8 September 2010
[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Rules and Regulations]
[Page 54527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se10-17]
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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: Final rule.
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SUMMARY: DoD is adopting as final, without change, an interim rule that
amended the Defense Federal Acquisition Regulation Supplement to
implement section 825 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 and the Vessel Hull Design
Protection Amendments of 2008. Section 825 clarifies the Government's
rights in technical data in the designs of a DoD vessel, boat, craft,
or components thereof.
DATES: Effective Date: September 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0328;
facsimile 703-602-0350. Please cite DFARS Case 2008-D039.
SUPPLEMENTARY INFORMATION:
A. Background
This final 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).
DoD published the interim rule in the Federal Register on November
23, 2009 (74 FR 61043) [below]. The comment period closed on January 22, 2010.
No comments were received. Therefore, DoD is finalizing the interim
rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. This is not a
major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD certifies that this rule will not 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 a significant economic impact on any entity. The rule
creates an affirmative grant of appropriate rights in vessel design to
the Government. No comments were received with regard to impact on
small business.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the DFARS rule
does 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.
List of Subjects in 48 CFR Parts 227 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 227 and 252
published at 74 FR 61043 on November 23, 2009, is adopted as final
without change.
[FR Doc. 2010-22231 Filed 9-7-10; 8:45 am]
BILLING CODE 5001-08-P
[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Rules and Regulations]
[Page 61043-61045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no09-13]
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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.
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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 http://
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
http://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
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