Defense Federal Acquisition Regulation Supplement; Polyacrylonitrile Carbon Fiber-Restriction to Domestic Sources, 6374-6375 [05-2171]

Download as PDF 6374 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations https://www.acq.osd.mil/dpap/dfars/ transf.htm. This final rule is a result of the DFARS Transformation initiative. Section 19.1007(a)(2) of the Federal Acquisition Regulation requires inclusion of a statement on the face page of each contract awarded under the Small Business Competitiveness Demonstration Program, to identify the contract as an award under the Program. To accommodate the use of automated systems, this final rule specifies that, when it is not practical to mark the face page of an award document, alternative means may be used to identify a contract as an award under the Small Business Competitiveness Demonstration Program. DoD published a proposed rule at 69 FR 35566 on June 25, 2004. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed 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 only changes an administrative requirement to accommodate the use of automated contracting 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 Part 219 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 219 is amended as follows: I 1. The authority citation for 48 CFR Part 219 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 219—SMALL BUSINESS PROGRAMS 2. Section 219.1007 is amended by adding paragraph (a)(2) to read as follows: I VerDate jul<14>2003 16:29 Feb 04, 2005 Jkt 205001 219.1007 Procedures. (a)(2) When it is not practical to mark the face page of an award document, alternative means may be used to identify the contract as an award under the Small Business Competitiveness Demonstration Program. * * * * * [FR Doc. 05–2172 Filed 2–4–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 225 [DFARS Case 2004–D002] Defense Federal Acquisition Regulation Supplement; Polyacrylonitrile Carbon Fiber— Restriction to Domestic Sources Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the ending date for phasing out domestic source restrictions on the acquisition of polyacrylonitrile (PAN) carbon fiber. The ending date is extended from May 31, 2005, to May 31, 2006. EFFECTIVE DATE: February 7, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2004–D002. SUPPLEMENTARY INFORMATION: A. Background This final rule extends the ending date for phasing out domestic source restrictions on the acquisition of PAN carbon fiber from May 31, 2005, to May 31, 2006. The prescription for use of the clause at DFARS 252.225–7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber, is amended to require inclusion of the clause in solicitations and contracts for major systems issued on or before May 31, 2006, if the system is not yet in development and demonstration. The aerospace industry requested the extension to provide U.S. companies sufficient time to maintain the industrial and technological capability to support a critical material used in advanced aerospace weapons programs. In addition, the extension is consistent with Section 832 of the National Defense Authorization Act for Fiscal PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Year 2005 (Pub. L. 108–375), which requires a delay in phase-out of the restriction until DoD performs an assessment of the PAN carbon fiber industry and submits the resulting report to Congress. DoD published a proposed rule at 69 FR 35567 on June 25, 2004. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed 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 there are no known domestic small business manufacturers of PAN carbon fiber. 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 Part 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 225 is amended as follows: I 1. The authority citation for 48 CFR Part 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7103–1 is amended by revising the second sentence to read as follows: I 225.7103–1 Policy. * * * DoD is phasing out the restrictions over the period ending May 31, 2006. * * * I 3. Section 225.7103–3 is revised to read as follows: 225.7103–3 Contract clause. Use the clause at 252.225–7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts for major systems issued on or before May 31, 2006, if the system is not yet in engineering and manufacturing E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations development (milestone B as defined in DoDI 5000.2). [FR Doc. 05–2171 Filed 2–4–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 229 [DFARS Case 2003–D031] Defense Federal Acquisition Regulation Supplement; Tax Procedures for Overseas Contracts Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to tax relief for acquisitions conducted in certain foreign countries. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATES: February 7, 2005. FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0296; facsimile (703) 602–0350. Please cite DFARS Case 2003–D031. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. VerDate jul<14>2003 16:29 Feb 04, 2005 Jkt 205001 The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at https://www.acq.osd.mil/dpap/dfars/ transf.htm. This final rule is a result of the DFARS Transformation initiative. The rule revises DFARS Subpart 229.70 to remove procedures that DoD contracting officers use in obtaining tax relief and duty-free import privileges for acquisitions conducted in Spain and the United Kingdom. This text has been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at https:// www.acq.osd.mil/dpap/dars/pgi. DoD published a proposed rule at 69 FR 46129 on August 2, 2004. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed 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 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 6375 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 relocates DoD procedural information related to tax relief, with no substantive change in policy. 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 Part 229 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 229 is amended as follows: I 1. The authority citation for 48 CFR Part 229 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 229—TAXES 2. Subpart 229.70 is revised to read as follows: I Subpart 229.70—Special Procedures for Overseas Contracts To obtain tax relief for overseas contracts, follow the procedures at PGI 229.70. [FR Doc. 05–2169 Filed 2–4–05; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Rules and Regulations]
[Pages 6374-6375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2171]


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DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 2004-D002]


Defense Federal Acquisition Regulation Supplement; 
Polyacrylonitrile Carbon Fiber--Restriction to Domestic Sources

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to extend the ending date for 
phasing out domestic source restrictions on the acquisition of 
polyacrylonitrile (PAN) carbon fiber. The ending date is extended from 
May 31, 2005, to May 31, 2006.

EFFECTIVE DATE: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2004-D002.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule extends the ending date for phasing out domestic 
source restrictions on the acquisition of PAN carbon fiber from May 31, 
2005, to May 31, 2006. The prescription for use of the clause at DFARS 
252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN) 
Carbon Fiber, is amended to require inclusion of the clause in 
solicitations and contracts for major systems issued on or before May 
31, 2006, if the system is not yet in development and demonstration.
    The aerospace industry requested the extension to provide U.S. 
companies sufficient time to maintain the industrial and technological 
capability to support a critical material used in advanced aerospace 
weapons programs. In addition, the extension is consistent with Section 
832 of the National Defense Authorization Act for Fiscal Year 2005 
(Pub. L. 108-375), which requires a delay in phase-out of the 
restriction until DoD performs an assessment of the PAN carbon fiber 
industry and submits the resulting report to Congress.
    DoD published a proposed rule at 69 FR 35567 on June 25, 2004. DoD 
received no comments on the proposed rule. Therefore, DoD has adopted 
the proposed 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 there are no known domestic small business manufacturers of PAN 
carbon fiber.

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 Part 225

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Part 225 is amended as follows:
0
1. The authority citation for 48 CFR Part 225 continues to read as 
follows:

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

PART 225--FOREIGN ACQUISITION

0
2. Section 225.7103-1 is amended by revising the second sentence to 
read as follows:


225.7103-1  Policy.

 * * * DoD is phasing out the restrictions over the period ending May 
31, 2006. * * *

0
3. Section 225.7103-3 is revised to read as follows:


225.7103-3  Contract clause.

    Use the clause at 252.225-7022, Restriction on Acquisition of 
Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts 
for major systems issued on or before May 31, 2006, if the system is 
not yet in engineering and manufacturing

[[Page 6375]]

development (milestone B as defined in DoDI 5000.2).

[FR Doc. 05-2171 Filed 2-4-05; 8:45 am]
BILLING CODE 5001-08-P
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