Defense Federal Acquisition Regulation Supplement; Allowability of Costs To Lease Government Equipment for Display or Demonstration (DFARS Case 2007-D004), 69176-69177 [E7-23654]
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rfrederick on PROD1PC67 with PROPOSALS
69176
Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules
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Lucas, identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert B. Lucas, U.S. EPA, Office of Air
Quality Planning and Standards, Sector
Policies and Programs Division,
Coatings and Chemicals Group (E143–
01), Research Triangle Park, NC 27711;
telephone number: (919) 541–0884; email address: lucas.bob@epa.gov.
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Submitting CBI. Do not submit
information that you consider to be CBI
electronically through
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
VerDate Aug<31>2005
14:58 Dec 06, 2007
Jkt 214001
Morales, OAQPS Document Control
Officer (C404–02), U.S. EPA, Office of
Air Quality Planning and Standards,
Research Triangle Park, NC 27711,
Attention Docket ID EPA–HQ–OAR–
2007–0011. Clearly mark the part or all
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List of Subjects for 40 CFR Part 60
Environmental protection, Air
pollution control, New source
performance standards, Reporting and
recordkeeping requirements.
Dated: November 30, 2007.
Jennifer E.N. Edmonds,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. E7–23824 Filed 12–6–07; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 231
RIN 0750–AF85
Defense Federal Acquisition
Regulation Supplement; Allowability of
Costs To Lease Government
Equipment for Display or
Demonstration (DFARS Case 2007–
D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address limitations on the allowability
of contractor costs associated with the
leasing of Government equipment for
display or demonstration. The proposed
rule specifies that monies paid to the
Government for the leasing of
Government equipment are
unallowable, except in the case of
foreign military sales contracts.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
February 5, 2008, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D004,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2007–D004 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. John
McPherson, OUSD (AT&L) DPAP (CPF),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
John McPherson, 703–602–0296.
SUPPLEMENTARY INFORMATION:
A. Background
DoD Directive 7230.8, Leases and
Demonstrations of DoD Equipment,
Frm 00002
Fmt 4702
Sfmt 4702
E:\FR\FM\07DEP1.SGM
07DEP1
Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Proposed Rules
contains policy on the leasing of DoD
equipment to defense contractors for
demonstration to foreign governments
or for display or demonstration at
international trade shows and
exhibitions. In addition to the leasing of
equipment, contractors may obtain
related support services from DoD. The
Directive provides that the contractor
leasing the equipment may not recover
the DoD charges associated with the
lease, directly or indirectly through any
U.S. Government contract, except to the
extent chargeable to contracts for foreign
military sales. For consistency with the
policy in DoD Directive 7230.8, this
proposed rule adds DFARS text to
address the limitations on the
allowability of costs associated with the
leasing of Government equipment.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
PART 225—FOREIGN ACQUISITION
B. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is consistent with
existing DoD policy, and applies only in
those situations where a contractor
chooses to lease military equipment for
display or demonstration purposes.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2007–D004.
231.205–1
costs.
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.
48 CFR Parts 228, 231, and 252
List of Subjects in 48 CFR Parts 225 and
231
Government procurement.
AGENCY:
rfrederick on PROD1PC67 with PROPOSALS
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 225 and 231 as follows:
1. The authority citation for 48 CFR
parts 225 and 231 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Aug<31>2005
14:58 Dec 06, 2007
Jkt 214001
2. Section 225.7303–2 is amended by
revising paragraph (b) and adding
paragraph (e) to read as follows:
225.7303–2 Cost of doing business with a
foreign government or an international
organization.
*
*
*
*
*
(b) Costs not allowable under FAR
Part 31 are not allowable in pricing FMS
contracts, except as noted in paragraphs
(c) and (e) of this subsection.
*
*
*
*
*
(e) The limitations on allowability of
costs associated with leasing
Government equipment, in 231.205–1,
do not apply to FMS contracts.
PART 231—CONTRACT COST
PRINCIPLES AND PROCEDURES
3. Section 231.205–1 is added to read
as follows:
Public relations and advertising
(e) See 225.7303–2(e) for allowability
provisions affecting foreign military
sales contracts.
(f) Unallowable public relations and
advertising costs also include monies
paid to the Government associated with
the leasing of Government equipment,
including lease payments and
reimbursement for support services,
except for foreign military sales
contracts as provided for at 225.7303–2.
