[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Rules and Regulations]
[Pages 24528-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11550]
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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: Final rule.
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SUMMARY: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to permit the procurement of articles containing para-aramid fibers and
yarns manufactured in the Netherlands. This rule finalizes the interim
rule that was published in the Federal Register on January 15, 1999, to
implement Section 807 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
EFFECTIVE DATE: May 7, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax
(703) 602-0350. Please cite DFARS Case 98-D310.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule with request for comments was published in the
Federal Register at 64 FR 2599 on January 15, 1999. The rule
implemented Section 807 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261). Section
807 provides that the Secretary of Defense may waive the foreign source
restrictions for para-aramid fibers and yarns under certain conditions.
The Secretary of Defense delegated this waiver authority to the Under
Secretary of Defense (Acquisition and Technology). On February 12,
1999, the Under Secretary of Defense (Acquisition and Technology)
issued a determination authorizing the procurement of articles
containing para-aramid fibers and yarns manufactured in the
Netherlands. Synthetic fabric containing the para-aramid fibers and
yarns still must be manufactured in the United States.
Three sources submitted comments in response to the interim rule.
All comments were considered in the development of the final rule.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
[[Page 24529]]
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 only known U.S. manufacturer of para-aramid fibers and
yarns is DuPont, which is a large business concern.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not contain 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,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR Parts 225 and 252,
which was published at 64 FR 2599 on January 15, 1999, is adopted as a
final rule with the following changes:
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 revising paragraph (j) and
removing paragraph (k). The revised text reads as follows:
Sec. 225.7002-2 Exceptions.
* * * * *
(j) Purchases of fibers and yarns that are for use in synthetic
fabric or coated synthetic fabric (but not the purchase of the
synthetic or coated synthetic fabric itself), if--
(1) The fabric is to be used as a component of an end item that is
not a textile product. Examples of textile products, made in whole or
in part of fabric, include--
(i) Draperies, floor coverings, furnishings, and bedding (Federal
Supply Group 72, Household and Commercial Furnishings and Appliances);
(ii) Items made in whole or in part of fabric in Federal Supply
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal
Supply Group 84, Clothing, Individual Equipment and Insignia;
(iii) Upholstered seats (whether for household, office, or other
use); and
(iv) Parachutes (Federal Supply Class 1670); or
(2) The fibers and yarns are para-aramid fibers and yarns
manufactured in--
(i) The Netherlands; or
(ii) Another qualifying country (see 225.872) if the Under
Secretary of Defense (Acquisition and Technology) makes a determination
in accordance with section 807 of Pub. L. 105-261 that--
(A) 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;
(B) 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
(C) The qualifying country permits U.S. firms that manufacture
para-aramid fibers and yarns to compete with foreign films 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 and
paragraphs (b)(3) and (b)(4), and by removing paragraph (b)(5). The
revised text reads as follows:
252.225-7012 Preference for Certain Domestic Commodities.
* * * * *
Preference for Certain Domestic Commodities (May 1999)
* * * * *
(b) * * *
(3) To chemical warfare protective clothing produced in the
countries listed in subsection 225.872-1 of the Defense FAR
Supplement; or
(4) To fibers and yarns that are for use in synthetic fabric or
coated synthetic fabric (but does apply to the synthetic or coated
synthetic fabric itself), if--
(i) The fabric is to be used as a component of an end item that
is not a textile product. Examples of textile products, made in
whole or in part of fabric, include--
(a) Draperies, floor coverings, furnishings, and bedding
(Federal Supply Group 72, Household and Commercial Furnishings and
Appliances);
(B) Items made in whole or in part of fabric in Federal Supply
Group 83, Textile/leather/furs/apparel/findings/tents/flags, or
Federal Supply Group 84, Clothing, Individual Equipment and
Insignia;
(C) Upholstered seats (whether for household, office, or other
use); and
(D) Parachutes (Federal Supply Class 1670); or
(ii) The fibers and yarns are para-aramid fibers and yarns
manufactured in the Netherlands.
(End of clause)
[FR Doc. 99-11550 Filed 5-6-99; 8:45 am]
BILLING CODE 5000-04-M
