Request for Public Comments on the Definition of “Produced” in Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003, Restrictions on Acquisition of Specialty Metals, 44308 [2011-18383]

Download as PDF 44308 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104– 13, (44 U.S.C. chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Rochelle Barry at (404) 965–2102. Individuals who use a telecommunications device for the deaf (TTY–TDD) may call (202) 833–3722 between 8:30 a.m. and 5 p.m. Eastern Time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in this Federal Register: (1) By fax to: (202) 395–6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; and (2) Electronically by e-mail to: smar@omb.eop.gov. SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and • Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments A 60-day public comment Notice was published in the Federal Register on May 12, 2011. This comment period ended July 18, 2011. No public comments were received from this Notice. Description: The Corporation is seeking approval of revised Martin Luther King, Jr. Day of Service Application Instructions using the Corporation’s Electronic Application System, eGrants. VerDate Mar<15>2010 16:15 Jul 22, 2011 Jkt 223001 Type of Review: Renewal. Agency: Corporation for National and Community Service. Title: Martin Luther King, Jr. Day of Service Application Instructions. OMB Number: 3045–0110. Agency Number: None. Affected Public: Eligible applicants to the Corporation for National and Community Service for funding of Martin Luther King, Jr. Day of Service Grants. Total Respondents: 50. Frequency: Annual. Average Time per Response: Ten (10) hours. Estimated Total Burden Hours: 500. Total Burden Cost (capital/startup): None. Total Burden Cost (operating/ maintenance): None. Dated: July 18, 2011. Idara Nickelson, Acting Chief of Program Operations. [FR Doc. 2011–18748 Filed 7–22–11; 8:45 am] BILLING CODE 6050–$$–P DEPARTMENT OF DEFENSE Request for Public Comments on the Definition of ‘‘Produced’’ in Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003, Restrictions on Acquisition of Specialty Metals Department of Defense (DoD). Request for public comments. AGENCY: ACTION: SUMMARY: The Department of Defense is seeking public comments on the definition of ‘‘produced’’ in Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003, Restrictions on acquisition of specialty metals. DATES: Submit written comments to the address shown below on or before September 8, 2011. Comments received will be considered by DoD in the formation of a recommendation to the Secretary of Defense if a revision to the definition is necessary and appropriate. ADDRESSES: Submit comments to: Director, Defense Procurement and Acquisition Policy, 3060 Defense Pentagon, Washington, DC 20301–3060, or e-mail to patricia.foley@osd.mil. FOR FURTHER INFORMATION CONTACT: Patricia Foley, telephone 703–693–1145. SUPPLEMENTARY INFORMATION: The Department of Defense (DoD) is conducting a review of DFARS 225.7003, Restrictions on acquisition of specialty metals, to determine whether it complies with the requirements of section 2533b of title 10, United States PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 Code, as required by section 823 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111–383). DoD is seeking public comments on the definition of ‘‘produced’’ in the course of its review. Public comments from industry and industry associations should provide sales and market share data regarding the proportion of specialty metals acquired for DoD major weapons systems. DoD will use these submissions as part of its internal deliberations. Any amendments to the acquisition regulations resulting from these deliberations will be subject to approval by the Defense Acquisition Regulations Council. Background: Section 842 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109–364) added new provisions at 10 U.S.C. 2533b to address requirements for the purchase of specialty metals from domestic sources. 10 U.S.C. 2533b restricts DoD’s acquisition of end items containing specialty metals to those ‘‘melted or produced’’ in the United States unless the acquisition meets one of the exceptions in the law. The statute specifically included the phrase ‘‘melted or produced,’’ allowing that melting was not the only acceptable process for creation of domestic specialty metals. DoD published a proposed rule under DFARS Case 2008–D003, Restriction on Acquisition of Specialty Metals, at 73 FR 42300 on July 21, 2008. DoD considered public comments submitted in response to the proposed rule in the formation of a final rule. DoD published a final rule at 74 FR 37626 on July 29, 2009. The Federal Register notice summarized the concerns expressed in the public comments submitted in response to the proposed rule and the reasoning used in drafting the definition. DoD defined the term ‘‘produce’’ in the final DFARS rule to incorporate technological progress in the industry that resulted in the production of some specialty metals without requiring melting. The DFARS defines ‘‘produce’’ for use in the specialty metals clause as ‘‘the application of forces or processes to a specialty metal to create the desired physical properties through quenching or tempering of steel plate, gas atomization or sputtering of titanium, or final consolidation of non-melt derived titanium powder or titanium alloy powder.’’ Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. [FR Doc. 2011–18383 Filed 7–22–11; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Page 44308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18383]



