Defense Federal Acquisition Regulation Supplement; Identification of Critical Safety Items (DFARS Case 2010-D022), 14641-14643 [2011-6231]
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
§ 1007.20 Conditions under which data
mining is permissible and approval by HHS
Office of Inspector General.
List of Subjects in 42 CFR Part 1007
Administrative practice and
procedure, Fraud, Grant programs—
health, Medicaid, Reporting and
recordkeeping requirements.
Accordingly, 42 CFR part 1007 is
proposed to be amended as set forth
below:
PART 1007—[AMENDED]
1. Revise the authority citation to part
1007 to read as follows:
Authority: 42 U.S.C. 1396b(a)(6),
1396b(b)(3), 1396b(q), and 1302.
2. In § 1007.1, add in alphabetical
order the definition for ‘‘data mining’’ to
read as follows:
§ 1007.1
Definitions.
*
*
*
*
*
Data mining is defined as the practice
of electronically sorting Medicaid
claims through statistical models and
intelligent technologies to uncover
patterns and relationships contained
within the Medicaid claims activity and
history to identify aberrant utilization
and billing practices that are potentially
fraudulent.
*
*
*
*
*
3. In § 1007.17, add paragraph (i) to
read as follows:
§ 1007.17
Annual report.
*
*
*
*
*
(i) All costs expended that year
attributed to data mining activities
under § 1007.20; the number of cases
generated from those data mining
activities; the outcome and status of
those cases, including the expected and
actual monetary recoveries (both
Federal and non-Federal share); and any
other relevant indicia of return on
investment from such activities.
*
*
*
*
*
4. In § 1007.19, revise paragraph (e)(2)
to read as follows:
§ 1007.19
(FFP).
Federal financial participation
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1
*
*
*
*
*
(e) * * *
(2) Routine verification with
recipients of whether services billed by
providers were actually received, or,
except as provided in section 1007.20,
efforts to identify situations in which a
question of fraud may exist, including
the screening of claims and analysis of
patterns of practice that involve data
mining as defined in section 1007.1;
*
*
*
*
*
5. Add § 1007.20 to read as follows:
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14:47 Mar 16, 2011
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(a) Notwithstanding § 1007.19(e)(2), a
unit may engage in data mining and
receive Federal Financial Participation
only under the three following
conditions:
(1) The activity has a defined duration
and staff time devoted to the activity is
described;
(2) The MFCU identifies the methods
of cooperation between the MFCU and
State Medicaid agency as well as a
primary point of contact for data mining
at the two agencies; and
(3) MFCU employees engaged in data
mining receive specialized training in
data mining techniques.
(b) The MFCU shall describe how it
will comply with each of the conditions
described in paragraph (a) of this
section as part of the agreement required
by § 1007.9(d).
(c) The Office of Inspector General,
Department of Health and Human
Services, in consultation with the
Centers for Medicare & Medicaid
Services, approves in advance the
provisions of the agreement as defined
in paragraph (b) of this section.
Dated: May 14, 2010.
Daniel R. Levinson,
Inspector General.
Dated: October 15, 2010.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
Editorial Note: This document was
received in the Office of the Federal Register
on March 10, 2011.
[FR Doc. 2011–6012 Filed 3–16–11; 8:45 am]
BILLING CODE 4152–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 209 and 252
Defense Federal Acquisition
Regulation Supplement; Identification
of Critical Safety Items (DFARS Case
2010–D022)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
a contract clause that clearly identifies
any items being purchased that are
critical safety items so that the proper
SUMMARY:
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
14641
risk-based surveillance can be
performed.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before May
16, 2011, to be considered in the
formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2010–D022,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2010–D022’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2010–D022.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2010–D022’’ on your
attached document.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2010–D022 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Meredith
Murphy, 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. To
confirm receipt of your comment(s),
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT:
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 703–602–1302;
facsimile 703–602–0350.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case was initiated at the
request of the Defense Contract
Management Agency so that when DoD
requiring activities identify
procurements involving critical safety
items, the buying activities will include
a clause in the solicitation and resulting
contract that identifies specific items in
the procurement that are critical safety
items.
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136), section 802, entitled ‘‘Quality
Control in Procurement of Aviation
Critical Safety Items and Related
E:\FR\FM\17MRP1.SGM
17MRP1
14642
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
Services,’’ defined ‘‘aviation critical
safety item’’ to mean a part, assembly,
installation equipment, launch
equipment, recovery equipment, or
support equipment for an aircraft or
aviation weapon system which, if it
failed, could cause catastrophic damage,
unacceptable risk of personal injury, or
loss of life. Implementing regulations
established processes for designated
design control activities to identify
aviation critical safety items. Similar
definitions and requirements have been
applied to ship critical safety items to
implement section 130 of the National
Defense Authorization Act for Fiscal
Year 2007. When design control
activities identify such items to the
contracting activity, the latter will
contract only with sources approved by
the design control activity for the
procurement, modification, repair, or
overhaul of critical safety items. Using
the clause in this proposed rule will
enable contract administration activities
to identify and apply additional riskbased surveillance to comply with joint
agency instructions, such as
Management of Aviation Critical Safety
Items (dated January 25, 2006).
