRAI), Global Individual Asset Identifier
(GIAI), or Serialized Shipment Container
Code (SSCC).
(2) Class 0, 64 Bit Tag—DoD Tag Construct.
(3) Class 1, 64 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(4) Class 1, 64 Bit Tag—DoD Tag Construct.
(5) Class 0, 96 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(6) Class 0, 96 Bit Tag—DoD Tag Construct.
(7) Class 1, 96 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(8) Class 1, 96 Bit Tag—DoD Tag Construct.
(9) UHF Generation 2 Tag—EPCglobal
SGTIN, GRAI, GIAI, SSCC.
(10) UHF Generation 2 Tag—DoD Tag
Construct.
(e) Receiving report. The Contractor shall
electronically submit advance shipment
notice(s) with the RFID tag identification
(specified in paragraph (d) of this clause) in
advance of the shipment in accordance with
the procedures at https://www.dodrfid.org/
asn.htm.
(End of clause)
[FR Doc. 05–7978 Filed 4–20–05; 8:45 am]
BILLING CODE 5001–08–P
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]]>Agencies
[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Proposed Rules]
[Pages 20726-20729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7978]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 211, 212, and 252
[DFARS Case 2004-D011]
Defense Federal Acquisition Regulation Supplement; Radio
Frequency Identification
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add policy pertaining to package
marking with passive radio frequency identification (RFID) tags. The
proposed changes require contractors to affix passive RFID tags at the
case and palletized unit load levels when shipping packaged operational
rations, clothing, individual equipment, tools,
[[Page 20727]]
personal demand items, or weapon system repair parts, to the Defense
Distribution Depot in Susquehanna, PA, or the Defense Distribution
Depot in San Joaquin, CA.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 20, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2004-D011,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2004-D011 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Michele Peterson, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, (703) 602-0311.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule contains requirements for contractors to affix
passive RFID tags at the case and palletized unit load levels. The
proposed rule requires that specified commodities delivered to
specified DoD locations be tagged with a readable passive RFID tag in
accordance with the applicable implementation plan at https://
www.dodrfid.org/supplierimplementationplan.htm. The data encoding
schemes that contractors may write to the tags are identified in the
proposed clause and are also located at https://www.dodrfid.org/
tagdata.htm. In addition, contractors must send an advance shipment
notice in accordance with the procedures at https://www.dodrfid.org/
asn.htm, to provide the association between the unique identification
encoded on the passive tag(s) and the product information at the
applicable case and palletized unit load levels.
DoD is particularly interested in receiving comments on the
following aspects of the rule:
1. The definitions of the terms ``case'' and ``palletized unit
load'' and their use throughout the rule.
2. The impact of providing electronic advance shipment notice
information.
3. Whether small business considerations have been fully addressed
in the regulatory flexibility analysis.
4. Scientific, industry, or manufacturing based evidence from
changes or additions to packaging or package systems in order to assess
the possible impact, if any, on the environment and materials
recycling, including corrugated, metal, and plastic shipping containers
and pallets.
5. What are the options for minimizing and mitigating the impacts
on the materials recycling process from the use of RFID tags on
shipping containers and pallets?
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule may have an impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. DoD has prepared a separate initial regulatory
flexibility analysis, available at https://www.dodrfid.org/regflex.htm,
which is summarized as follows:
This proposed rule adds requirements for DoD contractors supplying
materiel to the Department to affix passive RFID tags at the case and
palletized unit load levels for specified commodities delivered to
specified DoD locations. To create an automated and sophisticated end-
to-end supply chain, DoD is dependent upon initiating the technology at
the point of origin, the DoD commercial suppliers. Without the
assistance of the DoD supplier base to begin populating the DoD supply
chain with passive RFID tags, a fully integrated, highly visible,
automated end-to-end supply chain is untenable. DoD contractors are
presently required to print and affix military shipping labels to every
package delivered to DoD. Options to comply with the requirements of
the proposed rule can be as simple as replacing existing military
shipping label printers with RFID-enabled printers. This will allow DoD
contractors to print military shipping labels with embedded RFID tags.
The regulatory flexibility analysis also details other options and
approximate costs to comply. The proposed rule will also require
contractors to provide an electronic advance shipment notice in
accordance with the procedures at https://www.dodrfid.org/asn.htm, to
associate RFID tag data with the corresponding shipment. The objective
of the rule is to improve visibility of DoD assets in the supply chain,
increase accuracy of shipments and receipts, and reduce the number of
logistic ``touch points'' in order to decrease the amount of time it
takes to deliver material to the warfighter. The rule does not
duplicate, overlap, or conflict with any other Federal rules.
