Defense Federal Acquisition Regulation Supplement; Berry Amendment Restrictions-Clothing Materials and Components Covered (DFARS Case 2006-D031), 42315-42316 [E7-14898]
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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations
FAR Part 10 and Part 210, to
determine—
*
*
*
*
*
(2) If the contracting officer cannot
determine whether the criteria in
paragraph (c)(1) of this section are met,
the contracting officer includes a
written explanation in the contract file
as to why such a determination could
not be made (Section 816 of Public Law
109–163).
[FR Doc. E7–14906 Filed 8–1–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 205 and 225
RIN 0750–AF33
Defense Federal Acquisition
Regulation Supplement; Berry
Amendment Notification Requirement
(DFARS Case 2006–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
SUMMARY: DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 833(a) of
the National Defense Authorization Act
for Fiscal Year 2006. Section 833(a)
requires the posting of a notice on the
FedBizOpps Internet site, when certain
exceptions to domestic source
requirements apply to an acquisition.
DATES: Effective Date: August 2, 2007.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0328;
facsimile (703) 602–7887. Please cite
DFARS Case 2006–D006.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71
FR 58536 on October 4, 2006, to
implement Section 833(a) of the
National Defense Authorization Act for
Fiscal Year 2006 (Pub. L. 109–163).
Section 833(a) amended 10 U.S.C. 2533a
to add a requirement for the posting of
a notice on the FedBizOpps Internet
site, within 7 days after award of a
contract exceeding the simplified
acquisition threshold, for the
acquisition of (1) certain clothing, fiber,
VerDate Aug<31>2005
16:10 Aug 01, 2007
Jkt 211001
yarn, or fabric items, when DoD has
determined that adequate domestic
items are not available; or (2) chemical
warfare protective clothing, when an
exception to domestic source
requirements applies because the
acquisition furthers an agreement with a
qualifying country.
One source submitted comments on
the interim rule, as discussed below.
Comments: The respondent strongly
supported the initiative to insert
transparency into the process of waiving
domestic source requirements. Although
the law allows posting within 7 days
after contract award, the respondent
encouraged a more immediate notice to
industry, preferably before contract
award. The respondent also suggested
that there should be a permanent
posting of current domestic
nonavailability determinations, so that
industry (especially a company just
entering the contracting arena) would
have information regarding the
materials or components for which a
waiver has been granted. The
respondent recommended that this
information be available in an easily
accessible and permanent location to
permit better compliance with domestic
source requirements.
DoD Response: When drafting the
interim rule, DoD determined that the
least burdensome approach for posting
the notice would be to make it part of
the synopsis that is published after
contract award in accordance with FAR
5.301. Therefore, the final rule
continues to provide for posting of the
notice within 7 days after contract
award, consistent with the statutory
provisions. A listing of current domestic
nonavailability determinations is
available on the Defense Procurement
and Acquisition Policy Web site, at
https://www.acq.osd.mil/dpap/paic/
dnad.htm.
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 a notification
requirement that is performed by the
Government.
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
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
42315
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 205 and
225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Parts 205 and 225,
which was published at 71 FR 58536 on
October 4, 2006, is adopted as a final
rule without change.
I
[FR Doc. E7–14904 Filed 8–1–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AF54
Defense Federal Acquisition
Regulation Supplement; Berry
Amendment Restrictions—Clothing
Materials and Components Covered
(DFARS Case 2006–D031)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
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 833(b) of
the National Defense Authorization Act
for Fiscal Year 2006. Section 833(b)
expands the foreign source restrictions
applicable to the acquisition of clothing
to also include clothing materials and
components, other than sensors,
electronics, or other items added to, and
not normally associated with, clothing
and the materials and components
thereof.
DATES:
Effective Date: August 2, 2007.
Ms.
Amy Williams, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0328;
facsimile (703) 602–7887. Please cite
DFARS Case 2006–D031.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02AUR1.SGM
02AUR1
42316
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations
A. Background
DoD published an interim rule at 72
FR 2637 on January 22, 2007, to
implement Section 833(b) of the
National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163).
Section 833(b) amended 10 U.S.C. 2533a
(the Berry Amendment) to expand the
foreign source restrictions applicable to
the acquisition of clothing to also
include clothing materials and
components, other than sensors,
electronics, or other items added to, and
not normally associated with, clothing
and the materials and components
thereof.
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
jlentini on PROD1PC65 with RULES
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.
16:10 Aug 01, 2007
Jkt 211001
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Parts 225 and 252,
which was published at 72 FR 2637 on
January 22, 2007, is adopted as a final
rule without change.
I
[FR Doc. E7–14898 Filed 8–1–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 0612242956–7411–02]
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to provide
for the acquisition of clothing, and
clothing materials and components,
from domestic sources in accordance
with statutory requirements. The rule
applies to entities interested in
receiving DoD contracts or subcontracts
for the acquisition of clothing. Based on
data collected through the DoD contract
action reporting system, DoD awarded
6,072 contract actions relating to the
acquisition of clothing items during
fiscal year 2005. These actions had a
total dollar value of $1.868 billion and
involved 1,110 contractors. Of these
actions, 4,087 totaling $.81 billion
involved 906 contractors that were
small business concerns. This rule may
have a positive impact on small
businesses that manufacture clothing
materials and components, by reducing
foreign competition. However, the rule
could have a negative impact on small
businesses that have been using foreign
components in the manufacture of
clothing products.
