Defense Federal Acquisition Regulation Supplement; Para-Aramid Fibers and Yarns Manufactured in a Qualifying Country (DFARS Case 2008-D024), 76970-76971 [E8-29994]
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76970
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
This final rule removes Section 806 of
Public Law 102–190, Payment
Protections for Subcontractors and
Suppliers, from the lists at DFARS
212.503 and 212.504, since this law was
added to the lists at FAR 12.503 and
12.504 in the final rule published at 73
FR 54007 on September 17, 2008. This
rule also amends DFARS 212.504 to
remove the paragraphs that were
designated as ‘‘Reserved.’’
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 under
41 U.S.C. 418b 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 2008–D021.
Defense Federal Acquisition
Regulation Supplement; Para-Aramid
Fibers and Yarns Manufactured in a
Qualifying Country (DFARS Case
2008–D024)
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 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 212 is
amended as follows:
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
Part 212 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
212.503
[Amended]
2. Section 212.503 is amended by
removing paragraph (a)(i) and
redesignating paragraphs (a)(ii) through
(xi) as paragraphs (a)(i) through (x)
respectively.
■
212.504
[Amended]
3. Section 212.504 is amended as
follows:
■ a. By removing paragraphs (a)(i) and
(ii) and (a)(xix) through (xxi);
■ b. By redesignating paragraphs (a)(iii)
through (xviii) as paragraphs (a)(i)
through (xvi) respectively; and
rwilkins on PROD1PC63 with RULES
■
VerDate Aug<31>2005
17:41 Dec 17, 2008
Jkt 217001
c. By redesignating paragraphs
(a)(xxii) and (xxiii) as paragraphs
(a)(xvii) and (xviii) respectively.
[FR Doc. E8–29993 Filed 12–17–08; 8:45 am]
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 5001–08–P
Ms.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AG13
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a determination
made by the Under Secretary of Defense
for Acquisition, Technology, and
Logistics with regard to the acquisition
of items containing para-aramid fibers
and yarns manufactured in a foreign
country. The determination authorizes
DoD to acquire articles containing paraaramid fibers and yarns manufactured
in foreign countries that have entered
into a defense memorandum of
understanding with the United States.
DATES: Effective date: December 18,
2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before February 17, 2009, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D024,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2008–D024 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
PO 00000
Frm 00124
Fmt 4700
Sfmt 4700
A. Background
10 U.S.C. 2533a restricts DoD
procurement of foreign synthetic fabric
or coated synthetic fabric, including
textile fibers and yarns for use in such
fabrics. Section 807 of the National
Defense Authorization Act for Fiscal
Year 1999 (Pub. L. 105–261) provides
authority for DoD to waive the
restriction at 10 U.S.C. 2533a with
regard to para-aramid fibers and yarns.
On February 12, 1999, the Under
Secretary of Defense for Acquisition and
Technology waived the restriction at 10
U.S.C. 2533a for para-aramid fibers and
yarns manufactured in the Netherlands.
On August 15, 2008, the Under
Secretary of Defense for Acquisition,
Technology, and Logistics expanded the
existing waiver to permit the acquisition
of para-aramid fibers and yarns
manufactured in any qualifying country
listed in DFARS 225.872–1.
This interim rule amends DFARS text
addressing the acquisition of paraaramid fibers and yarns to implement
the Under Secretary’s August 15, 2008
determination. In addition, the rule
clarifies the definition of ‘‘qualifying
country’’ at DFARS 225.003 and
252.225–7012 by including a list of the
qualifying countries within the
definition instead of referring to the list
at DFARS 225.872–1.
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 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 small entities normally are not
involved in the production of paraaramid fibers and yarns. 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–D024.
E:\FR\FM\18DER1.SGM
18DER1
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
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.
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
the determination made by the Under
Secretary of Defense for Acquisition,
Technology, and Logistics on August 15,
2008, that procuring articles that
contain only domestic para-aramid
fibers and yarns would result in solesource contracts or subcontracts for
such fibers and yarns; such sole-source
contracts or subcontracts would not be
in the best interest of the Government,
except as specifically justified and
approved consistent with 10 U.S.C.
2304; and all qualifying countries listed
at DFARS 225.872–1 permit the United
States firms that manufacture paraaramid fibers and yarns to compete with
foreign firms for the sale of para-aramid
fibers and yarns in that country.
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 225 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
Parts 225 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.003 is amended by
revising paragraph (9) to read as follows:
■
225.003
Definitions.
rwilkins on PROD1PC63 with RULES
*
*
*
*
*
(9) Qualifying country means a
country with a memorandum of
understanding or international
agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
Canada
VerDate Aug<31>2005
17:41 Dec 17, 2008
Jkt 217001
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and
Northern Ireland.
*
*
*
*
*
■ 3. Section 225.7002–2 is amended by
revising paragraph (o)(2) to read as
follows:
225.7002–2
Exceptions.
*
*
*
*
*
(o) * * *
(2) The fibers and yarns are paraaramid fibers and yarns manufactured
in a qualifying country.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
4. Section 252.212–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(DEC 2008)’’; and
■ b. In paragraph (b)(5) by removing
‘‘(MAR 2008)’’ and adding in its place
‘‘(DEC 2008)’’.