DoD is proposing to amend DFARS
subpart 209.2, Qualifications
Requirements, to add a new contract
clause. Specifically, DoD proposes to
add a clause prescription at DFARS
209.270–5, Contract clause, and a new
clause at 252.209–700X, Critical Safety
Items. The requirement to identify
critical safety items, procure such items
only from sources designated by the
design control activity, and apply
enhanced risk-based surveillance has
been in effect for a number of years.
However, there was no single DoD-wide
means of complying with this
requirement.
surveillance to items identified as
critical safety items.
more items designated by the design
control activity as critical safety items.
IV. 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 does not impose new
requirements on small entities. Its
purpose is to alert Government qualityassurance activities to existing
heightened surveillance requirements
that are imposed by DoD requiring
activities. The process for identifying an
item as a critical safety item occurs
entirely outside the procurement
process, as does the process of
approving a source for production of a
critical safety item. Therefore, an initial
regulatory flexibility analysis has not
been prepared.
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–D022) in
correspondence.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
II. Executive Order 12866
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
This is a significant regulatory action
and, therefore, was subject to review
under Executive Order 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1
III. Executive Order 13563
In accordance with Executive Order
13563, Improving Regulation and
Regulatory Review, dated January 18,
2011, DoD has determined that this rule
is not excessively burdensome to the
public. It is consistent with the intent of
the National Defense Authorization Acts
for Fiscal Years 2004 and 2007 and joint
agency instructions, such as
Management of Aviation Critical Safety
Items (dated January 25, 2006), to
identify and apply additional risk-based
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14:47 Mar 16, 2011
Jkt 223001
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 209 and
252
Government procurement.
Therefore, 48 CFR parts 209 and 252
are proposed to be amended as follows:
1. The authority citation for 48 CFR
parts 209 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 209—CONTRACTOR
QUALIFICATIONS
2. Add section 209.270–5 to read as
follows:
209.270–5
Contract clause.
The contracting officer shall insert the
clause at 252.209–700X, Critical Safety
Items, in solicitations and contracts
when the acquisition includes one or
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Fmt 4702
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3. Add section 252.209–700X to read
as follows:
252.209–700X
Critical Safety Items.
As prescribed in 209.270–5, use the
following clause:
Critical Safety Items (Date)
(a) Definitions.
Aviation critical safety item means a part,
an assembly, installation equipment, launch
equipment, recovery equipment, or support
equipment for an aircraft or aviation weapon
system if the part, assembly, or equipment
contains a characteristic, any failure,
malfunction, or absence of which could
cause—
(1) A catastrophic or critical failure
resulting in the loss of, or serious damage to,
the aircraft or weapon system;
(2) An unacceptable risk of personal injury
or loss of life; or
(3) An uncommanded engine shutdown
that jeopardizes safety.
Design control activity—
(1) With respect to an aviation critical
safety item, means the systems command of
a military department that is specifically
responsible for ensuring the airworthiness of
an aviation system or equipment, in which
an aviation critical safety item is to be used;
and
(2) With respect to a ship critical safety
item, means the systems command of a
military department that is specifically
responsible for ensuring the seaworthiness of
a ship or ship equipment, in which a ship
critical safety item is to be used.
Ship critical safety item means any ship
part, assembly, or support equipment
containing a characteristic, the failure,
malfunction, or absence of which could
cause—
(1) A catastrophic or critical failure
resulting in loss of, or serious damage to, the
ship; or
(2) An unacceptable risk of personal injury
or loss of life.
(b) Identification of critical safety items.
One or more of the items being acquired
under this contract is an aviation or ship
critical safety item. The following items have
been designated aviation critical safety items
or ship critical safety items by the designated
design control activity:
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
(insert additional lines, as necessary)
(c) Heightened quality assurance
surveillance. Items designated in paragraph
(b) of this clause are subject to heightened,
risk-based surveillance by the designated
quality assurance representative.
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
(End of clause)
[FR Doc. 2011–6231 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 173
[Docket Number PHMSA–2009–0303
(HM–213D)]
RIN 2137–AE53
Hazardous Materials: Safety
Requirements for External Product
Piping on Cargo Tanks Transporting
Flammable Liquids
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
PHMSA is notifying the
public of our intent to extend the
comment period by 30 days for a notice
of proposed rulemaking published on
January 27, 2011.
