95-16160. Defense Federal Acquisition Regulation Supplement; Tank and Automotive Forging Items

[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Proposed Rules]
[Pages 34497-34498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16160]



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DEPARTMENT OF DEFENSE
48 CFR Part 225


Defense Federal Acquisition Regulation Supplement; Tank and 
Automotive Forging Items

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comment.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to add an 
exception to the foreign source restrictions on the acquisition of 
forgings.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 1, 1995 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 number [phone]. Please cite DFARS Case 95-
D003 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Subpart 225.71 contains foreign product restrictions which 
are based on policies designed to protect the defense industrial base. 
DFARS 225.7102 requires that certain categories of tank and automotive 
forging items be acquired from domestic sources to the maximum extent 
practicable. The policy in DFARS 225.7102 does not apply to 
acquisitions of forgings used for commercial vehicles or noncombat 
support military vehicles.
    This proposed rule excludes forgings purchased as tank and 
automotive spare parts from the foreign source restrictions of DFARS 
225.7102, except when it is known that the parts are for use in tanks 
only. This exclusion is needed to eliminate the potentially significant 
administrative burden of screening tank and automotive forging items 
purchased 

[[Page 34498]]
as spare parts to determine which parts are to be used in tanks and 
are, therefore, subject to the foreign source restrictions.

B. Regulatory Flexibility Act

    This proposed 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 rule 
retains the policy of acquiring tank and automotive forging items from 
domestic sources to the maximum extent practicable. The new exception 
only applies to forging items purchased as tank and automotive spare 
parts, when the end use of the spare parts is unknown. 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 
subpart will be also considered in accordance with Section 610 of the 
Act. Such comments must be submitted separately and cite DFARS Case 95-
D003 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does no apply because this proposed 
rule does not impose any new information collection requirements which 
require the approval of OMB under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 225

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

    Therefore, 48 CFR Part 225 is proposed to be amended as follows:
    1. The authority citation for 48 CFR Part 225 is revised to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 225--FOREIGN ACQUISITION

    2. Section 225.7102 is amended by revising the introductory text to 
read as follows:


225.7102  Policy.

    DoD requirements for the following, including acquisitions for 
items containing the following, shall be acquired from domestic sources 
(as described in the clause at 252.225-7025) to the maximum extent 
practicable--
* * * * *
    3. Section 225.7103 is amended by revising paragraph (e)(1); 
redesignating paragraph (e)(2) as (e)(3); and adding paragraph (e)(2) 
to read as follows:


225.7103  Exceptions.

* * * * *
    (e) * * *
    (1) Used for commercial vehicles or noncombat support military 
vehicles;
    (2) Purchased as tank and automotive spare parts (except when it is 
known the spare parts are for use in tanks only); or
* * * * *
[FR Doc. 95-16160 Filed 6-30-95; 8:45 am]
BILLING CODE 5000-04-M