■ 5. Section 252.225–7012 is amended
as follows:
■ a. By revising the clause date;
■ b. By redesignating paragraphs (a)(3)
and (4) as paragraphs (a)(4) and (5)
respectively;
■ c. By adding a new paragraph (a)(3);
and
■ d. By revising paragraphs (c)(5) and
(c)(6)(ii) to read as follows:
■
252.225–7012 Preference for certain
domestic commodities.
*
*
*
*
*
Preference for Certain Domestic
Commodities (DEC 2008)
(a) * * *
(3) Qualifying country means a
country with a memorandum of
understanding or international
agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
PO 00000
Frm 00125
Fmt 4700
Sfmt 4700
76971
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and
Northern Ireland.
*
*
*
*
*
(c) * * *
(5) To chemical warfare protective
clothing produced in a qualifying
country; or
(6) * * *
(ii) The fibers and yarns are paraaramid fibers and yarns manufactured
in a qualifying country.
*
*
*
*
*
[FR Doc. E8–29994 Filed 12–17–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update contact information
in a contract clause and to make minor
editorial corrections.
DATES: Effective Date: December 18,
2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0311;
facsimile 703–602–7887.
SUPPLEMENTARY INFORMATION: This final
rule amends DFARS text as follows:
Æ 252.203–7001. Updates a phone
number and adds a Web link.
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76970-76971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29994]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AG13
Defense Federal Acquisition Regulation Supplement; Para-Aramid
Fibers and Yarns Manufactured in a Qualifying Country (DFARS Case 2008-
D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement a determination
made by the Under Secretary of Defense for Acquisition, Technology, and
Logistics with regard to the acquisition of items containing para-
aramid fibers and yarns manufactured in a foreign country. The
determination authorizes DoD to acquire articles containing para-aramid
fibers and yarns manufactured in foreign countries that have entered
into a defense memorandum of understanding with the United States.
DATES: Effective date: December 18, 2008.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before February 17, 2009, to
be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D024,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2008-D024 in the
subject line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2533a restricts DoD procurement of foreign synthetic
fabric or coated synthetic fabric, including textile fibers and yarns
for use in such fabrics. Section 807 of the National Defense
Authorization Act for Fiscal Year 1999 (Pub. L. 105-261) provides
authority for DoD to waive the restriction at 10 U.S.C. 2533a with
regard to para-aramid fibers and yarns. On February 12, 1999, the Under
Secretary of Defense for Acquisition and Technology waived the
restriction at 10 U.S.C. 2533a for para-aramid fibers and yarns
manufactured in the Netherlands. On August 15, 2008, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
expanded the existing waiver to permit the acquisition of para-aramid
fibers and yarns manufactured in any qualifying country listed in DFARS
225.872-1.
This interim rule amends DFARS text addressing the acquisition of
para-aramid fibers and yarns to implement the Under Secretary's August
15, 2008 determination. In addition, the rule clarifies the definition
of ``qualifying country'' at DFARS 225.003 and 252.225-7012 by
including a list of the qualifying countries within the definition
instead of referring to the list at DFARS 225.872-1.
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 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 small
entities normally are not involved in the production of para-aramid
fibers and yarns. 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-D024.
[[Page 76971]]
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.
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 the determination made by the Under
Secretary of Defense for Acquisition, Technology, and Logistics on
August 15, 2008, that procuring articles that contain only domestic
para-aramid fibers and yarns would result in sole-source contracts or
subcontracts for such fibers and yarns; such sole-source contracts or
subcontracts would not be in the best interest of the Government,
except as specifically justified and approved consistent with 10 U.S.C.
2304; and all qualifying countries listed at DFARS 225.872-1 permit the
United States firms that manufacture para-aramid fibers and yarns to
compete with foreign firms for the sale of para-aramid fibers and yarns
in that country. 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 225 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Section 225.003 is amended by revising paragraph (9) to read as
follows:
225.003 Definitions.
* * * * *
(9) Qualifying country means a country with a memorandum of
understanding or international agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
* * * * *
0
3. Section 225.7002-2 is amended by revising paragraph (o)(2) to read
as follows:
225.7002-2 Exceptions.
* * * * *
(o) * * *
(2) The fibers and yarns are para-aramid fibers and yarns
manufactured in a qualifying country.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
0
4. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2008)''; and
0
b. In paragraph (b)(5) by removing ``(MAR 2008)'' and adding in its
place ``(DEC 2008)''.
0
5. Section 252.225-7012 is amended as follows:
0
a. By revising the clause date;
0
b. By redesignating paragraphs (a)(3) and (4) as paragraphs (a)(4) and
(5) respectively;
0
c. By adding a new paragraph (a)(3); and
0
d. By revising paragraphs (c)(5) and (c)(6)(ii) to read as follows:
252.225-7012 Preference for certain domestic commodities.
* * * * *
Preference for Certain Domestic Commodities (DEC 2008)
(a) * * *
(3) Qualifying country means a country with a memorandum of
understanding or international agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
* * * * *
(c) * * *
(5) To chemical warfare protective clothing produced in a
qualifying country; or
(6) * * *
(ii) The fibers and yarns are para-aramid fibers and yarns
manufactured in a qualifying country.
* * * * *
[FR Doc. E8-29994 Filed 12-17-08; 8:45 am]
BILLING CODE 5001-08-P