DATES: The comment period for the
NPRM closing on March 28, 2011, is
extended until April 27, 2011.
ADDRESSES: You may submit comments
identified by the docket number
(PHMSA–2009–0303) by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice at the beginning
of the comment. Note that all comments
received will be posted without change
to the docket management system,
including any personal information
provided.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
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SUMMARY:
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14:47 Mar 16, 2011
Jkt 223001
www.regulations.gov, or DOT’s Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Dirk
Der Kinderen, Standards and
Rulemaking Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
8553; or Leonard Majors, Engineering
and Research Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
4545.
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2011, PHMSA
published a notice of proposed
rulemaking (NPRM) (HM–213D; 76 FR
4847) seeking public comment on a
proposal to prohibit the transportation
of flammable liquids in exposed
external product piping (wetlines) on a
cargo tank motor vehicle (CTMV) unless
the CTMV is equipped with bottom
damage protection that conforms to the
requirements of § 178.337–10 or
§ 178.345–8(b)(1), as appropriate. We
also invited comment on a number of
provisions associated with this
proposed prohibition such as the
residue performance standard relating to
applicability of the proposed
prohibition as well as conditional
exceptions and the proposed transition
period and compliance dates. See the
January 27, 2011 NPRM for background
and a complete discussion of the
proposals.
II. Comment Period Extension
We received comments from the
American Trucking Associations, Inc.
(ATA), the Commercial Vehicle Safety
Alliance, the National Tank Truck
Carriers, Inc., and the Tank Truck
Manufacturers Association requesting
an extension of the comment period.
These member organizations represent
carriers, manufacturers, and officials
affected by the NPRM. They state their
primary basis for extension is to allow
for thorough review and analysis of the
HM–213D docket materials. For
example, the ATA notes in their
comment that the regulatory evaluation
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14643
for this NPRM contains numerous new
assumptions and revised economic
analyses that warrant extensive
evaluation by industry experts and
outside consultants. They indicate that
the evaluation will require a review of
(1) The wetlines incidents cited by
PHMSA; (2) the use and retrofit
requirements associated with a manual
purging system; and (3) the feasibility of
alternatives available to comply with
the proposed prohibition. The
associations also indicate the need for
time to convene with members at
meetings scheduled to occur in April
and May of 2011 to present findings and
to obtain feedback. Additionally, the
comment period for this NPRM overlaps
with numerous other regulatory
initiatives within DOT and other
Federal agencies, such as the
Environmental Protection Agency, the
Occupational Safety and Health
Administration, and the U.S. Customs
and Border Protection that impact their
members. Finally, they note that the
trucking industry is dominated by small
businesses that do not have the
resources to understand and
meaningfully participate in the
rulemaking process of so many
concurrent rulemaking actions. In light
of the significance of this rulemaking to
their members and for the reasons
summarized above, the associations
request that PHMSA grant an extension
to the HM–213D NPRM comment period
ranging from sixty days to six months.
Although PHMSA continues to
believe that the initial 60-day comment
period provides enough time to review
and respond to the rulemaking
proposals and supporting material,
PHMSA is consenting to the commenter
requests to extend the comment period
to ensure sufficient time for public
review. However, we do not consider a
lengthy extension (e.g., 120 days) to be
warranted. Accordingly, in the interest
of moving this rulemaking action
forward in a timely manner, we believe,
in addition to the time that remains in
the current comment period, extending
the comment period by 30 days would
be sufficient to relieve the burdens of
conducting an extensive evaluation,
overlapping rulemaking actions, and
needing time to meet with respective
trucking industry members for feedback.
Thus, the comment period for the
HM–213D NPRM is extended from
March 28, 2011 until April 27, 2011.
