Defense Federal Acquisition Regulation Supplement; Defense Logistics Agency Waiver Authority, 57191 [05-19457]

Download as PDF Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2005–D020. 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 PART 219—SMALL BUSINESS PROGRAMS 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. 219.800 [Amended] 2. Section 219.800 is amended in paragraph (a), in the last sentence, by removing ‘‘2005’’ and adding in its place ‘‘2006’’. I [FR Doc. 05–19456 Filed 9–29–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 225 [DFARS Case 2005–D019] Defense Federal Acquisition Regulation Supplement; Defense Logistics Agency Waiver Authority Department of Defense (DoD). Final rule. AGENCY: ACTION: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to authorize the Defense Logistics Agency Component Acquisition Executive to waive domestic source restrictions on the acquisition of ball and roller bearings, when adequate domestic supplies are not available to meet DoD requirements on a timely basis. EFFECTIVE DATE: September 30, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense SUMMARY: VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2005–D019. SUPPLEMENTARY INFORMATION: A. Background The annual DoD appropriations acts restrict the acquisition of ball and roller bearings to those produced by a domestic source and of domestic origin (Section 8064 of the Fiscal Year 2001 DoD Appropriations Act (Public Law 106–259) and similar sections in subsequent DoD appropriations acts). The appropriations acts provide that the Secretary of the military department responsible for the procurement may waive the restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet DoD requirements on a timely basis, and that such an acquisition must be made in order to acquire capability for national security purposes. This final rule revises DFARS 225.7009–3(c) to delegate this waiver authority to the Defense Logistics Agency (DLA) Component Acquisition Executive, for DLA acquisitions that meet the specified criteria. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2005–D019. 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 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 57191 PART 225—FOREIGN ACQUISITION 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. 2. Section 225.7009–3 is amended by revising paragraph (c) introductory text to read as follows: I 225.7009–3 Waiver. * * * * * (c) The Secretary of the department responsible for acquisition or, for the Defense Logistics Agency, the Component Acquisition Executive, may waive the restriction in 225.7009–1(b), on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that— * * * * * [FR Doc. 05–19457 Filed 9–29–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Parts 225, 229, and 252 [DFARS Case 2004–D012] Defense Federal Acquisition Regulation Supplement; Prohibition of Foreign Taxation on U.S. Assistance Programs Department of Defense (DoD). Interim rule with request for comments. AGENCY: ACTION: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on foreign taxation under contracts funded by U.S. assistance programs. The rule addresses the responsibilities of the contractor and the contracting officer regarding the prohibition. This interim rule is effective September 30, 2005. Comments on the interim rule should be submitted in writing to the address shown below on or before November 29, 2005, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2004–D012, using any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • Defense Acquisition Regulations Web site: https://emissary.acq.osd.mil/ dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments. DATES: E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Page 57191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19457]


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DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 2005-D019]


Defense Federal Acquisition Regulation Supplement; Defense 
Logistics Agency Waiver Authority

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to authorize the Defense 
Logistics Agency Component Acquisition Executive to waive domestic 
source restrictions on the acquisition of ball and roller bearings, 
when adequate domestic supplies are not available to meet DoD 
requirements on a timely basis.

EFFECTIVE DATE: September 30, 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 2005-D019.

SUPPLEMENTARY INFORMATION:

A. Background

    The annual DoD appropriations acts restrict the acquisition of ball 
and roller bearings to those produced by a domestic source and of 
domestic origin (Section 8064 of the Fiscal Year 2001 DoD 
Appropriations Act (Public Law 106-259) and similar sections in 
subsequent DoD appropriations acts). The appropriations acts provide 
that the Secretary of the military department responsible for the 
procurement may waive the restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet DoD requirements on a timely basis, and that such 
an acquisition must be made in order to acquire capability for national 
security purposes. This final rule revises DFARS 225.7009-3(c) to 
delegate this waiver authority to the Defense Logistics Agency (DLA) 
Component Acquisition Executive, for DLA acquisitions that meet the 
specified criteria.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should cite DFARS Case 2005-D019.

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:

PART 225--FOREIGN ACQUISITION

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.


0
2. Section 225.7009-3 is amended by revising paragraph (c) introductory 
text to read as follows:


225.7009-3  Waiver.

* * * * *
    (c) The Secretary of the department responsible for acquisition or, 
for the Defense Logistics Agency, the Component Acquisition Executive, 
may waive the restriction in 225.7009-1(b), on a case-by-case basis, by 
certifying to the House and Senate Committees on Appropriations that--
* * * * *
[FR Doc. 05-19457 Filed 9-29-05; 8:45 am]
BILLING CODE 5001-08-P
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