Defense Federal Acquisition Regulation Supplement; Government Rights in the Design of DoD Vessels (DFARS Case 2008-D039), 61043-61045 [E9-27844]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Rules and Regulations
requirements in lieu of pre-existing
Federal requirements as applied only to
area source dry cleaners. As explained
above, the state requirements contain
standards that are at least equivalent to
the Federal standards; thus, we
anticipate only a positive impact from
this action.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A Major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective January 22, 2010.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: This action is issued under the
authority of section 112 of the Clean Air Act,
as amended, 42 U.S.C. 7412.
Dated: October 15, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA-New
England.
■
40 CFR part 63 is amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—[Amended]
2. Section 63.14 is amended by
revising paragraph (d) introductory text
and paragraph (d)(4) to read as follows:
■
erowe on DSK5CLS3C1PROD with RULES
§ 63.14
Incorporation by reference.
*
*
*
*
*
(d) State and Local Requirements. The
following materials listed below are
available at the Air and Radiation
Docket and Information Center, 1200
Pennsylvania Avenue, NW.,
VerDate Nov<24>2008
15:09 Nov 20, 2009
Jkt 220001
Washington, DC 20460, telephone
number (202) 566–1745.
*
*
*
*
*
(4) Massachusetts Department of
Environmental Protection regulations at
310 CMR 7.26(10)–(16), Air Pollution
Control, effective as of September 5,
2008, corrected March 6, 2009, and 310
CMR 70.00, Environmental Results
Program Certification, effective as of
December 28, 2007. Incorporation By
Reference approved for § 63.99(a)(22)(ii)
of subpart E of this part.
*
*
*
*
*
Subpart E—[Amended]
3. Section 63.99 is amended by
revising paragraph (a)(22) to read as
follows:
§ 63.99
Delegated Federal authorities.
(a) * * *
(22) Massachusetts.
(i) [Reserved]
(ii) Affected area sources within
Massachusetts must comply with the
Massachusetts Regulations Applicable
to Hazardous Air Pollutants
(incorporated by reference as specified
in § 63.14) as described in paragraph
(a)(22)(ii)(A) of this section:
(A) The material incorporated into the
Massachusetts Department of
Environmental Protection regulations at
310 CMR 7.26(10)–(16), Air Pollution
Control, effective as of September 5,
2008, corrected March 6, 2009, and 310
CMR 70.00, Environmental Results
Program Certification, effective as of
December 28, 2007, pertaining to dry
cleaning facilities in the Commonwealth
of Massachusetts jurisdiction, and
approved under the procedures in
§ 63.93 to be implemented and enforced
in place of the Federal NESHAP for
Perchloroethylene Dry Cleaning
Facilities (subpart M of this part),
effective as of July 11, 2008, for area
sources only, as defined in § 63.320(h).
(1) Authorities not delegated.
(i) Massachusetts is not delegated the
Administrator’s authority to implement
and enforce Massachusetts regulations
at 310 CMR 7.26(10)–(16) and 310 CMR
70.00, in lieu of those provisions of
subpart M of this part which apply to
major sources, as defined in § 63.320(g).
(ii) Massachusetts is not delegated the
Administrator’s authority to implement
and enforce Massachusetts regulations
at 310 CMR 7.26(10)–(16) and 310 CMR
70.00, in lieu of those provisions of
subpart M of this part which apply to
dry cleaning systems installed in a
building with a residence between
December 21, 2005 and July 13, 2006, as
defined in § 63.320(b)(2)(ii) and
§ 63.322(o)(5)(i)–(ii).
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
*
(B) [Reserved]
*
*
*
61043
*
[FR Doc. E9–27820 Filed 11–20–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 227 and 252
RIN 0750–AG50
Defense Federal Acquisition
Regulation Supplement; Government
Rights in the Design of DoD Vessels
(DFARS Case 2008–D039)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 825 of
the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). Section 825 clarifies
the Government’s rights in technical
data in the designs of DoD vessels,
boats, craft, and components thereof.
This interim rule also implements the
Vessel Hull Design Protection
Amendments of 2008 (Pub. L. 110–434).
DATES: Effective date: November 23,
2009.
Comment date: Comments on the
interim rule should be submitted to the
address shown below on or before
January 22, 2010, to be considered in
the formation of the final rule.
ADDRESSES: Respondents may submit
comments via the Internet at https://
emissary.acq.osd.mil/dar/dfars.nsf/
pubcom. As an alternative, respondents
may e-mail comments to: dfars@osd.mil.
