Defense Federal Acquisition Regulation Supplement; Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011-D021), 32843-32844 [2011-13368]
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
significant effect beyond the internal
operating procedures of the
Government. Therefore, publication for
public comment under 41 U.S.C. 1707 is
not required.
IV. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Ynette R. Shelkin,
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. 1303 and 48 CFR
chapter 1.
substitute the phrase ‘‘Canadian end
products’’ for the phrase ‘‘Free Trade
Agreement country end products other than
Bahrainian end products, Moroccan end
products, or Peruvian end products’’ in
paragraphs (b)(2) and (c)(2)(ii) of the basic
provision; and delete the phrase ‘‘Australian
or’’ from paragraph (c)(2)(i) of the basic
provision.
252.225–7045
[Amended]
6. Amend section 252.225–7045 as
follows:
■ a. Revise the clause date of Alternate
II by removing ‘‘(DEC 2010)’’ and adding
in its place ‘‘(JUN 2011)’’.
■ b. Amend paragraph (d) of Alternate II
by removing ‘‘The’’ and adding in its
place ‘‘If the Contractor is from an SC/
CASA state, the’’.
■ c. Revise the clause date of Alternate
III by removing ‘‘(DEC 2010)’’ and
adding in its place ‘‘(JUN 2011)’’.
■ d. Amend paragraph (d) of Alternate
III by removing ‘‘The’’ and adding in its
place ‘‘If the Contractor is from an SC/
CASA state, the’’.
■
[FR Doc. 2011–13797 Filed 6–3–11; 8:45 am]
BILLING CODE 5001–08–P
PART 225—FOREIGN ACQUISITION
225.7009–2
DEPARTMENT OF DEFENSE
[Amended]
2. Amend section 225.7009–2 by
removing from paragraph (a)(2) the
words ‘‘mined, produced, or’’.
■
Defense Acquisition Regulations
System
48 CFR Part 225
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
RIN 0750–AH22
Defense Federal Acquisition
Regulation Supplement; Fire-Resistant
Fiber for Production of Military
Uniforms (DFARS Case 2011–D021)
[Amended]
3. Amend section 252.212–7001 by
revising the clause date in paragraph
(b)(11) by removing ‘‘(DEC 2010)’’ and
adding in its place ‘‘(JUN 2011)’’.
■
252.225–7016
[Amended]
4. Amend section 252.225–7016 as
follows:
■ a. Revise the clause date by removing
‘‘(DEC 2010)’’ and adding in its place
‘‘(JUN 2011)’’.
■ b. Amend paragraph (b)(2) by
removing the words ‘‘mined, produced,
or’’.
■ 5. Amend section 252.225–7035 by
revising Alternate I to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES3
252.225–7035 Buy American Act—Free
Trade Agreements—Balance of Payments
Program Certificate
ALTERNATE I (JUN 2011)
As prescribed in 225.1101(10)(ii),
substitute the phrase ‘‘Canadian end product’’
for the phrases ‘‘Bahrainian end product,’’
‘‘Free Trade Agreement country,’’ ‘‘Free Trade
Agreement country end product,’’ ‘‘Moroccan
end product,’’ and ‘‘Peruvian end product’’ in
paragraph (a) of the basic provision;
VerDate Mar<15>2010
17:38 Jun 03, 2011
Jkt 223001
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
DoD is issuing an interim rule
to implement section 821 of the
National Defense Authorization Act for
Fiscal Year 2011. Section 821 prohibits
specification of the use of fire-resistant
rayon fiber in solicitations issued before
January 1, 2015.
DATES: Effective date: June 6, 2011.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before August 5, 2011.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D021,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
SUMMARY:
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
32843
‘‘DFARS Case 2011–D021’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D021.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D021’’ on your
attached document.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D021 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Amy G.
Williams, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends DFARS
subpart 225.70 to implement section
821 of the National Defense
Authorization Act for Fiscal Year 2011
(Pub. L. 111–383). Section 821 prohibits
specification of the use of fire-resistant
rayon fiber in solicitations issued before
January 1, 2015.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
DoD does not expect this interim 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.
E:\FR\FM\06JNR3.SGM
06JNR3
32844
Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES3
However, an initial regulatory flexibility
analysis has been prepared and is
summarized as follows:
The objectives of this interim rule are
to prohibit specification of the use of
fire-resistant rayon fiber in solicitations
issued before January 1, 2015, as
required by the statute. This will
provide opportunity for offerors to
propose alternative solutions to meet
DoD requirements.
The legal basis for this interim rule is
section 821 of the National Defense
Authorization Act for Fiscal Year 2011
(Pub. L. 111–383).
