Defense Federal Acquisition Regulation Supplement; Ownership or Control by a Foreign Government (DFARS Case 2010-D010), 35684-35685 [2010-15126]

Download as PDF 35684 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification City of Killeen (08– 06–2994P). October 13, 2009; October 20, 2009; Killeen Daily Herald. October 30, 2009 ........... 480031 City of Lubbock (08– 06–2723P). March 23, 2010 .............. 480452 Arlington County (09–03–1117P). November 16, 2009; November 23, 2009; Lubbock Avalanche-Journal. December 3, 2009; December 10, 2009; Sun-Gazette. April 9, 2010 ................... 515500 Village of Hales Corner (09–05– 4413P). November 12, 2009; November 19, 2009; My Community Now. The Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540. The Honorable Tom Martin, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457. The Honorable Barbara A. Favola, Chairperson, Arlington County Board, 2100 Clarendon Boulevard, Suite 813, Arlington, VA 22201. The Honorable Robert G. Ruesch, President, Village of Hales Corners, 5740 South 124th Street, Hales Corners, WI 53130. March 19, 2010 .............. 550524 State and county Texas: Bell (FEMA Docket No.: B–1096). Lubbock (FEMA Docket No.: B–1096). Virginia: Arlington (FEMA Docket No.: B–1096). Wisconsin: Milwaukee (FEMA Docket No.: B– 1096). (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Community No. Æ Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E. Thrash, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703–602–0310. Please cite DFARS Case 2010–D010. SUPPLEMENTARY INFORMATION: DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2010–D010) in correspondence. C. Paperwork Reduction Act SUMMARY: DoD is issuing an interim rule to implement revisions to DoD Directive-Type Memorandum (DTM) 09–019, ‘‘Policy Guidance for Foreign Ownership, Control, or Influence (FOCI).’’ The DTM revises the description of communications security material that is ‘‘proscribed information.’’ A. Background DoD has revised Directive-Type Memorandum (DTM) 09–019, ‘‘Policy Guidance for Foreign Ownership, Control, or Influence (FOCI),’’ which requires conforming changes to the DFARS. This rule revises DFARS 209.104–1, General standards, to reflect that the responsible office is the Undersecretary of Defense for Intelligence. Additionally, subparagraph (a)(4) of DFARS 252.209–7002, Disclosure of Ownership or Control by a Foreign Government, is revised to reflect changes required by the DTM to the definition of ‘‘proscribed information.’’ The DTM revises the description of communication security material that is ‘‘proscribed information.’’ This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 604. Effective date: June 23, 2010. Comment date: August 23, 2010. ADDRESSES: You may submit comments, identified by DFARS Case 2010–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 2010–D010 in the subject line of the message. Æ Fax: 703–602–0350. B. Regulatory Flexibility Act DoD does not expect this interim rule to have a significant economic impact on a substantial number of entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it only impacts companies that are owned or controlled by a foreign government, and most small entities, as defined in the Regulatory Flexibility Act, are not owned or controlled by a foreign government. Dated: June 11, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–15235 Filed 6–22–10; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 209 and 252 Defense Federal Acquisition Regulation Supplement; Ownership or Control by a Foreign Government (DFARS Case 2010–D010) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. jlentini on DSKJ8SOYB1PROD with RULES DATES: VerDate Mar<15>2010 16:08 Jun 22, 2010 Jkt 220001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 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. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comments pursuant to 41 U.S.C. 418b and FAR 1.501–3(b). DoD Directive-Type Memorandum (DTM) 09–019, ‘‘Policy Guidance for Foreign Ownership, Control, or Influence (FOCI),’’ effective June 8, 2010, implements changes to the definition of ‘‘proscribed information.’’ In reviewing the DTM, it became apparent that the current wording at DFARS 252.209– 7002 is potentially misleading. If the DFARS is not changed to be consistent with the revised DTM, contracting officers and contractors will be misinformed as to the meaning of ‘‘proscribed information.’’ DoD will consider public comments received in response to this interim rule in the formation of the final rule. E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations List of Subjects in 48 CFR Parts 209 and 252 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 209 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 209 and 252 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR chapter 1. PART 209–CONTRACTOR QUALIFICATIONS 2. Section 209.104–1 is amended by revising paragraph (g)(ii)(B) and the introductory text of paragraph (g)(ii)(C) to read as follows: ■ 209.104–1 jlentini on DSKJ8SOYB1PROD with RULES * General standards. * * (g) * * * (ii) * * * VerDate Mar<15>2010 * * 16:08 Jun 22, 2010 Jkt 220001 (B) Whenever the contracting officer has a question about application of the provision at 252.209–7002, the contracting officer may seek advice from the Security Directorate, Office of the Deputy Under Secretary of Defense, Human Intelligence, Counterintelligence, and Security. (C) In accordance with 10 U.S.C. 2536(b)(1)(A), the Secretary of Defense may waive the prohibition in paragraph (g)(ii)(A) of this subsection upon determining that the waiver is essential to the national security interests of the United States. The Secretary has delegated authority to grant this waiver to the Undersecretary of Defense for Intelligence. Waiver requests, prepared by the requiring activity in coordination with the contracting officer, shall be processed through the Director of Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), and shall include a proposed national interest determination. The proposed national interest PO 00000 Frm 00081 Fmt 4700 Sfmt 9990 35685 determination, prepared by the requiring activity in coordination with the contracting officer, shall include: * * * * * PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Section 252.209–7002 is amended by revising the clause date and paragraph (a)(4)(ii) to read as follows: ■ 252.209–7002 Disclosure of ownership or control by a foreign government. * * * * * DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)(a) * * * (4)* * * (ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified keys; * * * * * [FR Doc. 2010–15126 Filed 6–22–10; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35684-35685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15126]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 209 and 252


