Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom, 65763 [E9-29568]

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[FR Doc. E9–29565 Filed 12–10–09; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF DEFENSE jlentini on DSKJ8SOYB1PROD with NOTICES Defense Acquisition Regulations System Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). VerDate Nov<24>2008 17:33 Dec 10, 2009 Jkt 220001 ACTION: Notice of waiver of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom. SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute. DATES: Effective Date: This waiver is effective for one year, beginning December 28, 2009. FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, OUSD(AT&L), Office of the Director of Defense Procurement and Acquisition Policy, Contract Policy and International Contracting, Room 5E621, 3060 Defense Pentagon, Washington, DC 20301–3060, telephone (703) 693–1145. SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides that the Secretary of Defense may procure the items listed in that subsection only if the manufacturer of the item is part of the national technology and industrial base. Subsection (i) of 10 U.S.C. 2534 authorizes the Secretary of Defense to exercise the waiver authority in subsection (d), on the basis of the applicability of paragraph (2) or (3) of that subsection, only if the waiver is made for a particular item listed in subsection (a) and for a particular foreign country. Subsection (d) authorizes a waiver if the Secretary determines that application of the limitation ‘‘would impede the reciprocal procurement of defense items under a memorandum of understanding providing for reciprocal procurement of defense items’’ and if he determines that ‘‘that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.’’ The Secretary of Defense has delegated the waiver authority of 10 U.S.C. 2534(d) to the Under Secretary of Defense (Acquisition, Technology, and Logistics). DoD has had a Reciprocal Defense Procurement Memorandum of Understanding (MOU) with the UK since 1975, most recently renewed on December 16, 2004. The Under Secretary of Defense (Acquisition, Technology, and Logistics) finds that the UK does not discriminate against defense items produced in the PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 65763 United States to a greater degree than the United States discriminates against defense items produced in the UK, and also finds that application of the limitation in 10 U.S.C. 2534 against defense items produced in the UK would impede the reciprocal procurement of defense items under the MOU. Under the authority of 10 U.S.C. 2534, the Under Secretary of Defense (Acquisition, Technology, and Logistics) has determined that application of the limitation of 10 U.S.C. 2534(a) to the procurement of any defense item produced in the UK that is listed below would impede the reciprocal procurement of defense items under the MOU with the UK. On the basis of the foregoing, the Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation in 10 U.S.C. 2534(a) for procurements of any defense item listed below that is produced in the UK. This waiver applies only to the limitations in 10 U.S.C. 2534(a). It does not apply to any other limitation, including section 8018 of the DoD Appropriations Act for Fiscal Year 2009 (Pub. L. 110–329). This waiver applies to procurements under solicitations issued during the period from December 28, 2009, to December 27, 2010 Similar waivers have been granted since 1998, most recently in 2008 (73 FR 73257, December 2, 2008). List of Items to Which This Waiver Applies 1. Air circuit breakers. 2. Welded shipboard anchor and mooring chain with a diameter of four inches or less. 3. Gyrocompasses. 4. Electronic navigation chart systems. 5. Steering controls. 6. Pumps. 7. Propulsion and machinery control systems. 8. Totally enclosed lifeboats. Amy G. Williams, Editor, Defense Acquisition Regulations System. [FR Doc. E9–29568 Filed 12–10–09; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Page 65763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29568]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in 
the United Kingdom

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

ACTION: Notice of waiver of 10 U.S.C. 2534 for certain defense items 
produced in the United Kingdom.

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SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain 
defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 
limits DoD procurement of certain items to sources in the national 
technology and industrial base. The waiver will permit procurement of 
enumerated items from sources in the UK, unless otherwise restricted by 
statute.

DATES: Effective Date: This waiver is effective for one year, beginning 
December 28, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Foley, OUSD(AT&L), Office 
of the Director of Defense Procurement and Acquisition Policy, Contract 
Policy and International Contracting, Room 5E621, 3060 Defense 
Pentagon, Washington, DC 20301-3060, telephone (703) 693-1145.

SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides 
that the Secretary of Defense may procure the items listed in that 
subsection only if the manufacturer of the item is part of the national 
technology and industrial base. Subsection (i) of 10 U.S.C. 2534 
authorizes the Secretary of Defense to exercise the waiver authority in 
subsection (d), on the basis of the applicability of paragraph (2) or 
(3) of that subsection, only if the waiver is made for a particular 
item listed in subsection (a) and for a particular foreign country. 
Subsection (d) authorizes a waiver if the Secretary determines that 
application of the limitation ``would impede the reciprocal procurement 
of defense items under a memorandum of understanding providing for 
reciprocal procurement of defense items'' and if he determines that 
``that country does not discriminate against defense items produced in 
the United States to a greater degree than the United States 
discriminates against defense items produced in that country.'' The 
Secretary of Defense has delegated the waiver authority of 10 U.S.C. 
2534(d) to the Under Secretary of Defense (Acquisition, Technology, and 
Logistics).
    DoD has had a Reciprocal Defense Procurement Memorandum of 
Understanding (MOU) with the UK since 1975, most recently renewed on 
December 16, 2004.
    The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) finds that the UK does not discriminate against defense 
items produced in the United States to a greater degree than the United 
States discriminates against defense items produced in the UK, and also 
finds that application of the limitation in 10 U.S.C. 2534 against 
defense items produced in the UK would impede the reciprocal 
procurement of defense items under the MOU.
    Under the authority of 10 U.S.C. 2534, the Under Secretary of 
Defense (Acquisition, Technology, and Logistics) has determined that 
application of the limitation of 10 U.S.C. 2534(a) to the procurement 
of any defense item produced in the UK that is listed below would 
impede the reciprocal procurement of defense items under the MOU with 
the UK.
    On the basis of the foregoing, the Under Secretary of Defense 
(Acquisition, Technology, and Logistics) is waiving the limitation in 
10 U.S.C. 2534(a) for procurements of any defense item listed below 
that is produced in the UK. This waiver applies only to the limitations 
in 10 U.S.C. 2534(a). It does not apply to any other limitation, 
including section 8018 of the DoD Appropriations Act for Fiscal Year 
2009 (Pub. L. 110-329). This waiver applies to procurements under 
solicitations issued during the period from December 28, 2009, to 
December 27, 2010 Similar waivers have been granted since 1998, most 
recently in 2008 (73 FR 73257, December 2, 2008).

List of Items to Which This Waiver Applies

    1. Air circuit breakers.
    2. Welded shipboard anchor and mooring chain with a diameter of 
four inches or less.
    3. Gyrocompasses.
    4. Electronic navigation chart systems.
    5. Steering controls.
    6. Pumps.
    7. Propulsion and machinery control systems.
    8. Totally enclosed lifeboats.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.
[FR Doc. E9-29568 Filed 12-10-09; 8:45 am]
BILLING CODE 5001-08-P

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