[FR Doc. E7–23654 Filed 12–6–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
RIN 0750–AF72
Defense Federal Acquisition
Regulation Supplement; Ground and
Flight Risk Clause (DFARS Case 2007–
D009)
Defense Acquisition
Regulations System, 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
revise and combine contract clauses
addressing assumption of risk for loss
under contracts involving the furnishing
of aircraft to the Government. The
proposed rule establishes requirements
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
69177
that apply consistently to all contract
types.
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
February 5, 2008 to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D009,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2007–D009 in the subject
line of the message.
Fax: 703–602–7887.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Robin Schulze, OUSD
(AT&L) DPAP (CPF), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, 703–602–0326.
DATES:
SUPPLEMENTARY INFORMATION
A. Background
The clauses at DFARS 252.228–7001,
Ground and Flight Risk, and DFARS
252.228–7002, Aircraft Flight Risk, are
presently used in contracts involving
the furnishing of aircraft to the
Government. The clause at 252.228–
7001 is used in negotiated fixed-price
contracts, and the clause at 252.228–
7002 is used in cost-reimbursement
contracts. This proposed rule revises
and combines the two clauses into a
single ground and flight risk clause, to
establish requirements that apply
consistently to all contract types. In
addition, a new section is added at
DFARS 231.205–19 to specifically
reference the treatment of insurance
costs under the new clause and the
existing clause at DFARS 252.217–7012,
Liability and Insurance.
The proposed changes include—
Æ Addition of a requirement for
inclusion of the clause in all
subcontracts;
Æ Addition of a statement that the
Government property clause is not
applicable if the Government withdraws
its self-insurance coverage;
Æ Addition of a statement that
commercial insurance costs or selfinsurance charges that duplicate the
Government’s self-insurance are
unallowable; and
E:\FR\FM\07DEP1.SGM
07DEP1
]]>Agencies
[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Proposed Rules]
[Pages 69176-69177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23654]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 231
RIN 0750-AF85
Defense Federal Acquisition Regulation Supplement; Allowability
of Costs To Lease Government Equipment for Display or Demonstration
(DFARS Case 2007-D004)
AGENCY: Defense Acquisition Regulations System, 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 address limitations on the
allowability of contractor costs associated with the leasing of
Government equipment for display or demonstration. The proposed rule
specifies that monies paid to the Government for the leasing of
Government equipment are unallowable, except in the case of foreign
military sales contracts.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before February 5, 2008, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D004,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2007-D004 in the
subject line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
John McPherson, OUSD (AT&L) DPAP (CPF), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. John McPherson, 703-602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
DoD Directive 7230.8, Leases and Demonstrations of DoD Equipment,
[[Page 69177]]
contains policy on the leasing of DoD equipment to defense contractors
for demonstration to foreign governments or for display or
demonstration at international trade shows and exhibitions. In addition
to the leasing of equipment, contractors may obtain related support
services from DoD. The Directive provides that the contractor leasing
the equipment may not recover the DoD charges associated with the
lease, directly or indirectly through any U.S. Government contract,
except to the extent chargeable to contracts for foreign military
sales. For consistency with the policy in DoD Directive 7230.8, this
proposed rule adds DFARS text to address the limitations on the
allowability of costs associated with the leasing of Government
equipment.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is
consistent with existing DoD policy, and applies only in those
situations where a contractor chooses to lease military equipment for
display or demonstration purposes. Therefore, DoD has not performed an
initial regulatory flexibility analysis. DoD invites comments from
small businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2007-D004.
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 225 and 231
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 225 and 231 as
follows:
1. The authority citation for 48 CFR parts 225 and 231 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Section 225.7303-2 is amended by revising paragraph (b) and
adding paragraph (e) to read as follows:
225.7303-2 Cost of doing business with a foreign government or an
international organization.
* * * * *
(b) Costs not allowable under FAR Part 31 are not allowable in
pricing FMS contracts, except as noted in paragraphs (c) and (e) of
this subsection.
* * * * *
(e) The limitations on allowability of costs associated with
leasing Government equipment, in 231.205-1, do not apply to FMS
contracts.
PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES
3. Section 231.205-1 is added to read as follows:
231.205-1 Public relations and advertising costs.
(e) See 225.7303-2(e) for allowability provisions affecting foreign
military sales contracts.
(f) Unallowable public relations and advertising costs also include
monies paid to the Government associated with the leasing of Government
equipment, including lease payments and reimbursement for support
services, except for foreign military sales contracts as provided for
at 225.7303-2.
[FR Doc. E7-23654 Filed 12-6-07; 8:45 am]
BILLING CODE 5001-08-P