Defense Federal Acquisition Regulation Supplement; Ownership or 
Control by a Foreign Government (DFARS Case 2010-D010)

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

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing an interim rule to implement revisions to DoD 
Directive-Type Memorandum (DTM) 09-019, ``Policy Guidance for Foreign 
Ownership, Control, or Influence (FOCI).'' The DTM revises the 
description of communications security material that is ``proscribed 
information.''

DATES: Effective date: June 23, 2010.
    Comment date: August 23, 2010.

ADDRESSES: You may submit comments, identified by DFARS Case 2010-D010, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2010-D010 in the 
subject line of the message.
    [cir] Fax: 703-602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Mr. 
Julian E. Thrash, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310. 
Please cite DFARS Case 2010-D010.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD has revised Directive-Type Memorandum (DTM) 09-019, ``Policy 
Guidance for Foreign Ownership, Control, or Influence (FOCI),'' which 
requires conforming changes to the DFARS. This rule revises DFARS 
209.104-1, General standards, to reflect that the responsible office is 
the Undersecretary of Defense for Intelligence. Additionally, 
subparagraph (a)(4) of DFARS 252.209-7002, Disclosure of Ownership or 
Control by a Foreign Government, is revised to reflect changes required 
by the DTM to the definition of ``proscribed information.'' The DTM 
revises the description of communication security material that is 
``proscribed information.''
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This rule is not 
a major rule under 5 U.S.C. 604.

B. Regulatory Flexibility Act

    DoD does not expect this interim rule to have a significant 
economic impact on a substantial number of entities within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it 
only impacts companies that are owned or controlled by a foreign 
government, and most small entities, as defined in the Regulatory 
Flexibility Act, are not owned or controlled by a foreign government.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2010-D010) in 
correspondence.

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.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD) that urgent and compelling reasons exist to promulgate 
this interim rule without prior opportunity for public comments 
pursuant to 41 U.S.C. 418b and FAR 1.501-3(b). DoD Directive-Type 
Memorandum (DTM) 09-019, ``Policy Guidance for Foreign Ownership, 
Control, or Influence (FOCI),'' effective June 8, 2010, implements 
changes to the definition of ``proscribed information.'' In reviewing 
the DTM, it became apparent that the current wording at DFARS 252.209-
7002 is potentially misleading. If the DFARS is not changed to be 
consistent with the revised DTM, contracting officers and contractors 
will be misinformed as to the meaning of ``proscribed information.'' 
DoD will consider public comments received in response to this interim 
rule in the formation of the final rule.

[[Page 35685]]

List of Subjects in 48 CFR Parts 209 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 209 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 209 and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 421 and 48 CFR chapter 1.

PART 209-CONTRACTOR QUALIFICATIONS

0
2. Section 209.104-1 is amended by revising paragraph (g)(ii)(B) and 
the introductory text of paragraph (g)(ii)(C) to read as follows:


209.104-1  General standards.

* * * * *
    (g) * * *
    (ii) * * *
    (B) Whenever the contracting officer has a question about 
application of the provision at 252.209-7002, the contracting officer 
may seek advice from the Security Directorate, Office of the Deputy 
Under Secretary of Defense, Human Intelligence, Counterintelligence, 
and Security.
    (C) In accordance with 10 U.S.C. 2536(b)(1)(A), the Secretary of 
Defense may waive the prohibition in paragraph (g)(ii)(A) of this 
subsection upon determining that the waiver is essential to the 
national security interests of the United States. The Secretary has 
delegated authority to grant this waiver to the Undersecretary of 
Defense for Intelligence. Waiver requests, prepared by the requiring 
activity in coordination with the contracting officer, shall be 
processed through the Director of Defense Procurement and Acquisition 
Policy, Office of the Under Secretary of Defense (Acquisition, 
Technology, and Logistics), and shall include a proposed national 
interest determination. The proposed national interest determination, 
prepared by the requiring activity in coordination with the contracting 
officer, shall include:
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Section 252.209-7002 is amended by revising the clause date and 
paragraph (a)(4)(ii) to read as follows:


252.209-7002  Disclosure of ownership or control by a foreign 
government.

* * * * *

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 
2010)(a) * * *

    (4)* * *
    (ii) Communications security (COMSEC) material, excluding 
controlled cryptographic items when unkeyed or utilized with 
unclassified keys;
* * * * *

[FR Doc. 2010-15126 Filed 6-22-10; 8:45 am]
BILLING CODE 5001-08-P