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DEPARTMENT OF DEFENSE




Request for Public Comments on the Definition of ``Produced'' in 

Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003, 

Restrictions on Acquisition of Specialty Metals



AGENCY: Department of Defense (DoD).



ACTION: Request for public comments.



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



SUMMARY: The Department of Defense is seeking public comments on the 

definition of ``produced'' in Defense Federal Acquisition Regulation 

Supplement (DFARS) 225.7003, Restrictions on acquisition of specialty 

metals.



DATES: Submit written comments to the address shown below on or before 

September 8, 2011. Comments received will be considered by DoD in the 

formation of a recommendation to the Secretary of Defense if a revision 

to the definition is necessary and appropriate.



ADDRESSES: Submit comments to: Director, Defense Procurement and 

Acquisition Policy, 3060 Defense Pentagon, Washington, DC 20301-3060, 

or e-mail to patricia.foley@osd.mil.



FOR FURTHER INFORMATION CONTACT: Patricia Foley, telephone 703-693-

1145.



SUPPLEMENTARY INFORMATION: The Department of Defense (DoD) is 

conducting a review of DFARS 225.7003, Restrictions on acquisition of 

specialty metals, to determine whether it complies with the 

requirements of section 2533b of title 10, United States Code, as 

required by section 823 of the National Defense Authorization Act for 

Fiscal Year 2011 (Pub. L. 111-383). DoD is seeking public comments on 

the definition of ``produced'' in the course of its review. Public 

comments from industry and industry associations should provide sales 

and market share data regarding the proportion of specialty metals 

acquired for DoD major weapons systems. DoD will use these submissions 

as part of its internal deliberations. Any amendments to the 

acquisition regulations resulting from these deliberations will be 

subject to approval by the Defense Acquisition Regulations Council.

    Background: Section 842 of the National Defense Authorization Act 

for Fiscal Year 2007 (Pub. L. 109-364) added new provisions at 10 

U.S.C. 2533b to address requirements for the purchase of specialty 

metals from domestic sources. 10 U.S.C. 2533b restricts DoD's 

acquisition of end items containing specialty metals to those ``melted 

or produced'' in the United States unless the acquisition meets one of 

the exceptions in the law. The statute specifically included the phrase 

``melted or produced,'' allowing that melting was not the only 

acceptable process for creation of domestic specialty metals.

    DoD published a proposed rule under DFARS Case 2008-D003, 

Restriction on Acquisition of Specialty Metals, at 73 FR 42300 on July 

21, 2008. DoD considered public comments submitted in response to the 

proposed rule in the formation of a final rule. DoD published a final 

rule at 74 FR 37626 on July 29, 2009. The Federal Register notice 

summarized the concerns expressed in the public comments submitted in 

response to the proposed rule and the reasoning used in drafting the 

definition.

    DoD defined the term ``produce'' in the final DFARS rule to 

incorporate technological progress in the industry that resulted in the 

production of some specialty metals without requiring melting. The 

DFARS defines ``produce'' for use in the specialty metals clause as 

``the application of forces or processes to a specialty metal to create 

the desired physical properties through quenching or tempering of steel 

plate, gas atomization or sputtering of titanium, or final 

consolidation of non-melt derived titanium powder or titanium alloy 

powder.''



Ynette R. Shelkin,

Editor, Defense Acquisition Regulations System.

[FR Doc. 2011-18383 Filed 7-22-11; 8:45 am]

BILLING CODE 5001-08-P
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