VerDate Aug<31>2005
List of Subjects in 48 CFR Parts 225 and
252
RIN 0648–AT18
Establishment of Marine Reserves and
a Marine Conservation Area Within the
Channel Islands National Marine
Sanctuary; Correction
National Marine Sanctuary
Program (NMSP), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; correction.
AGENCY:
SUMMARY: NOAA published a final rule
on May 24, 2007 that established marine
reserves and a marine conservation area
in the Channel Islands Natioal Marine
Sanctuary. That document contained a
few clerical and printing errors. This
document corrects and clarifies those
three errors.
DATES: Pursuant to section 304(b) of the
National Marine Sanctuaries Act, the
final rule published on May 24, 2007
and the revised terms of designation
shall take effect and become final after
the close of a review period of 45 days
of continuous session of Congress, that
began on May 24, 2007. This correction
only makes three non-substantive
corrections and clarifications to that
rule and does not change the calculation
of the effective date. Announcement of
the effective date of the final rule will
be published in the Federal Register at
a later date.
FOR FURTHER INFORMATION CONTACT:
Sean Hastings, (805) 884–1472; e-mail:
Sean.Hastings@noaa.gov.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
NOAA
published a document in the Federal
Register on May 24, 2007 (72 FR 29208)
establishing marine reserves and a
marine conservation area in the Channel
Islands National Marine Sanctuary.
There was a printing error that requires
clarification and two clerical errors that
are being corrected by this document as
described below.
SUPPLEMENTARY INFORMATION:
Clarification of Changes to the
Designation Document
The printing error affected the way in
which the changes to the original
designation document were portrayed to
the reader. They did not, however, affect
the substance of the actual revision. The
following clarifies for the reader the
changes that were made to the
designation document by the May 24,
2007 Federal Register notice. In this
notice, certain conventions have been
used to highlight the revisions that were
made via the preamble to the May 24,
2007 rule. New language is shown
inside boldfaced arrows while language
that was deleted is set off with boldfaced brackets:
Beginning of Revised Designation
Document
Preamble
Under the authority of the Marine
Protection, Research and Sanctuaries
Act of 1972, Pub. L. 92–532, (the Act)
the waters surrounding the northern
Channel Islands and Santa Barbara
Island are hereby designated a Marine
Sanctuary for the purposes of preserving
and protecting this unique and fragile
ecological community.
Article 1. Effect of Designation
Within the area designated as the
Channel Islands National Marine
Sanctuary (the Sanctuary), described in
Article 2, the Act authorizes the
promulgation of such regulations as are
reasonable and necessary to protect the
values of the Sanctuary. Article 4 of this
Designation lists those activities which
may require regulation, but the listing of
any activity does not by itself prohibit
or restrict it. Restrictions or prohibitions
may be accomplished only through
regulation, and additional activities may
be regulated only by amending Article
4.
Article 2. Description of the Area
The Sanctuary consists of an area of
the waters off the coast of California, of
approximately [1252.5] >1,128< square
nautical miles [(nm)] >(nmi)< adjacent
to the northern Channel Islands and
Santa Barbara Island seaward to a
distance of [6nm] >approximately 6
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Rules and Regulations]
[Pages 42315-42316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14898]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AF54
Defense Federal Acquisition Regulation Supplement; Berry
Amendment Restrictions--Clothing Materials and Components Covered
(DFARS Case 2006-D031)
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 833(b) of the National Defense Authorization Act
for Fiscal Year 2006. Section 833(b) expands the foreign source
restrictions applicable to the acquisition of clothing to also include
clothing materials and components, other than sensors, electronics, or
other items added to, and not normally associated with, clothing and
the materials and components thereof.
DATES: Effective Date: August 2, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-7887. Please cite DFARS Case 2006-D031.
SUPPLEMENTARY INFORMATION:
[[Page 42316]]
A. Background
DoD published an interim rule at 72 FR 2637 on January 22, 2007, to
implement Section 833(b) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163). Section 833(b) amended 10 U.S.C.
2533a (the Berry Amendment) to expand the foreign source restrictions
applicable to the acquisition of clothing to also include clothing
materials and components, other than sensors, electronics, or other
items added to, and not normally associated with, clothing and the
materials and components thereof.
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 has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
The objective of the rule is to provide for the acquisition of
clothing, and clothing materials and components, from domestic sources
in accordance with statutory requirements. The rule applies to entities
interested in receiving DoD contracts or subcontracts for the
acquisition of clothing. Based on data collected through the DoD
contract action reporting system, DoD awarded 6,072 contract actions
relating to the acquisition of clothing items during fiscal year 2005.
These actions had a total dollar value of $1.868 billion and involved
1,110 contractors. Of these actions, 4,087 totaling $.81 billion
involved 906 contractors that were small business concerns. This rule
may have a positive impact on small businesses that manufacture
clothing materials and components, by reducing foreign competition.
However, the rule could have a negative impact on small businesses that
have been using foreign components in the manufacture of clothing
products.
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 225 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR Parts 225 and 252, which
was published at 72 FR 2637 on January 22, 2007, is adopted as a final
rule without change.
[FR Doc. E7-14898 Filed 8-1-07; 8:45 am]
BILLING CODE 5001-08-P