Please cite DFARS Case 2008–D039 in
the subject line of e-mailed comments.
Respondents that cannot submit
comments using either of the above
methods may submit comments to:
Defense Acquisition Regulations
Council, Attn: Ms. Amy Williams,
OUSD (AT&L) DPAP (DARS), IMD
3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062; facsimile
(703) 602–7887. Please cite DFARS Case
2008–D039.
Interested parties may view public
comments on the Internet at https://
emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
E:\FR\FM\23NOR1.SGM
23NOR1
61044
Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
A. Background
The requirements of the Vessel Hull
Design Protection Amendments and
new section 825 of the National Defense
Authorization Act for Fiscal Year 2009
are similar in both substance and
language. This interim rule adds
language to the existing technical data
policy sections and creates two new
clause alternates.
10 U.S.C. 2320 establishes
requirements for DoD’s acquisition of
technical data and neither of the above
statutory changes covers computer
software. Accordingly, additional
coverage in the DFARS for computer
software is unnecessary.
Both statutory changes provide new
requirements, not presently covered in
the DFARS, for the acquisition of
vessels and hulls covered by vessel hull
design registrations. DFARS coverage is
appropriate because these statutory
changes directly impact the acquisition
of vessels and hulls by DoD and its
components.
To implement the statutory changes,
DoD has added new paragraph (c) to
current 227.7102–1, Policy, and new
paragraph (g) to current 227.7103–1,
Policy. Contracting officers must be
made aware of the requirements of 17
U.S.C. 1301(a)(3) and 10 U.S.C. 7317, as
these statutes affect both the rights of
the contractors and DoD.
The rule also provides Alternates to
clauses 252.227–7013, Rights in
Technical Data—Noncommercial Items,
and 252.227–7015, Technical Data—
Commercial Items. Each Alternate adds
to the basic clause—
(i) A new definition for ‘‘vessel
designs’’; and
(ii) An affirmative grant of appropriate
rights in same to the Government.
This rule was 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 it does not create any burden
for small business concerns. The rule
just clarifies the Government’s rights in
technical data in the designs of DoD
vessels, boats, craft, and components
thereof. For acquisition of vessels and
hulls covered by vessel hull design
registrations, the rule provides that the
Government shall have certain rights for
a vessel design (including a vessel
design embodied in a useful article) that
VerDate Nov<24>2008
15:09 Nov 20, 2009
Jkt 220001
is developed or delivered to the
Government, to the same extent that the
Government is granted rights in the
technical data pertaining to the vessel
design. 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 2008–D039.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the DFARS rule will
not impose any additional reporting or
recordkeeping requirements that require
the approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
section 825 of the Duncan Hunter
National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110–417) and
the Vessel Hull Design Protection
Amendments of 2008 (Pub. L. 110–434).
These statutes were effective upon
enactment. Comments received in
response to this interim rule will be
considered in the formation of the final
rule.
List of Subjects in 48 CFR Parts 227 and
252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 227 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 227 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 227—PATENTS, DATA, AND
COPYRIGHTS
2. Section 227.7100 is amended by
redesignating paragraphs (a)(6) and
(a)(7) as paragraphs (a)(8) and (a)(9)
respectively and adding new paragraphs
(a)(6) and (a)(7), to read as follows:
■
227.7100
*
PO 00000
*
Scope of subpart.
*
Frm 00032
*
Fmt 4700
*
Sfmt 4700
(a) * * *
(6) 10 U.S.C. 7317.
(7) 17 U.S.C. 1301, et seq.
*
*
*
*
*
■ 3. Section 227.7102–1 is amended by
adding paragraph (c) to read as follows:
227.7102–1
Policy.
*
*
*
*
*
(c) The Government’s rights in a
vessel design, and in any useful article
embodying a vessel design, must be
consistent with the Government’s rights
in technical data pertaining to the
design (10 U.S.C. 7317; 17 U.S.C.
1301(a)(3)).
■ 4. Section 227.7102–3 is amended by
redesignating paragraph (a) as paragraph
(a)(1) and adding paragraph (a)(2) to
read as follows:
227.7102–3
Contract clause.
(a)(1) * * *
(2) Use the clause at 252.227–7015
with its Alternate I in contracts for the
development or delivery of a vessel
design or any useful article embodying
a vessel design.