The two major sources of fire-resistant
fiber used in DoD products either come
from DuPont (product called Nomex) or
The Lenzing Group, Austria (product
called Fire-Resistant Rayon). In order to
manufacture a fire-resistant uniform
currently being sourced by the services,
three products are blended together to
meet desired cost, availability, and
performance criteria:
• Nylon;
• Para-aramid (Kevlar by DuPont or
Twaron by Teijin (the Netherlands));
and
• Either Nomex (DuPont) or FireResistant Rayon (Lenzing).
DuPont is a domestic large business
and the other players are foreign.
Therefore, this rule will have minimal
impact on U.S. small businesses.
This rule does not impose any
reporting or recordkeeping
requirements.
VerDate Mar<15>2010
17:38 Jun 03, 2011
Jkt 223001
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no significant alternatives to
accomplish the stated objectives of this
rule. The rule specifically implements
the statutory requirement.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D021) in
correspondence.
V. Paperwork Reduction Act
VI. 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 section 821 of the
National Defense Authorization Act for
Fiscal Year 2011. This requirement
Frm 00006
Fmt 4701
Sfmt 9990
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
PO 00000
became effective upon enactment on
January 7, 2011. This action is necessary
in order to enable contracting officers to
comply with this new requirement.
Comments received in response to this
interim rule will be considered in the
formation of the final rule.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. In subpart 225.70, add section
225.7016 to read as follows:
■
225.7016
Prohibition.
In accordance with section 821 of the
National Defense Authorization Act for
Fiscal Year 2011, do not include in any
solicitation issued before January 1,
2015, a requirement that proposals
submitted pursuant to such solicitation
shall include the use of fire-resistant
rayon fiber.
[FR Doc. 2011–13368 Filed 6–3–11; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\06JNR3.SGM
06JNR3
Agencies
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32843-32844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13368]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AH22
Defense Federal Acquisition Regulation Supplement; Fire-Resistant
Fiber for Production of Military Uniforms (DFARS Case 2011-D021)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule to implement section 821 of the
National Defense Authorization Act for Fiscal Year 2011. Section 821
prohibits specification of the use of fire-resistant rayon fiber in
solicitations issued before January 1, 2015.
DATES: Effective date: June 6, 2011.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 5, 2011.
ADDRESSES: Submit comments identified by DFARS Case 2011-D021, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2011-D021'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2011-D021.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2011-D021'' on your attached
document.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2011-D021 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Amy G.
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends DFARS subpart 225.70 to implement section
821 of the National Defense Authorization Act for Fiscal Year 2011
(Pub. L. 111-383). Section 821 prohibits specification of the use of
fire-resistant rayon fiber in solicitations issued before January 1,
2015.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this interim 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.
[[Page 32844]]
However, an initial regulatory flexibility analysis has been prepared
and is summarized as follows:
The objectives of this interim rule are to prohibit specification
of the use of fire-resistant rayon fiber in solicitations issued before
January 1, 2015, as required by the statute. This will provide
opportunity for offerors to propose alternative solutions to meet DoD
requirements.
The legal basis for this interim rule is section 821 of the
National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-
383).
The two major sources of fire-resistant fiber used in DoD products
either come from DuPont (product called Nomex) or The Lenzing Group,
Austria (product called Fire-Resistant Rayon). In order to manufacture
a fire-resistant uniform currently being sourced by the services, three
products are blended together to meet desired cost, availability, and
performance criteria:
Nylon;
Para-aramid (Kevlar by DuPont or Twaron by Teijin (the
Netherlands)); and
Either Nomex (DuPont) or Fire-Resistant Rayon (Lenzing).
DuPont is a domestic large business and the other players are
foreign. Therefore, this rule will have minimal impact on U.S. small
businesses.
This rule does not impose any reporting or recordkeeping
requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no significant alternatives to accomplish the stated
objectives of this rule. The rule specifically implements the statutory
requirement.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D021) in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
VI. 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 section 821 of the National Defense
Authorization Act for Fiscal Year 2011. This requirement became
effective upon enactment on January 7, 2011. This action is necessary
in order to enable contracting officers to comply with this new
requirement. Comments received in response to this interim rule will be
considered in the formation of the final rule.
List of Subjects in 48 CFR Part 225
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
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. 1303 and 48 CFR chapter 1.
0
2. In subpart 225.70, add section 225.7016 to read as follows:
225.7016 Prohibition.
In accordance with section 821 of the National Defense
Authorization Act for Fiscal Year 2011, do not include in any
solicitation issued before January 1, 2015, a requirement that
proposals submitted pursuant to such solicitation shall include the use
of fire-resistant rayon fiber.
[FR Doc. 2011-13368 Filed 6-3-11; 8:45 am]
BILLING CODE 5001-08-P