[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Proposed Rules]
[Page 35567-35568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-34]
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DEPARTMENT OF DEFENSE
48 CFR Part 225
[DFARS Case 2004-D002]
Defense Federal Acquisition Regulation Supplement;
Polyacrylonitrile Carbon Fiber--Restriction to Domestic Sources
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to extend the ending date for phasing out
domestic source restrictions on the acquisition of polyacrylonitrile
(PAN) carbon fiber. The ending date will be extended from May 31, 2005,
to May 31, 2006.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 24, 2004, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2004-D002,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: http://
emissary. acq. osd. mil/ dar/ dfars. nsf/ pubcomm. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2004-D002 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Amy Williams, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http:// emissary. acq. osd.
mil/ dar/ dfars. nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes amendments to DFARS Subpart 225.71 to extend the
ending date for phasing out domestic source restrictions on the
acquisition of PAN carbon fiber from May 31, 2005, to May 31, 2006. The
clause at DFARS 252.225-7022, Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber, will be required in solicitations
and contracts for major systems issued on or before May 31, 2006, if
the system is not yet in development and demonstration.
The current phase-out schedule was added to the DFARS on December
13, 2000 (65 FR 77832). The aerospace industry has requested an
extension of the phase-out in order to provide U.S. companies
sufficient time to maintain the industrial and technological capability
to support a critical material used in advanced aerospace weapons
programs. DoD considers a one-year extension to be appropriate at this
time.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
The 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 there
are no known domestic small business manufacturers of PAN carbon fiber.
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 subpart in accordance with 5 U.S.C. 610.
Such
[[Page 35568]]
comments should be submitted separately and should cite DFARS Case
2004-D002.
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 225
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR part 225 as follows:
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Section 225.7103-1 is amended by revising the second sentence to
read as follows:
225.7103-1 Policy.
* * * DoD is phasing out the restrictions over the period ending
May 31, 2006. * * *
3. Section 225.7103-3 is revised to read as follows:
225.7103-3 Contract clause.
Use the clause at 252.225-7022, Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts
for major systems issued on or before May 31, 2006, if the system is
not yet in engineering and manufacturing development (milestone B as
defined in DoDI 5000.2).
[FR Doc. 04-14339 Filed 6-24-04; 8:45 am]
BILLING CODE 5001-08-P