*
*
*
*
*
■ 5. Section 227.7103–1 is amended by
adding paragraph (g) to read as follows:
227.7103–1
Policy.
*
*
*
*
*
(g) The Government’s rights in a
vessel design, and in any useful article
embodying a vessel design, must be
consistent with the Government’s rights
in technical data pertaining to the
design (10 U.S.C. 7317; 17 U.S.C.
1301(a)(3)).
■ 6. Section 227.7103–6 is amended by
redesignating paragraphs (b)(1) and
(b)(2) as (b)(i) and (b)(ii), paragraph (b)
as (b)(1), and adding paragraph (b)(2) to
read as follows:
227.7103–6
Contract clauses.
*
*
*
*
*
(b)(1) * * *
(2) Use the clause at 252.227–7013
with its Alternate II in contracts for the
development or delivery of a vessel
design or any useful article embodying
a vessel design.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
7. Section 252.227–7013 is amended
in the introductory text of Alternate I by
removing ’’227.7103–6(b)’’ and adding
in its place ‘‘227.7103–6(b)(1)’’; and
adding Alternate II to read as follows:
*
*
*
*
*
■
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Rules and Regulations
Alternate II (NOV 2009)
DEPARTMENT OF DEFENSE
As prescribed in 227.7103–6(b)(2), add the
following paragraphs (a)(16) and (b)(7) to the
basic clause:
(a)(16) ‘‘Vessel design’’ means the design of
a vessel, boat, or craft, and its components,
including the hull, decks, superstructure, and
the exterior surface shape of all external
shipboard equipment and systems. The term
includes designs covered by 10 U.S.C. 7317,
and designs protectable under 17 U.S.C.
1301, et seq.
(b)(7) Vessel designs. For a vessel design
(including a vessel design embodied in a
useful article) that is developed or delivered
under this contract, the Government shall
have the right to make and have made any
useful article that embodies the vessel
design, to import the article, to sell the
article, and to distribute the article for sale
or to use the article in trade, to the same
extent that the Government is granted rights
in the technical data pertaining to the vessel
design.
Defense Acquistion Regulations
System
8. Section 252.227–7015 is amended
in the introductory text by removing
‘‘227.7102–3’’ and adding in its place
‘‘227.7102–3(a)(1)’’; and adding
Alternate I to read as follows:
■
252.227–7015 Technical data—
Commercial items.
*
*
*
*
*
Alternate I (NOV 2009)
As prescribed in 227.7102–3(a)(2),
add the following paragraphs (a)(5) and
(b)(3) to the basic clause:
(a)(5) ‘‘Vessel design’’ means the design of
a vessel, boat, or craft, and its components,
including the hull, decks, superstructure, and
the exterior surface shape of all external
shipboard equipment and systems. The term
includes designs covered by 10 U.S.C. 7317,
and designs protectable under 17 U.S.C.
1301, et seq.
(b)(3) Vessel designs. For a vessel design
(including a vessel design embodied in a
useful article) that is developed or delivered
under this contract, the Government shall
have the right to make and have made any
useful article that embodies the vessel
design, to import the article, to sell the
article, and to distribute the article for sale
or to use the article in trade, to the same
extent that the Government is granted rights
in the technical data pertaining to the vessel
design.
erowe on DSK5CLS3C1PROD with RULES
[FR Doc. E9–27844 Filed 11–20–09; 8:45 am]
BILLING CODE 5001–08–P
VerDate Nov<24>2008
15:09 Nov 20, 2009
Jkt 220001
SUPPLEMENTARY INFORMATION:
48 CFR Part 252
[DFARS Case 2009–D010]
Defense Federal Acquisition
Regulation Supplement; World Trade
Organization Government
Procurement Agreement Designated
Country
AGENCY: Defense Acqusition Regulations
System, Department of Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to add Taiwan as a designated
country to the list of World Trade
Organization Government Procurement
Agreement designated countries in the
trade agreements provisions and clauses
in part 252, due to the accession of
Taiwan to the World Trade Organization
Government Procurement Agreement.
DATES: Effective Date: November 23,
2009.
Comment date: Comments on the
interim rule should be submitted to the
address shown below on or before
January 22, 2010, to be considered in
the formulation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D010,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2009–D010 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations Council, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations Council,
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.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2009–D010.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
61045
A. Background
On July 15, 2009, Taiwan became a
party to the World Trade Organization
Government Procurement Agreement.