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]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14641-14643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6231]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209 and 252
Defense Federal Acquisition Regulation Supplement; Identification
of Critical Safety Items (DFARS Case 2010-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add a contract clause that clearly
identifies any items being purchased that are critical safety items so
that the proper risk-based surveillance can be performed.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before May 16, 2011, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2010-D022, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2010-D022'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2010-D022.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2010-D022'' on your attached
document.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2010-D022 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Meredith
Murphy, 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. To
confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 703-602-1302; facsimile
703-602-0350.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case was initiated at the request of the Defense
Contract Management Agency so that when DoD requiring activities
identify procurements involving critical safety items, the buying
activities will include a clause in the solicitation and resulting
contract that identifies specific items in the procurement that are
critical safety items.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136), section 802, entitled ``Quality Control in Procurement of
Aviation Critical Safety Items and Related
[[Page 14642]]
Services,'' defined ``aviation critical safety item'' to mean a part,
assembly, installation equipment, launch equipment, recovery equipment,
or support equipment for an aircraft or aviation weapon system which,
if it failed, could cause catastrophic damage, unacceptable risk of
personal injury, or loss of life. Implementing regulations established
processes for designated design control activities to identify aviation
critical safety items. Similar definitions and requirements have been
applied to ship critical safety items to implement section 130 of the
National Defense Authorization Act for Fiscal Year 2007. When design
control activities identify such items to the contracting activity, the
latter will contract only with sources approved by the design control
activity for the procurement, modification, repair, or overhaul of
critical safety items. Using the clause in this proposed rule will
enable contract administration activities to identify and apply
additional risk-based surveillance to comply with joint agency
instructions, such as Management of Aviation Critical Safety Items
(dated January 25, 2006).
DoD is proposing to amend DFARS subpart 209.2, Qualifications
Requirements, to add a new contract clause. Specifically, DoD proposes
to add a clause prescription at DFARS 209.270-5, Contract clause, and a
new clause at 252.209-700X, Critical Safety Items. The requirement to
identify critical safety items, procure such items only from sources
designated by the design control activity, and apply enhanced risk-
based surveillance has been in effect for a number of years. However,
there was no single DoD-wide means of complying with this requirement.
II. Executive Order 12866
This is a significant regulatory action and, therefore, was subject
to review under Executive Order 12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is not a major rule under 5 U.S.C.
804.
III. Executive Order 13563
In accordance with Executive Order 13563, Improving Regulation and
Regulatory Review, dated January 18, 2011, DoD has determined that this
rule is not excessively burdensome to the public. It is consistent with
the intent of the National Defense Authorization Acts for Fiscal Years
2004 and 2007 and joint agency instructions, such as Management of
Aviation Critical Safety Items (dated January 25, 2006), to identify
and apply additional risk-based surveillance to items identified as
critical safety items.
IV. 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
does not impose new requirements on small entities. Its purpose is to
alert Government quality-assurance activities to existing heightened
surveillance requirements that are imposed by DoD requiring activities.
The process for identifying an item as a critical safety item occurs
entirely outside the procurement process, as does the process of
approving a source for production of a critical safety item. Therefore,
an initial regulatory flexibility analysis has not been prepared.
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-D022) in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
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 proposed to be amended as
follows:
1. The authority citation for 48 CFR parts 209 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
2. Add section 209.270-5 to read as follows:
209.270-5 Contract clause.
The contracting officer shall insert the clause at 252.209-700X,
Critical Safety Items, in solicitations and contracts when the
acquisition includes one or more items designated by the design control
activity as critical safety items.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 252.209-700X to read as follows:
252.209-700X Critical Safety Items.
As prescribed in 209.270-5, use the following clause:
Critical Safety Items (Date)
(a) Definitions.
Aviation critical safety item means a part, an assembly,
installation equipment, launch equipment, recovery equipment, or
support equipment for an aircraft or aviation weapon system if the
part, assembly, or equipment contains a characteristic, any failure,
malfunction, or absence of which could cause--
(1) A catastrophic or critical failure resulting in the loss of,
or serious damage to, the aircraft or weapon system;
(2) An unacceptable risk of personal injury or loss of life; or
(3) An uncommanded engine shutdown that jeopardizes safety.
Design control activity--
(1) With respect to an aviation critical safety item, means the
systems command of a military department that is specifically
responsible for ensuring the airworthiness of an aviation system or
equipment, in which an aviation critical safety item is to be used;
and
(2) With respect to a ship critical safety item, means the
systems command of a military department that is specifically
responsible for ensuring the seaworthiness of a ship or ship
equipment, in which a ship critical safety item is to be used.
Ship critical safety item means any ship part, assembly, or
support equipment containing a characteristic, the failure,
malfunction, or absence of which could cause--
(1) A catastrophic or critical failure resulting in loss of, or
serious damage to, the ship; or
(2) An unacceptable risk of personal injury or loss of life.
(b) Identification of critical safety items. One or more of the
items being acquired under this contract is an aviation or ship
critical safety item. The following items have been designated
aviation critical safety items or ship critical safety items by the
designated design control activity:
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(insert additional lines, as necessary)
(c) Heightened quality assurance surveillance. Items designated
in paragraph (b) of this clause are subject to heightened, risk-
based surveillance by the designated quality assurance
representative.
[[Page 14643]]
(End of clause)
[FR Doc. 2011-6231 Filed 3-16-11; 8:45 am]
BILLING CODE 5001-08-P