C. Paperwork Reduction Act
This proposed rule contains a new information collection
requirement. DoD has submitted the following proposal to OMB under the
provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
DoD, including whether the information will have practical utility; (b)
the accuracy of the estimate of the burden of the proposed information
collection; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the information collection on respondents, including the use of
automated collection techniques or other forms of information
technology.
Title: Defense Federal Acquisition Regulation Supplement (DFARS);
Radio Frequency Identification Advance Shipment Notices.
Type of Request: New requirement.
Number of Respondents: 17,000.
Responses Per Respondent: 3,981.
Annual Responses: 67,677,000.
Average Burden Per Response: Approximately 1.12 seconds.
Annual Burden Hours: 21,038.
Needs and Uses: DoD needs an advance shipment notice prior to
shipment of materiel containing RFID tag data. DoD receiving personnel
use the advance shipment notice to associate the unique identification
encoded on the RFID tag with the corresponding shipment. Use of RFID
technology permits DoD to create an automated and sophisticated end-to-
end supply chain, thereby increasing visibility of assets and
permitting delivery of supplies to the warfighter more quickly.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Mr. Lewis Oleinick.
[[Page 20728]]
Written comments and recommendations on the proposed information
collection should be sent to Mr. Oleinick at the Office of Management
and Budget, Desk Officer for DoD, Room 10236, New Executive Office
Building, Washington, DC 20503, with a copy to the Defense Acquisition
Regulations Council, Attn: Ms. Michele Peterson, OUSD(AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Comments
can be received from 30 to 60 days after the date of this notice, but
comments to OMB will be most useful if received by OMB within 30 days
after the date of this notice.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to Defense Acquisition Regulations Council,
Attn: Ms. Michele Peterson, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062.
List of Subjects in 48 CFR Parts 211, 212, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 211, 212, and 252 as
follows:
1. The authority citation for 48 CFR parts 211, 212, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
2. Sections 211.275 through 211.275-3 are added to read as follows:
211.275 Radio frequency identification.
211.275-1 Definitions.
Bulk commodities, case, palletized unit load, passive RFID tag, and
radio frequency identification are defined in the clause at 252.211-
7XXX, Radio Frequency Identification.
211.275-2 Policy.
Radio frequency identification (RFID), in the form of a passive
RFID tag, is required for individual cases and palletized unit loads
that--
(a) Contain items in any of the following classes of supply, as
defined in DoD 4140.1-R, DoD Supply Chain Materiel Management
Regulation, AP1.1.11, except that bulk commodities are excluded from
this requirement:
(1) Subclass of Class I--Packaged operational rations.
(2) Class II--Clothing, individual equipment, tentage,
organizational tool kits, hand tools, and administrative and
housekeeping supplies and equipment.
(3) Class VI--Personal demand items (non-military sales items).
(4) Class IX--Repair parts and components including kits,
assemblies and subassemblies, reparable and consumable items required
for maintenance support of all equipment, excluding medical-peculiar
repair parts; and
(b) Will be delivered to one of the following locations:
(1) Defense Distribution Depot, Susquehanna, PA.
(2) Defense Distribution Depot, San Joaquin, CA.
211.275-3 Contract clause.
Use the clause at 252.211-7XXX, Radio Frequency Identification, in
solicitations for contracts that will require delivery of items meeting
the criteria at 211.275-2.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
3. Section 212.301 is amended by adding paragraph (f)(vii) to read
as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(vii) Use the clause at 252.211-7XXX, Radio Frequency
Identification, as prescribed in 211.275-3.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.211-7XXX is added to read as follows:
252.211-7XXX Radio Frequency Identification.
As prescribed in 211.275-3, use the following clause:
Radio Frequency Identification (XXX 2005)
(a) Definitions. As used in this clause--
Advance shipment notice means an electronic notification used to
list the contents of a shipment of goods as well as additional
information relating to the shipment, such as order information,
product description, physical characteristics, type of packaging,
marking, carrier information, and configuration of goods within the
transportation equipment.
Bulk commodities means the following commodities, when shipped
in rail tank cars, tanker trucks, trailers, other bulk wheeled
conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or petroleum products).
(4) Ready-mix concrete or similar construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds, grains, or animal feed.
Case means either an exterior container within a palletized unit
load or an individual shipping container.
Electronic Product Code TM (EPC) means an
identification scheme for universally identifying physical objects
via RFID tags and other means. The standardized EPC data consists of
an EPC (or EPC identifier) that uniquely identifies an individual
object, as well as an optional filter value when judged to be
necessary to enable effective and efficient reading of the EPC tags.
In addition to this standardized data, certain classes of EPC tags
will allow user-defined data. The EPC tag data standards will define
the length and position of this data, without defining its content.
