[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Rules and Regulations]               
[Page 55989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-18]                         

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DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 2003-D099]

 
Defense Federal Acquisition Regulation Supplement; Berry 
Amendment Changes

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Sections 826 and 827 of the National Defense Authorization 
Act for Fiscal Year 2004. Sections 826 and 827 provide exceptions to 
the domestic source requirements of the Berry Amendment. Section 826 
applies to the acquisition of food, specialty metals, and hand or 
measuring tools needed to support contingency operations or to fulfill 
other urgent requirements. Section 827 applies to the acquisition of 
waste and byproducts of cotton or wool fiber for use in the production 
of propellants and explosives.

EFFECTIVE DATE: September 17, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D099.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 69 FR 26508 on May 13, 2004, to 
implement Sections 826 and 827 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136). The rule amended DFARS 
225.7002-2 and 252.225-7012 to provide new exceptions to the domestic 
source requirements of the Berry Amendment (10 U.S.C. 2533a), as 
authorized by Sections 826 and 827 of Public Law 108-136. DoD received 
no comments on the interim rule. Therefore, DoD has adopted the interim 
rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

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 exceptions to domestic source requirements authorized by 
the rule are limited to acquisitions of (1) Food, specialty metals, and 
hand or measuring tools needed to support contingency operations or to 
fulfill other urgent requirements; and (2) waste and byproducts of 
cotton or wool fiber for use in the production of propellants and 
explosives.

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 Parts 225 and 252

    Government procurement.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 225 and 252, which 
was published at 69 FR 26508 on May 13, 2004, is adopted as a final 
rule without change.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 04-21020 Filed 9-16-04; 8:45 am]

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