# Defense Federal Acquisition Regulation Supplement; Acquisition of Major Weapon Systems as Commercial Items (DFARS Case 2006-D012)
**AGENCY:**
Defense Acquisition Regulations System, Department of Defense (DoD).
**ACTION:**
Final rule.
**SUMMARY:**
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006. Section 803 places limitations on the acquisition of a major weapon system as a commercial item.
**EFFECTIVE DATE:**
September 6, 2007.
**FOR FURTHER INFORMATION CONTACT:**
Ms. Felisha Hitt, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310; facsimile (703) 602-7887. Please cite DFARS Case 2006-D012.
**SUPPLEMENTARY INFORMATION:**
**A. Background**
DoD published an interim rule at 71 FR 58537 on October 4, 2006, to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 803 permits the treatment or acquisition of a major weapon system as a commercial item only if (1) The Secretary of Defense determines that the major weapon system meets the definition of commercial item at 41 U.S.C. 403(12) and such treatment is necessary to meet national security objectives; and (2) the congressional defense committees are notified at least 30 days before such treatment or acquisition occurs.
DoD received no comments on the interim rule. Therefore, DoD has adopted the interim rule as a final rule without change.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
**B. Regulatory Flexibility Act**
DoD certifies that this final 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 the rule relates to internal DoD considerations regarding the acquisition of major weapon systems.
**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.*
**List of Subjects in 48 CFR Parts 212 and 234**
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
**48 CFR Part 212**
**Interim Rule Adopted as Final Without Change**
Accordingly, the interim rule amending 48 CFR parts 212 and 234, which was published at 71 FR 58537 on October 4, 2006, is adopted as a final rule without change.