EPCglobal TM means a joint venture between EAN
International and the Uniform Code Council to establish and support
the EPC network as the global standard for immediate, automatic, and
accurate identification of any item in the supply chain of any
company, in any industry, anywhere in the world.
Exterior container means a MIL-STD-129 defined container,
bundle, or assembly that is sufficient by reason of material,
design, and construction to protect unit packs and intermediate
containers and their contents during shipment and storage. It can be
a unit pack or a container with a combination of unit packs or
intermediate containers. An exterior container may not be used as a
shipping container.
Palletized unit load means a MIL-STD-129 defined quantity of
items, packed or unpacked, arranged on a pallet in a specified
manner and secured, strapped, or fastened on the pallet so that the
whole palletized load is handled as a single unit. A palletized load
is not considered to be a shipping container.
Passive RFID tag means a tag that reflects energy from the
reader/interrogator or that receives and temporarily stores a small
amount of energy from the reader/interrogator signal in order to
generate the tag response. Acceptable tags are--
(1) EPC Class 0 passive RFID tags that meet the EPCglobal Class
0 specification;
(2) EPC Class 1 passive RFID tags that meet the EPCglobal Class
1 specification; and
(3) EPC UHF Generation 2 passive RFID tags that meet the
EPCglobal UHF Generation 2 specification.
Radio Frequency Identification (RFID) means an automatic
identification and data capture technology comprising one or more
reader/interrogators and one or more radio frequency transponders in
which data transfer is achieved by means of suitably modulated
inductive or radiating electromagnetic carriers.
Shipping container means a MIL-STD-129 defined exterior
container that meets carrier regulations and is of sufficient
strength, by reason of material, design, and construction, to be
shipped safely without further packing (e.g., wooden boxes or
crates, fiber and metal drums, and corrugated and solid fiberboard
boxes).
[[Page 20729]]
(b)(1) Except as provided in paragraph (b)(2) of this clause,
the Contractor shall affix passive RFID tags, at the case and
palletized unit load packaging levels, for shipments of items that--
(i) Are in any of the following classes of supply, as defined in
DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation,
AP1.1.11:
(A) Subclass of Class I--Packaged operational rations.
(B) Class II--Clothing, individual equipment, tentage,
organizational tool kits, hand tools, and administrative and
housekeeping supplies and equipment.
(C) Class VI--Personal demand items (non-military sales items).
(D) Class IX--Repair parts and components including kits,
assemblies and subassemblies, reparable and consumable items
required for maintenance support of all equipment, excluding
medical-peculiar repair parts; and
(ii) Are being shipped to--
(A) Defense Distribution Depot, Susquehanna, PA; or
(B) Defense Distribution Depot, San Joaquin, CA.
(2) Bulk commodities are excluded from the requirements of
paragraph (b)(1) of this clause.
(c) The Contractor shall ensure that--
(1) The data encoded on each passive RFID tag are unique (i.e.,
the binary number is never repeated on any contract) and conforms to
the requirements in paragraph (d) of this clause;
(2) Each passive tag is readable at the time of shipment in
accordance with MIL-STD-129P (Section 4.9.1.1) readability
performance requirements; and
(3) The passive tag is affixed at the appropriate location on
the specific level of packaging, in accordance with MIL-STD-129P
(Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall use one or
more of the following data constructs, depending upon the type of
passive RFID tag being used in accordance with the tag construct
details located at https://www.dodrfid.org/tagdata.htm (version in
effect as of the date of the solicitation):
(1) Class 0, 64 Bit Tag--EPCglobal Serialized Global Trade Item
Number (SGTIN), Global Returnable Asset Identifier (GRAI), Global
Individual Asset Identifier (GIAI), or Serialized Shipment Container
Code (SSCC).
(2) Class 0, 64 Bit Tag--DoD Tag Construct.
(3) Class 1, 64 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(4) Class 1, 64 Bit Tag--DoD Tag Construct.
(5) Class 0, 96 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(6) Class 0, 96 Bit Tag--DoD Tag Construct.
(7) Class 1, 96 Bit Tag--EPCglobal SGTIN, GRAI, GIAI, or SSCC.
(8) Class 1, 96 Bit Tag--DoD Tag Construct.
(9) UHF Generation 2 Tag--EPCglobal SGTIN, GRAI, GIAI, SSCC.
(10) UHF Generation 2 Tag--DoD Tag Construct.
(e) Receiving report. The Contractor shall electronically submit
advance shipment notice(s) with the RFID tag identification
(specified in paragraph (d) of this clause) in advance of the
shipment in accordance with the procedures at https://
www.dodrfid.org/asn.htm.
(End of clause)
[FR Doc. 05-7978 Filed 4-20-05; 8:45 am]
BILLING CODE 5001-08-P