This interim rule adds Taiwan to the list
of World Trade Organization
Government Procurement Agreement
countries in the definition of
‘‘designated country’’ in the trade
agreements provisions and clauses in
part 252.
Taiwan is known in the World Trade
Organization as ‘‘the Separate Customs
Territory of Taiwan, Penghu, Kinmen,
and Matsu’’ (Chinese Taipei). In
accordance with 22 U.S.C. 3303(b)(1), it
is appropriate to treat Taiwan as a
country for purposes of this regulation.
This rule was 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.
Although the rule opens up Government
procurement to the products of Taiwan,
DoD does not believe there will be a
significant economic impact on U.S.
small businesses. DoD only applies the
trade agreements to acquisitions of those
non-defense items listed at DFARS
225.401–70, and acquisitions of
supplies that are set aside for small
businesses are exempt. 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 2009–D010.
C. Paperwork Reduction Act
Although this rule does not make any
direct change to the provision at DFARS
252.225–7020, this interim rule does
affect the certification and information
collection requirements in that
provision, which is currently approved
under Office of Management and Budget
Control Number 0704–0229. DFARS
252.225–7020(a) references the
definition of ‘‘designated country’’ in
the clause at DFARS 252.225–7021,
which has been changed by this rule to
include Taiwan. The impact, however,
is negligible.
E:\FR\FM\23NOR1.SGM
23NOR1
]]>Agencies
[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Rules and Regulations]
[Pages 61043-61045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27844]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 227 and 252
RIN 0750-AG50
Defense Federal Acquisition Regulation Supplement; Government
Rights in the Design of DoD Vessels (DFARS Case 2008-D039)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 825 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Pub. L. 110-417). Section 825 clarifies the Government's rights
in technical data in the designs of DoD vessels, boats, craft, and
components thereof. This interim rule also implements the Vessel Hull
Design Protection Amendments of 2008 (Pub. L. 110-434).
DATES: Effective date: November 23, 2009.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before January 22, 2010, to be considered
in the formation of the final rule.
ADDRESSES: Respondents may submit comments via the Internet at https://emissary.acq.osd.mil/dar/dfars.nsf/pubcom. As an alternative,
respondents may e-mail comments to: dfars@osd.mil. Please cite DFARS
Case 2008-D039 in the subject line of e-mailed comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
7887. Please cite DFARS Case 2008-D039.
Interested parties may view public comments on the Internet at
https://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
[[Page 61044]]
SUPPLEMENTARY INFORMATION:
A. Background
The requirements of the Vessel Hull Design Protection Amendments
and new section 825 of the National Defense Authorization Act for
Fiscal Year 2009 are similar in both substance and language. This
interim rule adds language to the existing technical data policy
sections and creates two new clause alternates.
10 U.S.C. 2320 establishes requirements for DoD's acquisition of
technical data and neither of the above statutory changes covers
computer software. Accordingly, additional coverage in the DFARS for
computer software is unnecessary.
Both statutory changes provide new requirements, not presently
covered in the DFARS, for the acquisition of vessels and hulls covered
by vessel hull design registrations. DFARS coverage is appropriate
because these statutory changes directly impact the acquisition of
vessels and hulls by DoD and its components.
To implement the statutory changes, DoD has added new paragraph (c)
to current 227.7102-1, Policy, and new paragraph (g) to current
227.7103-1, Policy. Contracting officers must be made aware of the
requirements of 17 U.S.C. 1301(a)(3) and 10 U.S.C. 7317, as these
statutes affect both the rights of the contractors and DoD.
The rule also provides Alternates to clauses 252.227-7013, Rights
in Technical Data--Noncommercial Items, and 252.227-7015, Technical
Data--Commercial Items. Each Alternate adds to the basic clause--
(i) A new definition for ``vessel designs''; and
(ii) An affirmative grant of appropriate rights in same to the
Government.
This rule was 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 it does not
create any burden for small business concerns. The rule just clarifies
the Government's rights in technical data in the designs of DoD
vessels, boats, craft, and components thereof. For acquisition of
vessels and hulls covered by vessel hull design registrations, the rule
provides that the Government shall have certain rights for a vessel
design (including a vessel design embodied in a useful article) that is
developed or delivered to the Government, to the same extent that the
Government is granted rights in the technical data pertaining to the
vessel design. 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 2008-D039.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the DFARS rule
will not impose any additional reporting or recordkeeping requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements section 825 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and
the Vessel Hull Design Protection Amendments of 2008 (Pub. L. 110-434).
