Acquisition regulations: aramid fibers and yarns,

[Federal Register: January 15, 1999 (Volume 64, Number 10)]

[Rules and Regulations]

[Page 2599-2600]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ja99-29]

DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 98-D310]

Defense Federal Acquisition Regulation Supplement; Para-Aramid Fibers and Yarns

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

SUMMARY: The Director of Defense Procurement has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 807 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. Section 807 sets forth conditions under which DoD may procure articles containing para-aramid fibers and yarns manufactured in certain foreign countries.

DATES: Effective date: January 15, 1999.

Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before March 16, 1999, to be considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD(A&T) DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telefax (703) 602-0350.

E-mail comments submitted over the Internet should be addressed to: dfars@acq.osd.mil

Please cite DFARS Case 98-D310 in all correspondence related to this issue. E-mail comments should cite DFARS Case 98-D310 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

1. Background

   The ``Berry Amendment'' (10 U.S.C. 2241 note) restricts the procurement of foreign synthetic fabric or coated synthetic fabric, including textile fibers and yarns for use in such fabrics. Section 807 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) provides that the Secretary of Defense may waive the foreign source restrictions for para-aramid fibers and yarns under certain conditions. This interim rule amends DFARS 225.7002-2 and the clause at 252.225-7012 to implement Section 807.

2. Regulatory Flexibility Act

   This interim rule is not expected 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 the only known U.S. manufacturer of para-aramid fibers and yarns is DuPont, which is a large business. An initial regulatory flexibility analysis has, therefore, not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected DFARS subparts also will be considered in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 98-D310 in correspondence.

3. Paperwork Reduction Act

   The Paperwork Reduction Act does not apply because this 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.

4. 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 this interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 807 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, which sets forth conditions under which DoD may procure articles containing para-aramid fibers and yarns manufactured in certain foreign countries. Section 807 became effective on October 17, 1998. Comments received in response to the publication of this interim rule will be considered formulating the final rule.

   List of Subjects in 48 CFR Parts 225 and 252

   Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

   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 225.7002-2 is amended by adding paragraph (k) to read as follows:

      225.7002-2 Exceptions.

      * * * * *

      (k) Purchases of articles containing para-aramid fibers and yarns manufactured in a qualifying country (see 225.872) if the Secretary of Defense makes a determination in accordance with Section 807 of Pub. L. 105-261 that--

      (1) Procuring articles that contain only para-aramid fibers and yarns manufactured from suppliers within the United States or its possessions would result in sole source contracts or subcontracts for the supply of such para-aramid fibers and yarns;

      (2) Such sole source contracts or subcontracts would not be in the best interest of the Government or consistent with the objectives of the Competition in Contracting Act (10 U.S.C. 2304); and

      (3) The qualifying country permits U.S. 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.

      PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

   3. Section 252.225-7012 is amended by revising the clause date; in paragraph (b)(3) by removing ``or'' at the end; in paragraph (b)(4)(iv) by removing the period and adding in its place ``; or''; and by adding paragraph (b)(5) to read as follows:

      252.225-7012 Preference for certain domestic commodities.

      * * * * *

      Preference for Certain Domestic Commodities (Jan 1999)

      * * * * *

      [[Page 2600]]

      (b) * * *

      (5) To purchases of articles containing para-aramid fibers and yarns manufactured in a country listed in subsection 225.872-1 of the Defense FAR Supplement, if the Secretary of Defense makes a determination for such purchases in accordance with Section 807 of Pub. L. 105-261.

      (End of clause)

      [FR Doc. 99-845Filed1-14-99; 8:45 am]

      BILLING CODE 5000-04-M