These statutes were effective upon enactment. Comments received in
response to this interim rule will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Parts 227 and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 227 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 227 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 227--PATENTS, DATA, AND COPYRIGHTS
0
2. Section 227.7100 is amended by redesignating paragraphs (a)(6) and
(a)(7) as paragraphs (a)(8) and (a)(9) respectively and adding new
paragraphs (a)(6) and (a)(7), to read as follows:
227.7100 Scope of subpart.
* * * * *
(a) * * *
(6) 10 U.S.C. 7317.
(7) 17 U.S.C. 1301, et seq.
* * * * *
0
3. Section 227.7102-1 is amended by adding paragraph (c) to read as
follows:
227.7102-1 Policy.
* * * * *
(c) The Government's rights in a vessel design, and in any useful
article embodying a vessel design, must be consistent with the
Government's rights in technical data pertaining to the design (10
U.S.C. 7317; 17 U.S.C. 1301(a)(3)).
0
4. Section 227.7102-3 is amended by redesignating paragraph (a) as
paragraph (a)(1) and adding paragraph (a)(2) to read as follows:
227.7102-3 Contract clause.
(a)(1) * * *
(2) Use the clause at 252.227-7015 with its Alternate I in
contracts for the development or delivery of a vessel design or any
useful article embodying a vessel design.
* * * * *
0
5. Section 227.7103-1 is amended by adding paragraph (g) to read as
follows:
227.7103-1 Policy.
* * * * *
(g) The Government's rights in a vessel design, and in any useful
article embodying a vessel design, must be consistent with the
Government's rights in technical data pertaining to the design (10
U.S.C. 7317; 17 U.S.C. 1301(a)(3)).
0
6. Section 227.7103-6 is amended by redesignating paragraphs (b)(1) and
(b)(2) as (b)(i) and (b)(ii), paragraph (b) as (b)(1), and adding
paragraph (b)(2) to read as follows:
227.7103-6 Contract clauses.
* * * * *
(b)(1) * * *
(2) Use the clause at 252.227-7013 with its Alternate II in
contracts for the development or delivery of a vessel design or any
useful article embodying a vessel design.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Section 252.227-7013 is amended in the introductory text of
Alternate I by removing ''227.7103-6(b)'' and adding in its place
``227.7103-6(b)(1)''; and adding Alternate II to read as follows:
* * * * *
[[Page 61045]]
Alternate II (NOV 2009)
As prescribed in 227.7103-6(b)(2), add the following paragraphs
(a)(16) and (b)(7) to the basic clause:
(a)(16) ``Vessel design'' means the design of a vessel, boat, or
craft, and its components, including the hull, decks,
superstructure, and the exterior surface shape of all external
shipboard equipment and systems. The term includes designs covered
by 10 U.S.C. 7317, and designs protectable under 17 U.S.C. 1301, et
seq.
(b)(7) Vessel designs. For a vessel design (including a vessel
design embodied in a useful article) that is developed or delivered
under this contract, the Government shall have the right to make and
have made any useful article that embodies the vessel design, to
import the article, to sell the article, and to distribute the
article for sale or to use the article in trade, to the same extent
that the Government is granted rights in the technical data
pertaining to the vessel design.
0
8. Section 252.227-7015 is amended in the introductory text by removing
``227.7102-3'' and adding in its place ``227.7102-3(a)(1)''; and adding
Alternate I to read as follows:
252.227-7015 Technical data--Commercial items.
* * * * *
Alternate I (NOV 2009)
As prescribed in 227.7102-3(a)(2), add the following paragraphs
(a)(5) and (b)(3) to the basic clause:
(a)(5) ``Vessel design'' means the design of a vessel, boat, or
craft, and its components, including the hull, decks,
superstructure, and the exterior surface shape of all external
shipboard equipment and systems. The term includes designs covered
by 10 U.S.C. 7317, and designs protectable under 17 U.S.C. 1301, et
seq.
(b)(3) Vessel designs. For a vessel design (including a vessel
design embodied in a useful article) that is developed or delivered
under this contract, the Government shall have the right to make and
have made any useful article that embodies the vessel design, to
import the article, to sell the article, and to distribute the
article for sale or to use the article in trade, to the same extent
that the Government is granted rights in the technical data
pertaining to the vessel design.
[FR Doc. E9-27844 Filed 11-20-09; 8:45 am]
BILLING CODE 5001-08-P
